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Old Jun 9th, 2008, 20:14 PM   #1
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Help! Any Law Knowledgeable People Around?


Quick(ish) question.

OH just rang. He tried to park his car in a hotel car park where they had folding bollards in each space. When trying to park, the bollard gouged out the bottom of our car which is now pissing fluid everywhere. In short, it's a mess and undrivable. On inspection of the bollard, it turns out it's been ripped partly from the ground, is unstable and has bolts sticking out of it.

Complained to the hotel, who are getting back to him but they say they aren't liable for damage to cars. (Understandable if someone breaks into, or keys my car for instance) However, there are no signs up stating this, and the only reason for the damage is their failure to upkeep and service their own property correctly and the fact that a piece of 'equipment' they use is faulty.

Does he have a leg to stand on when the manager rings back?
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Old Jun 9th, 2008, 20:16 PM   #2
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Sounds like maybe the manager is just trying to bully you to go away. Do you have auto insurance? Maybe call the insurance company to file a claim? They can go after the hotel. (atleast thats what I would do over here )
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Old Jun 9th, 2008, 20:18 PM   #3
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Yep, have insurance.

OH spoke to a hotel receptionist who apparently wouldn't hear him out and just kept repeating 'Not our problem, you park at your own risk'. He's fuming right now as he does loads of travelling with his car and is now stuck in the middle of nowhere!
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Old Jun 9th, 2008, 20:30 PM   #4
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i would have thought he should have a very steady pair of legs. asyou said its the hotels fault
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Old Jun 9th, 2008, 20:32 PM   #5
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He should demand to speak to the Manager..... and call your insurance company.
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Old Jun 9th, 2008, 20:35 PM   #6
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from the sounds of it, if they're claiming that they take no responsibility, they're trying to bully him. No responsibility does not exclude damage caused by the company for failing to maintain the area, as I understand it.

me....I'd have em....
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Old Jun 9th, 2008, 20:57 PM   #7
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hmm i have a little knowledge in consumer law but thats more to do with buying/selling/fixing things ...

You need to go to the hotel and take pics of the damaged post before its fixed and use that as evidence and go straight to their head office, sod them, of course they are going to try and get out of it, it will be that branch that has to foot the bill.

But getting pics is sooooooo important because if they fix it tomorrow your screwed .. theres no evidence and your stuck with a broken car
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Old Jun 9th, 2008, 21:04 PM   #8
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Also from the sounds of it, it has ripped your sump off which holds some of the oil supply for your car, it sits right at the bottom of your engine ... ask your hubby to take pictures of that for evidence too, to show the damage that has been caused
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Old Jun 12th, 2008, 18:03 PM   #9
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Sorry if you've already dealt with this, only just read the thread. If the fault is with their facilities malfunctioning in taht way I find it very unlikely that they won't be liable. It's like if your chimney pot blew off and landed on someone's car you'd be liable with your house insurance. I think they're trying to get one over on you. Ring your car insurance. They'll sort it for you.
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