How can this be?

[Jampot]

Last august I drove into a multi storey car park, took my ticket and proceeded through the barrier only to hear it scrape along my roof. I contacted the Council and we had some email exchanges. To cut a very long and boring story short, they eventually notified their insurers in December (after I had the repair done to my car at a cost of £520). I spoke to their insurance today as their 3 month timescale for investigating expired last Monday and they tell me its only about 50/50 chance I will reimbursed. Their barrier was faulty as it didnt allow the clearance the entrance described.

It depends on many factors, if the barrier was faulty then more cars other than yours would have been damaged and they will check this. They will also check for any previously reported faults and maintenance history.

If they cant find a fault and only your car was damaged, then they are correct in saying you may not get re-imbursed.

my car is a Land Rover Discovery and therefore higher than many others which is why when the barrier was hanging down it scraped my roof. I have been parking there in a high vehicle since 2001 and therefore know the barrier is high enough for my car. Presumably if they showed they had to repair the faulty barrier that would indicate a problem? Or does the fact that they check them say monthly detract from liability>

For their insurer to pay out, you or your insurer has to prove they were negligent.

If their maintenance records show it was checked and working on x date then you may not have a case for reclaim. If the fault was reported and not repaired, then far easier to prove your claim. Same applied to postholes etc.

Wait until you get a formal answer if they haven't said yes or no yet, ifs its a no then I will have some info somewhere re appealing and what to ask for.

ok thanks

well interestingly I was in the same carpark on Saturdday morning and as I was leaving I noticed the barrier was hanging down again. I didnt know if I had clearance so I edged forward and heard it hit my roof rail so I collared the parking attendant to hold the barrier up so I could drive out. Later in the day I had parked there again and they had the barrier open and were letting people drive through it and handing their tickets to an attendant. Ive just telephoned the inusrance company again to explain this and he said he will speak to the Council as it may change their decision (!)

I think I will need to appeal their decision so if you can let me know what I need to do I would be grateful

Hi Jampot, drop me an email to jo mckie @ hotmail dot co dot uk (no spaces) and i'll help you with an appeal letter. Will need some details but can let you know what I need by email.

Well, if the clearance height advertised at the entrance to the car park is not the height of the barrier under which you have to pass, then they have been negligent. You clearly only parked in there based on the publicised height (and your previous experience) so there must have been a fault for the barrier to be lower than that height.

I would write a very stern letter pointing all this out and demanding immediate reimbursement of your costs or you will be taking legal action which will entitle you to claim not only that amount, but also interest on the sum claimed, plus limited costs.