blonde poker forum
Welcome, Guest. Please login or register.
March 29, 2024, 05:45:59 AM

Login with username, password and session length
Search:     Advanced search
2272476 Posts in 66752 Topics by 16945 Members
Latest Member: Zula
* Home Help Arcade Search Calendar Guidelines Login Register
+  blonde poker forum
|-+  Community Forums
| |-+  The Lounge
| | |-+  Do I have a claim?
0 Members and 1 Guest are viewing this topic. « previous next »
Pages: [1] 2 3 Go Down Print
Author Topic: Do I have a claim?  (Read 4888 times)
RED-DOG
International Lover World Wide Playboy
Global Moderator
Hero Member
*****
Offline Offline

Posts: 46911



View Profile WWW
« on: August 01, 2015, 12:42:47 AM »


A few weeks ago Mrs Red parked the camper in a multi story. Because the camper is taller than the average car we are always careful to check that we clear the clatter barrier at the entrance.

She cleared the barrier with no problem, but scraped the roof on low hanging pipework inside the car park.

I went to the car park and measured everything.

The writing on the clatter barrier said clearance was 6'6".

The clatter barrier was set at 6'8"

The pipe was at 6'7".

I have a copy of an internal email stating that since this incident, the clatter barrier has  been lowered.




 Click to see full-size image.
Logged

The older I get, the better I was.
Doobs
Hero Member
*****
Offline Offline

Posts: 16570


View Profile
« Reply #1 on: August 01, 2015, 01:44:23 AM »

http://forums.lr4x4.com/index.php?showtopic=39078

Gives you a little bit of hope.  I assume they would write back and contest it given what is written on the barrier.   I wouldn't like to say what the final result would be.   

Did you get photos of the measurement of the height of the clatter barrier? 
Logged

Most of the bets placed so far seem more like hopeful punts rather than value spots
RED-DOG
International Lover World Wide Playboy
Global Moderator
Hero Member
*****
Offline Offline

Posts: 46911



View Profile WWW
« Reply #2 on: August 01, 2015, 02:01:33 AM »

http://forums.lr4x4.com/index.php?showtopic=39078

Gives you a little bit of hope.  I assume they would write back and contest it given what is written on the barrier.   I wouldn't like to say what the final result would be.   

Did you get photos of the measurement of the height of the clatter barrier? 

Hi Doobs.

I couldn't take a meaningful photo of the height of the clatter barrier because when the camera was close enough to register the the numbers on the tape, the other end of the tape was out of shot.


I do however have this. It is part of an email from the people who manage the building and I was copied in.


The height barriers are actually set at 6ft 8 inches (both)
The pipe is 6ft 7 inches high.
The barriers do state 6ft 6 inches.


And then from a later email

Since this event the centre have lowered the height barrier to 6 ft 6'
Logged

The older I get, the better I was.
bobAlike
Hero Member
*****
Offline Offline

Posts: 5922


View Profile
« Reply #3 on: August 01, 2015, 04:10:03 AM »

I think yes, on the strength of the email evidence only. I'm not a lawyer though Smiley
Logged

Ah! The element of surprise
Matt.NFFC.
Hero Member
*****
Offline Offline

Posts: 1025


View Profile
« Reply #4 on: August 01, 2015, 09:43:15 AM »

If it was me, I'd give it a shot.

They have made amendments since the incident....that says to me that they were in the wrong, and their clearance info was inaccurate.

You parked based on this detail provided by them, and they have failed to ensure your vehicle was safe to enter their premises.
Logged
ripple11
Hero Member
*****
Offline Offline

Posts: 6330



View Profile
« Reply #5 on: August 01, 2015, 04:06:18 PM »

Is it reasonable to expect that if you clear the 'clatter' board that you will not get caught up on the roadways in the car park?

