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Neighbour's children damaged paintwork

  • 22-07-2020 10:10am
    #1
    Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭


    Hi all,

    A group of children in my apartment block got fascinated by the way their heads changed shape as they looked at their reflections in the doors of my car.

    I went outside and all the noise the children made stopped and I saw the children sitting by the car. One or two didn't notice or care about me and kept looking at their reflection.

    Sadly, there are hand prints all over the side of the door and a host of scratches (down to the white layer under the top coat).

    I have taken photos and there is CCTV but I am just wondering has anyone else had a similar experience and what advice would you give? We are newly moved in so I do not know the who is who yet.

    It is all a bit of a pain. Any help would be greatly appreciated.

    Thanks!


Comments

  • Registered Users Posts: 181 ✭✭Austmcc


    bbk wrote: »
    Hi all,

    A group of children in my apartment block got fascinated by the way their heads changed shape as they looked at their reflections in the doors of my car.

    I went outside and all the noise the children made stopped and I saw the children sitting by the car. One or two didn't notice or care about me and kept looking at their reflection.

    Sadly, there are hand prints all over the side of the door and a host of scratches (down to the white layer under the top coat).

    I have taken photos and there is CCTV but I am just wondering has anyone else had a similar experience and what advice would you give? We are newly moved in so I do not know the who is who yet.

    It is all a bit of a pain. Any help would be greatly appreciated.

    Thanks!

    Most of the apartment buildings I've been in have signs about cars being parked at the owners risk. So I would imagine your only fall back is to identify the kids and go to their parents and try ask them to cover costs. I don't see either the kid tracing, or the conversations going well though.

    I've no experience though, just my thoughts.


  • Closed Accounts Posts: 692 ✭✭✭unhappys10


    Austmcc wrote: »
    Most of the apartment buildings I've been in have signs about cars being parked at the owners risk. So I would imagine your only fall back is to identify the kids and go to their parents and try ask them to cover costs. I don't see either the kid tracing, or the conversations going well though.

    I've no experience though, just my thoughts.

    I think those signs take responsibility from the car park owner.
    Not the kids who damaged the car on cctv.

    I'd follow them up and if the parents don't cough up maybe small claims court if they cover the likes of this.
    I wouldn't be a bit worried about upsetting neighbours if they are the type to avoid paying out when their child did the damage.
    If it was my daughter I'd be paying, that's what any decent person would do.


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    unhappys10 wrote: »
    I wouldn't be a bit worried about upsetting neighbours if they are the type to avoid paying out when their child did the damage.
    If it was my daughter I'd be paying, that's what any decent person would do.

    That is an interesting point. As it happens, the parent of one of the children is the head of the residents association, or some type of job like that. Quite a nice and dead on person. It wasn't just her child though.

    I think you point about not being worried about upsetting if they are going to kick up a fuss about paying, or at least contributing, is one worth thinking about.


  • Closed Accounts Posts: 692 ✭✭✭unhappys10


    bbk wrote: »
    That is an interesting point. As it happens, the parent of one of the children is the head of the residents association, or some type of job like that. Quite a nice and dead on person. It wasn't just her child though.

    I think you point about not being worried about upsetting if they are going to kick up a fuss about paying, or at least contributing, is one worth thinking about.

    Hopefully they will be nice about things, if you have clear cctv footage I don't see how they can argue it wasn't them.


  • Registered Users, Registered Users 2 Posts: 9,371 ✭✭✭Phoebas


    unhappys10 wrote: »
    Hopefully they will be nice about things, if you have clear cctv footage I don't see how they can argue it wasn't them.

    The CCTV may show the kids putting their hands on the car, but scratching the paintwork?


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  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    Phoebas wrote: »
    The CCTV may show the kids putting their hands on the car, but scratching the paintwork?

    The scratches look like they were caused by stones or keys, and follow the fingerprints in the paint work.


  • Registered Users, Registered Users 2 Posts: 9,371 ✭✭✭Phoebas


    bbk wrote: »
    The scratches look like they were caused by stones or keys, and follow the fingerprints in the paint work.

    That's the difficulty you might have.
    A parent might concede that their kid inadvertently caused some damage while innocently playing with the car (I'm assuming that these kids are young if they are enjoying looking at their reflections in the paintwork?)

    But a parent might not be so willing to concede that their kid damaged your car with stones or keys unless the CCTV clearly shows it.


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    They could start complaining about the illegal recording of the public places on your CCTV.

