Having had someone drive into the back of my Focus in late Feb, I eventually had a new bumper fitted by Ford. I went on holiday a week later leaving my pride and joy in the hands of a certain airport parking company.
On returning I noticed a scrape on the previously prestine bumper just behind the N/S rear wheel arch on the plastic mouldings and a scuff around the reversing light/fog surround.
They took photos at the time, and have now produced photos of the car at the time it was left at the said company. The quality of the produced photos is extremely poor, making it very hard to see any visible damage at the time I left the car. However they claim damage can be seen, this in an area that obviously has dirt etc being behind the wheelarch. They also have no close up image of the rear of the car to identify any damage to the rear mouldings which surround the reverse light.
From a legal point of view where do I stand with this? In my eyes the images they have provided do not provide enough detail to rid themselves of liability for the damage to my vehicle. I am keen to pursue this for the full cost of a new bumper, which one week prior to my holiday cost £330 at Vospers Ford.
Appreciate you didn't name the company but a word you chose to describe it - from whcih a reader may have drawn a conclusion removed.
Edited by Pugugly on 02/04/2008 at 19:42
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A court will decide on the balance of probablilities, and with it being fitted so new you would stand a decent chance?
It might be worth putting in a small claim via www.moneyclaim.gov.uk/csmco2/index.jsp
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I imagine the liability might depend on whether you parked the car and went on holiday with the keys in your pocket ie somebody drove into it, or you left the keys with the company and one of their employees moved the car and might have damaged it. This is not a legal opinion - just a thought!
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Thanks for replies....
In this case the parking company in question retains the keys for the vehicle. I simply left the car in the drop off area before they park it elsewhere in the compound for the duration of my trip. Then on my return the car was moved to a pickup spot within the compound for my collection.
This is all within a "secured" compound so members of the public are not driving the vehicles, the staff are. Interestingly there was also one poor guy whose car was only 3 days old when he left it, that had been damaged!
Small claims court will be the next step if their "investigation" doesnt get anywhere. In situations where it is contested, ie my word against theirs what are the chances of a successful outcome? The fact that it was brand new so close to me leaving it of course goes in my favour
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Small Claims is cheap and won't leave you upset if you lose. I don't see how the newness of your car or its damaged bumper could affect the outcome - the firm either damaged it or they didn't
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Did you take them round the car before you left it and showed them it was ok (like they do (or did?) with hire cars)? If not then it would be your word against theirs - the "before" photo they could agrue could have been taken any at any time and the damage already there when they got it...
Also what does the small print of the terms and conditions say?
I'd say you need to look there first.
Edited by b308 on 03/04/2008 at 09:47
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Be aware of how they will try and misrepresent the small print - it isn't always legally enforceable despite what they may say.
Case in point - me. Left a car with a valet parking company while on holiday. Returned to find the car had been stolen as they'd left the keys in it and the compound gate was open. They denied responsibility and referred to their T&Cs which stated they weren't responsible for any loss or damage. They were absolutely adamant about this. I didn't accept it, and a couple of months later myself and my insurers were fully reimbursed for the replacement cost, items in the car and car hire.
Edited by Squiffy on 03/04/2008 at 11:39
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Several years ago I left my car with an off-airport parking company at Newcastle airport. Picked up the car to find that the drivers seatbelt was severed halfway across. I suspect the car had been driven with the belt hanging out of the door and it had caught on something. As I had legal cover on my insurance I asked them to take action but this foundered as I had been alone when I left the car so had no witness to confirm that the car was left undamaged.
Since then I've always used a taxi to the airport, not much difference in price and better peace of mind.
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Its a while since Ive read up on contract law but I rekon the best way foward is thru the small claims court which you can do all online these days.
They have a duty of care as soon as they take the car into their land / compound.
If thet are saying refer to our terms and conditions and if said TC's are over the top you can possibly get then on "unfair terms and conditions"
Good luck !!
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Perhaps a good inclusion on 'pre-flight checks' for travellers leaving their cars in such circumstances would be the first six pictures of their 'holiday' snaps devoted to pictures of the car as it was left in (or handed over at) the airport car park - with a date marked parking agreement (or similar) in shot.
When returning - do the same - it will provide incontrovertible proof in the above scenario.
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In my experience of these parking places, no-one is going to come out to inspect your car. And the main thing on your mind is getting to the terminal in time.
I never like leaving my keys with them (although never suffered any damage) so I always choose the places you park yourself (e.g. NCP Flightpath, Gatwick). I can find a nice space at the end of a row and at least reduce the chances of my car getting damaged that way.
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On the basis that the said company have now admitted liability for this incident....I am now a happy customer (barring the fact they scratched my car). Insurance assessor out within 1 working day, and repair hopefully approved asap at my choice of garage.
I guess the reccomendation for these airport parking companies goes with those who take pictures on the way into the premises!
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