Of course it is..... send the car park a claim for damages and then small claims court if need be.....which is easy and cheap.
Logged
atdc21
Hero Member
*****
Offline Offline

Posts: 1431


View Profile
« Reply #6 on: August 01, 2015, 04:14:22 PM »

Is it reasonable to expect that if you clear the 'clatter' board that you will not get caught up on the roadways in the car park?

Of course it is..... send the car park a claim for damages and then small claims court if need be.....which is easy and cheap.

Agree with this , and you should have grounds for a claim Tom, imo ....but because it doesnt actually say anywhere (as far as we know) that if you can get under the bar you are safe, then that is the loophole a good brief would use as their grounds of defense, good luck tho Tom
Logged

No point feeding a pig Truffles if he's happy eating shit.
The_nun
Hero Member
*****
Offline Offline

Posts: 8478


http://www.organdonation.nhs.uk


View Profile
« Reply #7 on: August 01, 2015, 04:19:29 PM »

Women drivers aye.
Logged

Young_gun
Sr. Member
****
Offline Offline

Posts: 707



View Profile
« Reply #8 on: August 02, 2015, 08:31:54 PM »

Doubt it problem is if you have gone under a barrier which would normally be less than your vehicle based on that you should know the height of the van. Although they have made an error sounds like you have too possibly Sad

P's.  Not in the know either I know more about home insurance lol just appears this could be a stalling point. I hope I'm wrong good luck
Logged

Twitter: @johnnybev1987
#skypokerteamhitsquad
#lovethegame
MattyHollis
Sr. Member
****
Offline Offline

Posts: 839


View Profile
« Reply #9 on: August 02, 2015, 08:51:46 PM »


Because the camper is taller than the average car we are always careful to check that we clear the clatter barrier at the entrance.


If you were as careful as you say you would know the height of your camper and wouldn't be attempting to go under a 6'6 barrier in the first place imo.

I'd be rather disappointed if you say you won the claim to be honest.
Logged
RED-DOG
International Lover World Wide Playboy
Global Moderator
Hero Member
*****
Offline Offline

Posts: 46911



View Profile WWW
« Reply #10 on: August 02, 2015, 09:13:11 PM »


Because the camper is taller than the average car we are always careful to check that we clear the clatter barrier at the entrance.


If you were as careful as you say you would know the height of your camper and wouldn't be attempting to go under a 6'6 barrier in the first place imo.

I'd be rather disappointed if you say you won the claim to be honest.

Well we were exactly as careful as I say because I said we were careful enough to check that we clear the clatter barrier and we did check and we did clear it.

Even though that is the case, we did not know the height of our vehicle, so your logic must be flawed somewhere.

I would be interested to know why you would be disappointed if my claim is successful, and why the people who charge me a fee to use their facility and impose heavy fines if I fail to display a ticket or over stay by more than five minutes should be free of responsibility when, by their own admission, the height safety feature at the entrance was incorrectly installed.
« Last Edit: August 02, 2015, 09:15:20 PM by RED-DOG » Logged

The older I get, the better I was.
MattyHollis
Sr. Member
****
Offline Offline

Posts: 839


View Profile
« Reply #11 on: August 02, 2015, 09:27:14 PM »


Because the camper is taller than the average car we are always careful to check that we clear the clatter barrier at the entrance.


If you were as careful as you say you would know the height of your camper and wouldn't be attempting to go under a 6'6 barrier in the first place imo.

I'd be rather disappointed if you say you won the claim to be honest.

Well we were exactly as careful as I say because I said we were careful enough to check that we clear the clatter barrier and we did check and we did clear it.

Even though that is the case, we did not know the height of our vehicle, so your logic must be flawed somewhere.

I would be interested to know why you would be disappointing if my claim is successful, and why the people who charge me a fee to use their facility and impose heavy fines if I fail to display a ticket or over stay by more than five minutes should be free of responsibility when, by their own admission, the height safety feature at the entrance was incorrectly installed.