    As for not being worried about annoying the neighbours. If they don't teach their children not to sit on other people's cars do you think they will stop them tormenting you when you tell them that their little darling damaged your car and you want them to pay.

    People are nice till they have to put their hands in their pockets and then their true colours come out.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    What type of car are we looking at here, and what is the overall condition? Do you own the accommodation and will you be there long term?

    Living with neighbours is all about give and take, i know if i was approached about something like this i would probably pay but it is sharp enough practice to push ahead with it and would leave a lingering bad taste in my mouth. On street parking is always a risk and you will end up with bangs and bumps over time.


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    cpoh1 wrote: »
    What type of car are we looking at here, and what is the overall condition? Do you own the accommodation and will you be there long term?

    Living with neighbours is all about give and take, i know if i was approached about something like this i would probably pay but it is sharp enough practice to push ahead with it and would leave a lingering bad taste in my mouth. On street parking is always a risk and you will end up with bangs and bumps over time.

    Well I managed to catch the neighbours child mess with the side of the car again and I went into the parents to talk about it, and to stay calm and not get heated. The father didn't have the same style. I am not convinced he is ready to admit that his child was messing with the car. This morning, I saw the child do it. The mother was more reasonable but from both of them, there is no willingness to pay or contribute towards getting it fixed.

    The paintwork is in very good condition otherwise.


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  • Registered Users, Registered Users 2 Posts: 25,011 ✭✭✭✭Wishbone Ash


    Del2005 wrote: »
    They could start complaining about the illegal recording of the public places on your CCTV....
    I can't see how it could be illegal. Most CCTV on the front of any house/business premises will record a public area.

    There are 3 CCTV cameras on the front of my house onto the street outside. The Gardai have approached me several times for footage to assist with their inquiries but have never indicated that it was illegal.


  • Registered Users, Registered Users 2 Posts: 9,617 ✭✭✭ba_barabus


    bbk wrote: »
    Well I managed to catch the neighbours child mess with the side of the car again and I went into the parents to talk about it, and to stay calm and not get heated. The father didn't have the same style. I am not convinced he is ready to admit that his child was messing with the car. This morning, I saw the child do it. The mother was more reasonable but from both of them, there is no willingness to pay or contribute towards getting it fixed.

    The paintwork is in very good condition otherwise.

    I hate to say it but you're either in for a long battle or you better be prepared to eat a sh!t sandwich by the sounds of the above.


  • Registered Users, Registered Users 2 Posts: 9,371 ✭✭✭Phoebas


    There would be no problem with the CCTV and GDPR - it would fall into the 'legitimate interests' grounds.

    Persuading the parents to pay up is the problem, and let's face it, that's what would be needed here, because it's unlikely that this is going near an insurance company or a court.


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    I can't see how it could be illegal. Most CCTV on the front of any house/business premises will record a public area.

    There are 3 CCTV cameras on the front of my house onto the street outside. The Gardai have approached me several times for footage to assist with their inquiries but have never indicated that it was illegal.

    Once its recording a public place you become a data controller and GDPR applies.

    https://www.dataprotection.ie/en/cctv-home

    The Gardai don't know our laws as well as people assume.


  • Registered Users, Registered Users 2 Posts: 25,011 ✭✭✭✭Wishbone Ash


    Del2005 wrote: »
    Once its recording a public place you become a data controller and GDPR applies....
    That doesn't make it illegal as stated in your previous post.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    If the parents say no then ultimately that's it without wasting a huge amount of time and effort and causing tension over something that could be resolved with a machine polish or worst case scenario a few hundred euro for a respray.

    Maybe look at where else you can park the car?


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    That doesn't make it illegal as stated in your previous post.

    The law says that you can't record a public place with your CCTV unless you have data control in place , where is your data policy, data controller and what valid reason do you have for recording a public place? If you are not following the law you are doing something illegal.


  • Registered Users, Registered Users 2 Posts: 73,477 ✭✭✭✭colm_mcm


    cpoh1 wrote: »

    Maybe look at where else you can park the car?

    Other than outside his gaff? Really
    cpoh1 wrote: »
    What type of car are we looking at here,
    Shouldn’t really matter


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    Del2005 wrote: »
    The law says that you can't record a public place with your CCTV unless you have data control in place , where is your data policy, data controller and what valid reason do you have for recording a public place? If you are not following the law you are doing something illegal.

    Indeed though you can be GDPR compliant quite easily, I didn't realise until today.


