Damage to car in local authority car park - advice needed

[Syllabubble]

Facts:
Drove into council run car park. There was a metal post sticking up near the kerb which had been cut off about 8 inches above ground. Gouged panel of car under passenger door, and it's going to cost nearly £400 to put right (went right through panel, like opening tin of sardines).

There was a cone on pavement near the metal post, not in the roadway, or over the top of the post, so someone obviously thought the post was an issue.

Council advise not their responsibility as they lease car park and are not responsible for entrance to car park. Gave me name of owners, and details of their solicitors.

Sent details of damage c/o solicitors. Solicitors advise no longer acting for owners.

Back to council - now advise they are writing to owners informing them of problem, and will give me owners details next week so I can approach direct.

We are having to get car fixed on Monday as surface rust already forming on panel, so unable to wait for car park owners to enter into negotiations etc.

What I really want to know is best way to handle situation, as council appear to be washing hand of issue, and what our rights are re. recompense for damage.

Surely it's the fault of the driver?

I'm sure that there is precedent relating to this, although I'm not sure that you'll want to hear it!

I think if damage occurs to your car, they are liable. If you damage your car (by driving into an 8 inch post, for example) it's your own insurance that will need to pay.

They may offer goodwill, but I don't think I'd expect anything more.

you could argue that if the land is used a car park then who ever owns the land is responsible for any reasonably foreseeable damage that defects like this cause especially if a charge made for parking. Is the post within the part that that the council leases? ask them to give you a plan.

I think it's your fault for not paying attention.

8 inches is huge. Your fault.

What does your car insurer say?

You misjudged it . Unless you can demonstrate that it was deliberately left as a hazard I don't think you'll get anywhere.

You may have a case if the post was in an unsafe position or not sufficiently visible and the car park owner was aware of this and had failed to take reasonable precautions.

If any one of those conditions does not apply you don't have a claim. If, for example, the post was only unsafe because it had been cut off and the car park owner was not aware that it had been cut off they are not liable. In the vast majority of cases where a car hits a stationary object the driver is at fault. That is likely to be the case here.

You may have a claim but you will need to prove the car Park owners were negligent in leaving it there where it could foreseeably cause injury or damage.

I'm sure people saying is your fault wouldn't feel the same if a child hurt themselves on it. Which is entirely possible if it's protruding that much.

Not sure about the rights and wrongs of this but I'd make sure that you've got some photos of the post sticking up and the cone in the position it was in, both close up and general shots, from the direction you were coming towards it and other directions. Then it will be much easier to show the problem and why they were the negligent ones rather than you not watching!