Your camper is 6"7 tall and you drove through a barrier/sign that says 6"6 maximum. You have therefore not been careful enough by finding out what your vehicle height is that you drive. I drive numerous vans around daily and have to drive through the same type of barriers as you have posted and ensure that I know the height of each vehicle before I go near the barriers.

I don't know how you can try and reason making a claim based on the facility charging you to use their property and on them fining you for overrunning on the time agreement. The sign is clear you should be 6"6 maximum to go past that barrier and you have failed.

The reason i'd be disappointed is because it's only ever the successful claimant that comes off with a smile on his face. Whether it be by raised insurance premiums - or more in this case, raised parking fees in NCP's, false/unfair claims come back to hurt the consumer.
Logged
DMorgan
Hero Member
*****
Offline Offline

Posts: 4449



View Profile
« Reply #12 on: August 02, 2015, 09:30:05 PM »

Can't see why you wouldn't win with the evidence that you have.

They're offering a parking service for a fee to all vechicles below 6'7 which yours is. You've incurred a loss while using their service in a completely normal way, you haven't broken any of the terms of the transaction that I can see.

I'd equate it to a slip when there isn't a wet floor sign down which the mainstream media has us believe is a slam dunk win?

Edit: I completely misunderstood the situation. Once you've read the sign that its a 6'6 and you decide to enter knowing that your vehicle is 6'6ish I don't think that the car park should be liable. Vehicles that had followed the signage would never have incurred this damage.
« Last Edit: August 02, 2015, 09:35:07 PM by DMorgan » Logged

celtic
Global Moderator
Hero Member
*****
Offline Offline

Posts: 19111



View Profile
« Reply #13 on: August 02, 2015, 09:40:12 PM »

Have I missed the bit were tom tells us the height of his car?
Logged

Keefy is back Smiley But for how long?
RED-DOG
International Lover World Wide Playboy
Global Moderator
Hero Member
*****
Offline Offline

Posts: 46911



View Profile WWW
« Reply #14 on: August 02, 2015, 09:41:40 PM »


Because the camper is taller than the average car we are always careful to check that we clear the clatter barrier at the entrance.


If you were as careful as you say you would know the height of your camper and wouldn't be attempting to go under a 6'6 barrier in the first place imo.

I'd be rather disappointed if you say you won the claim to be honest.

Well we were exactly as careful as I say because I said we were careful enough to check that we clear the clatter barrier and we did check and we did clear it.

Even though that is the case, we did not know the height of our vehicle, so your logic must be flawed somewhere.

I would be interested to know why you would be disappointing if my claim is successful, and why the people who charge me a fee to use their facility and impose heavy fines if I fail to display a ticket or over stay by more than five minutes should be free of responsibility when, by their own admission, the height safety feature at the entrance was incorrectly installed.

Your camper is 6"7 tall and you drove through a barrier/sign that says 6"6 maximum. You have therefore not been careful enough by finding out what your vehicle height is that you drive. I drive numerous vans around daily and have to drive through the same type of barriers as you have posted and ensure that I know the height of each vehicle before I go near the barriers.

I don't know how you can try and reason making a claim based on the facility charging you to use their property and on them fining you for overrunning on the time agreement. The sign is clear you should be 6"6 maximum to go past that barrier and you have failed.

The reason i'd be disappointed is because it's only ever the successful claimant that comes off with a smile on his face. Whether it be by raised insurance premiums - or more in this case, raised parking fees in NCP's, false/unfair claims come back to hurt the consumer.



Fair enough, but you have to admit that contrary to your suggestion, I was as careful as I said I was.

Also, you didn't answer my question about them shouldering some responsibility because the clatter barrier was at the wrong height.

BTW- I am genuinely impressed that you know the height of all the vehicles you drive.
Logged

The older I get, the better I was.
Pages: [1] 2 3 Go Up Print 
« previous next »
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.21 | SMF © 2015, Simple Machines Valid XHTML 1.0! Valid CSS!
Page created in 0.209 seconds with 21 queries.