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    Phoebas wrote: »
    There would be no problem with the CCTV and GDPR - it would fall into the 'legitimate interests' grounds.

    Persuading the parents to pay up is the problem, and let's face it, that's what would be needed here, because it's unlikely that this is going near an insurance company or a court.

    Yeah, look these things happen. I was just surprised how at ease the child was at putting their hands on the car and messing around with it. They seem old enough to have a bit of cop on. Though I was surprised even further at how much it took to convince the parents, or for them to see that I was not making it up. We are talking enough dirty to make small hand prints very obvious. For me, it's all down to the parents reaction. It changes things from "**** happens" to something more depressing.


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  • Registered Users, Registered Users 2 Posts: 379 ✭✭FluffPiece


    Leave aside all the GDPR crap, it'll get you nowhere.

    The only recourse is if you convince the parents to pay. Ultimately they won't be forced to pay. A minor can't be sued for example.

    You are simply relying on them to do the right thing. As said earlier, a parent will believe their child played with the car and put their hands on it, but good luck convincing them the child scratched it with keys or stones etc. The parent will claim it was stones thrown up from the road while driving and good luck proving them wrong.

    Approach it nicely nicely and you might get some luck. Approach it in a hostile kind of way and the parent will tell you to get lost.


  • Registered Users, Registered Users 2 Posts: 6,317 ✭✭✭emo72


    Parents should be teaching their kids not to touch other people's stuff. But that doesn't happen anymore. Look OP, you can't have a nice car unless you can lock it away in a garage. Because kids don't be paying attention to what they're doing. And their parents really don't care. Sorry save yourself the heartache.


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    emo72 wrote: »
    Parents should be teaching their kids not to touch other people's stuff. But that doesn't happen anymore. Look OP, you can't have a nice car unless you can lock it away in a garage. Because kids don't be paying attention to what they're doing. And their parents really don't care. Sorry save yourself the heartache.

    I'll drag my MKIV Golf off the scrap heap so :rolleyes:
    Though it was heartache getting rid of it.... :P


  • Registered Users, Registered Users 2 Posts: 2,147 ✭✭✭piplip87


    Phone the Gardai. They can examine the CCTV, they can call to the parents house. It won't go anywhere but it might put the ****s up them and get them to leave it alone.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    FluffPiece wrote: »
    Leave aside all the GDPR crap, it'll get you nowhere.

    The only recourse is if you convince the parents to pay. Ultimately they won't be forced to pay. A minor can't be sued for example.

    You are simply relying on them to do the right thing. As said earlier, a parent will believe their child played with the car and put their hands on it, but good luck convincing them the child scratched it with keys or stones etc. The parent will claim it was stones thrown up from the road while driving and good luck proving them wrong.

    Approach it nicely nicely and you might get some luck. Approach it in a hostile kind of way and the parent will tell you to get lost.
    This.

    Given that you're new and don't know anyone, I'd be inclined to suck it up unless you're willing to risk creating a hostile neighbour. Some people would immediately offer to pay, others might think you're pulling some kind of scam, others will tell you to f*ck off.
    Unless you've gotten to know the parents, you won't know which type they are.

    The notion that nobody is allowed to touch another person's car is daft anyway. It's a huge metal object in a public place, of course people are going to touch it. If you have a car that you never want anyone to touch, then you need a cover or a garage.


  • Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    unhappys10 wrote: »
    I think those signs take responsibility from the car park owner.
    Not the kids who damaged the car on cctv.

    I'd follow them up and if the parents don't cough up maybe small claims court if they cover the likes of this.
    I wouldn't be a bit worried about upsetting neighbours if they are the type to avoid paying out when their child did the damage.
    Seriously???

    Small claims court against a neighbour's child.

    What a stupid suggestion.

    And small claims court is not for little private disputes either.


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    seamus wrote: »

    The notion that nobody is allowed to touch another person's car is daft anyway. It's a huge metal object in a public place, of course people are going to touch it. If you have a car that you never want anyone to touch, then you need a cover or a garage.

    I understand where you're coming from in the former part of the post, but for this I think we are dealing with a comment you're making based without the context of what actually happened and most likely a difference between us on what we expect in situations like this. Perhaps we all are in this thread, but I would be wary of continuing without raising this. I am certainly not talking about what is allowed or anything relating to your proposed solution of a cover or garage. I'd put parking somewhere else, getting a cover or a garage to the side like the GDPR discussion.


