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#1 Posted : 05 September 2002 15:32:00(UTC)
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Posted By Nick House To set the scene, we are on a multi tenant site, with a car park that is shared by all. The landlord is also based on site. Several of my colleagues have recently complained of damage being done to their cars during the day whilst in the car park (by people opening doors onto their cars, etc). The landlord has a sign in the car park stating that they cannot be held liable for loss or damage to vehicles whilst in the car park. The car park is covered by CCTV, although not all areas are covered at the same time (much like public car parks, where the cameras rotate to cover areas in a random fashion). Is this sign legally binding, or should the landlord be accountable in some way? Any advice on this would be greatly received, as this is quite a sore subject at the moment. Regards, Nick.
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#2 Posted : 06 September 2002 14:38:00(UTC)
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Posted By Andy Petrie What does your contract with the landlord say? I probably relinquishes him of any responsibility, in which case - tough luck.
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#3 Posted : 06 September 2002 16:05:00(UTC)
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Posted By Ashley Williams from memory......... The legality of the signs is they are worth less than the stuff used to make them. How is the parking advertised? IS it secure if so you got them, either way you can try taking some action against them. Ashley
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#4 Posted : 06 September 2002 16:49:00(UTC)
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Posted By Brian Dawson Disclaimers about personal injury count for nothing (unfair contract terms) but I think signs re damage to property will stand up.
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#5 Posted : 06 September 2002 17:05:00(UTC)
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Posted By Roger Smith Nick, Signs and general disclaimers are worthless. However, in this case (for this damage) the sign may actually be correct. Put simply, the Landlord is liable to recompense car owners for damage to vehicles only IF he is responsible for that damage. If car space lines have been drawn too close together so that drivers have little choice but to dent the door of their neighbours car then the landlord may be liable. Otherwise, the damage would appear to be the fault of the car driver. Hope this helps Roger
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#6 Posted : 07 September 2002 21:09:00(UTC)
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Posted By Ken Taylor You would need to be able to prove negligence on the part of the landlord and I would suspect that, in the circumstances you describe, it would need to be the landlord damaging the car before a case of this nature would 'stand up'! Dents from parking are a real annoyance. I have had several in various car parks due to careless car door openers.
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#7 Posted : 09 September 2002 09:06:00(UTC)
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Posted By Laurie Do you not also have to prove that any "disclaimer" notice has been seen by the parker before parking took place? I seem to remember a couple of LAs losing cases because the disclaimer was on the back of the parking ticket, and therefore not seen until after the "contract" was in place. Laurie
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#8 Posted : 09 September 2002 11:50:00(UTC)
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Posted By Nick House Hi all Many thanks for your comments, most of you have reinforced what I have already been thinking. As for the size of the parking spaces, they are actually slightly larger than the minimum that the regs. state, so theoretically, there should not be a problem (or is that just wishful thinking!!) I guess it is just a case of putting up with it - either that or have our landlords employ a valet (I really must get a reality check.) Many thanks once again to all those who posted a response. Regards Nick.
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