  • Registered Users, Registered Users 2 Posts: 6,317 ✭✭✭emo72


    bbk wrote: »
    I'll drag my MKIV Golf off the scrap heap so :rolleyes:
    Though it was heartache getting rid of it.... :P

    I had a vintage vw van. Sold it because people couldn't leave it alone. Now I drive an unassuming banger. Couldn't care less if anyone dents it. I feel your pain OP, I really do. Make a choice. Stand vigil over your car if you want to keep it perfect.


  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    best of luck OP, in my experience of these scenarios you're met with 'my little billy is an angel and wouldn't do that' or 'they're only kids playing, stop being such a miser' etc...

    hopefully you can get money out of them to repair it and they teach their kids a little respect.


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  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    It's a horrible situation to be in, and although I'd agree that many parent's will be hard pressed to put their hands in their pockets, you can always try.

    I don't really see you getting anywhere, though. Head-wrecking as it is.


    In relation to CCTV - You're allowed to take photos/videos/recordings (whatever way you wish to word it) in a public place. There's no law against it. The GDPR thing, which almost every second person seems to interpret differently, really just means you can't publish the content with the person identifiable, without their permission. Naturally, this is overlooked almost every day of the week (pick up a newspaper, look at the photos - do you reckon they've got everyone's permission?)


    Being a 'data controller' in the real world just means you're not allowed to deny they're your cameras and you have to hand over footage if the person in the footage asks for it.


  • Registered Users, Registered Users 2 Posts: 686 ✭✭✭kaahooters


    It's a horrible situation to be in, and although I'd agree that many parent's will be hard pressed to put their hands in their pockets, you can always try.

    I don't really see you getting anywhere, though. Head-wrecking as it is.


    In relation to CCTV - You're allowed to take photos/videos/recordings (whatever way you wish to word it) in a public place. There's no law against it. The GDPR thing, which almost every second person seems to interpret differently, really just means you can't publish the content with the person identifiable, without their permission. Naturally, this is overlooked almost every day of the week (pick up a newspaper, look at the photos - do you reckon they've got everyone's permission?)




    Being a 'data controller' in the real world just means you're not allowed to deny they're your cameras and you have to hand over footage if the person in the footage asks for it.

    glad to see somones actually read the guidlines for once.


  • Posts: 5,369 [Deleted User]


    I can't see how it could be illegal. Most CCTV on the front of any house/business premises will record a public area.

    There are 3 CCTV cameras on the front of my house onto the street outside. The Gardai have approached me several times for footage to assist with their inquiries but have never indicated that it was illegal.

    It's not illegal if it's reasonable and the public space is secondary to the main area being recorded and is totally random public space ie not your neighbors door, driveway, etc and not considered invasive OR in the interests of protecting your property. As in its covering the entrance but obviously mostly observes a public space. There's plenty of ways to cover the legality but a bit of common sense should do it.

    It's also not for the Gardai to worry about data protection issues. They deal with Criminal.

    You cannot record a neighbors car space or driveway, then produce that footage to a neighbor at their door as evidence of a crime your haven't reported to Gardai, in the hope they will pay to cover it. The act being committed by a child, not the parent as well.

    You are also recommended to advertise the cameras exist and if they do cover neighbors, ensure they consent. My neighbors have no issue with they side entrance being covered by my camera, keeps them covered with zero effort in their part. My old neighbors liked that their driveway was covered as well because they all went home leaving the house and cars for the weekend. New neighbors asked that the camera be tilted down more as they didn't like the idea of their kids playing being recorded. Totally fair request and totally understandable.

    In regards the op, perhaps I missed it but has the CCTV been examined and does it show the damage being caused by the kids? If they keyed the car, they keyed the car. Can the Gardai. **** that.!


  • Posts: 5,369 [Deleted User]


    Del2005 wrote: »
    Once its recording a public place you become a data controller and GDPR applies.

    https://www.dataprotection.ie/en/cctv-home

    The Gardai don't know our laws as well as people assume.

    You are wrong so much it's crazy. They know the law better than you as I have pointed out several times in the past. Data protection is not a Garda issue or concern.


  • Registered Users, Registered Users 2 Posts: 2,043 ✭✭✭Cerco


    So every person with a dash cam is a data controller? I must start writing up my policies in case the Data Protection Commissioner calls ������


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    colm_mcm wrote: »
    Other than outside his gaff? Really

    Its an apartment block not a house where he's parked directly outside. When i used to drive my nice cars daily and was renting in younger days I always considered where I parked as part of the choice when looking to rent. You have to expect some level of people interaction when you dont have offstreet parking. Whether thats door dings, football marks or kids playing hide and seek and holding onto the bumper.
    colm_mcm wrote: »
    Shouldn’t really matter

    But it does in the context of how to respond. If you are driving a new M2 competition you would be right to be put out by some kids marks on your car, a 10 year golf on the other hand? Probably not worth following up.


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  • Registered Users, Registered Users 2 Posts: 73,477 ✭✭✭✭colm_mcm


    I don’t agree that if an immaculately kept older car is damaged, the owner should just suck it up, whereas if it’s more valuable the owner is more entitled to some sort of resolution.


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    piplip87 wrote: »
    Phone the Gardai. They can examine the CCTV, they can call to the parents house. It won't go anywhere but it might put the ****s up them and get them to leave it alone.

    They will do nothing. My Sister's wall was knocked down when they were on holidays a few years ago. When they checked the CCTV it was a neighbours kids that did it, they never had an issue with them just bored uncontrolled kids decided to kick down the wall. They spent a good while doing it and even hid when cars went past. They contacted the Gardai and showed them the CCTV nothing happened and the parents didn't pay to rebuild the wall.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    colm_mcm wrote: »
    I don’t agree that if an immaculately kept older car is damaged, the owner should just suck it up, whereas if it’s more valuable the owner is more entitled to some sort of resolution.

    Its not black and white here.

    I'm not saying that they are not entitled to it, just that you need to weigh it up with the effort, probability of success in getting somewhere and the impact of the lingering bad taste with your neighbours, especially if you are new and plan on staying for the long term.

    If I had a brand new car damaged (which i an asset) repairing it would be important to me to maintain its value and weighed up against the backlash from neighbours may be worth pursuing. If i had a 10 year old golf worth 2-3k no matter how clean it was i wouldnt be as inclined to worry about the repair from a financial perspective.

    I'm not for a second saying the kids are not in the wrong or the parents shouldnt cough up. Just that going toe to toe with neighbours no matter who is right can be more trouble than its worth long term.


  • Registered Users, Registered Users 2 Posts: 3,505 ✭✭✭Killinator


    Del2005 wrote: »
    They will do nothing. My Sister's wall was knocked down when they were on holidays a few years ago. When they checked the CCTV it was a neighbours kids that did it, they never had an issue with them just bored uncontrolled kids decided to kick down the wall. They spent a good while doing it and even hid when cars went past. They contacted the Gardai and showed them the CCTV nothing happened and the parents didn't pay to rebuild the wall.

    The issue/problem the Gardai have is that the age of criminal responsibility in this country is 12 (except majorly serious offences).
    They can't prosecute the children as they are under the age of criminal responsibility and they can't prosecute the parents as they haven't committed a crime themselves.

    After that between 12 and 17 your talking about a juvenile liason officer who will generally administer a caution for the first few 'non-serious' offences so no courts or anything like that come into it, again unless it's a serious offence or the youth is a regular offender and the caution (stern talking to) does not do the trick.

    So basically the Gardai are woefully under powered to actually do anything about most youths committing 'non-serious' offences, leaving civil remedies as the only alternative


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    Killinator wrote: »
    The issue/problem the Gardai have is that the age of criminal responsibility in this country is 12 (except majorly serious offences).
    They can't prosecute the children as they are under the age of criminal responsibility and they can't prosecute the parents as they haven't committed a crime themselves.

    After that between 12 and 17 your talking about a juvenile liason officer who will generally administer a caution for the first few 'non-serious' offences so no courts or anything like that come into it, again unless it's a serious offence or the youth is a regular offender and the caution (stern talking to) does not do the trick.

    So basically the Gardai are woefully under powered to actually do anything about most youths committing 'non-serious' offences, leaving civil remedies as the only alternative

    I knew why nothing happened, had to explain to my Sister, and our justice system does not get any better when they reach adulthood. That is the reason why we have so many problems with anti social behaviour.


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  • Registered Users, Registered Users 2 Posts: 25,011 ✭✭✭✭Wishbone Ash


    cpoh1 wrote: »
    ... You have to expect some level of people interaction when you dont have offstreet parking. Whether thats door dings, football marks or kids playing hide and seek and holding onto the bumper....
    I agree.

    I park my car on the street at the gates of a large secondary school. Pupils are regularly leaning against it, sitting on it or having their lunch on it. A few years ago that would have bothered me but now I accept it's par for the course and don't find it stressful. Having to be a curtain twitcher is much more stressful.


  • Posts: 5,369 [Deleted User]


    Del2005 wrote: »
    They will do nothing. My Sister's wall was knocked down when they were on holidays a few years ago. When they checked the CCTV it was a neighbours kids that did it, they never had an issue with them just bored uncontrolled kids decided to kick down the wall. They spent a good while doing it and even hid when cars went past. They contacted the Gardai and showed them the CCTV nothing happened and the parents didn't pay to rebuild the wall.

    Absolute undeniable proof that no Garda has ever investigated Criminal damage and never will.


  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    To bring the thread back, and fast forward almost a year, one of their kids (4 year old) was caught on the CCTV hitting my car with a rock and causing around 950 euro of damage (dent and scratches in door, three panel paint blend needed). The parents refused to pay for the full damage, saying that other scratches would be fixed as a result (on a different door!!) which means they would be less liable for the full cost. They did offer to pay 300 to 600 euro at a garage of their choosing, but the warranties would be void once I sell the car. I am not going to keep this from new owners, so the receipt in the service history would just draw attention to the new owner that something was damaged, but there is no way to get it sorted if the dent and paint repair was badly done. I was seeking to get the work done by a paint shop which the main dealers would use.

    The only route was legal and the case was dismissed due to parents not being liable for the damage their children cause. The judge did say that it was a five year old car, these things happen and the cost to fix it would uneconomical (950 euro to fix a car worth 21,000 euro at the time which I can only get a firm 14000 offer from a main dealer for). He was referencing old cars worth a couple of grand here. Perhaps the judge was annoyed that I brought this to the small claims in the first place, which I get. If the law is law, then the case was dismissed long before the judge decided to criticise me for how I wanted teh car fixed.

    What I had thought was the clincher was that the young child was walking around the carpark with a rock in his hand, and it took his 10 year old brother to try and keep him away from my car. There was a fight between the brothers, rock was thrown, hit car and the father shows up after the rock and the argument the two brothers were having about it. Simply put, the parents were not keeping an eye on the four year old in a car park!

    I am glad I stood my ground, but it just goes to show you what trouble kids can cause for you if you do not get on with neighbours!



  • Registered Users, Registered Users 2 Posts: 18,779 ✭✭✭✭kippy


    Wasting your time here OP in pursuing it.

    You'll end up:

    1. Causing agro with the neighbours which is often impossible to row back on.
    2. Not being able to prove ANYTHING.
    3. Spending copious amounts of your own time (and possibly money) in going after what you deem to be the the correct course of action

    And for what?

    As the years have gone by my interest in and worry about things like the paint job on my car have reduced significantly for a number of reasons.

    It may be worth reviewing your priorities (about where you live etc) if your car and pait job on it are that important to you (perhaps not a fair outlook but the way I would be looking at it)



  • Registered Users, Registered Users 2 Posts: 22,353 ✭✭✭✭endacl


    What do your neighbours drive?


    Just asking. Suggesting nothing.



  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    I totally get you! Thankfully I am moving out soon, the car was to be sold to help with a house deposit (which has gone pear-shaped since sales fell through because of this). That said, I am totally with you on wear and tear scratches but I suppose what is keeping me frustrated about it is that we are dealing with a dent that needs to be pulled along with the three panel spray work.



  • Registered Users, Registered Users 2 Posts: 3,915 ✭✭✭GTE


    Ahh, to be fair about it; a 04 or 05 small hatch in what I consider to be very poor shape (I know, I am biased) for example I think the fan belt was fixed after 9 months of screeching. The paintwork is very poor in the sense that you'd not be able to notice any new damage easily. They also have an 07 hatchback which is in reasonable condition for its age. Id say the 07 is a 2k car at most.



  • Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    I think you made an error not accepting their initial offer and the judge may have based his decision on this.


    Having a third party garage do body repair does not in any way void any warranty.

    Your "branded" garage simply sends you car out to a third party body repair shop and adds at east 50% to the bill.

    Going the legal route is a last resort and should only be used if all other avenues are exhausted.


    Whilst its piss poor for a kid to damage a car, the parents did make a reasonable offer, but you refused and I think the court was quite correct in dismissing the claim as it was unreasonable for you not to consider properly their offer of up to €600.



  • Registered Users, Registered Users 2 Posts: 18,067 ✭✭✭✭fryup


    those the 'rock throwing' stem from the original incident?



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