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Just drove out of the ASDA carpark, slowly over their speedhump and it caught my rear west wing bumper and smashed it :rant: :rant: put a right crack in the bumper and pulled it out slightly.

 

Legally, where do I stand - Its lowered but never had a prob with any other speed humps!

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sorry to hear this mate. thats a real pi$$er :(

some of these speed ramps are just so rediculous they make you wonder just what they hell are they trying to slow down - an Abrahams tank?

theres a real nice cinema/restaurant complex down the road to me but i just know theres going to be a SCRAAPE no matter how slowly i go over :headvswal

 

hope you get it sorted mate

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im 100 percent sure you may mot have a case , but see the cab tbh ,, i had simlar prob in a car park when some twat drove into me and drove off only fot the fact of someone saw him do it and drive away , i got him through dvla , thanks to kind person leaving his number plate for me ,

 

police wouldnt do anything as the car park is private land , they wouldnt even do him for hit and run , try cab , to be certain though bloody speed humps

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Is that right? If it's on private land the police won't do anything?? :wack: Where's the severity line for the police acting/not acting. Could you drive your monster truck over the whole car park and not be in trouble??

 

Doesn't seem right to me, a crime is a crime, no matter what land it's on.

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no leg to stand on mate, private land im afraid

 

Not so sure that applies in this instance. If you hit another car then the private land rule could apply, leaving it a civil dispute between you and the other driver. However I belive there may be a clause for supermarket car parks etc something along the lines of "Where a road is on private land but it is in regular use by the public without exception then the laws within the Road Traffic Act can still be applied" I think it was to give the police rights to nick cruisers and drink drivers etc even they are not technically on the road.

 

However the car was damaged by the the humps Asda placed in the car park. Whilst such places often display signs saying "cars are parked at owners' risk" this only covers damage or theft perpetrated by a third party whilst parked.

 

You were'nt parked when the damage occurred; plus if Asda invite you to enter their property by providing access to parking bays then they have a duty of care to ensure they do not directly cause damage or injury to their customers. That is why they have public liability insurance - it would be a similar thing if you tripped over a loose kerb in the car park and sued for personal injury; private land or not.

 

If said speed hump was so high that it was the direct cause of the damage to your car, then they have not taken sufficient care to prevent damage to your property. Go back and take pictures for evidence; although you may have to prove you were driving with due care so as not to have caused the damage yourself.

 

Don't let the fekkers fob you off.

 

Richard :)

I have something to say............ It's better to burn out than to fade away..... :tt2:

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Guest deve8uk

ok its private land used for public purpose. As is my carpark. Where I have insurance for this sort of thing.

If they are saying you can use it they are liable.

however it will cost you more in fees than it will to repair.

but you should officialy ask for thier insurance details and report it to the council

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If the public have access to the private land then the road traffic act does apply. You cant legally drive a car in a public car park without a licence because the public have access to it. But you can drive without a licence in the same car park with the owners permission if the gate on the entrance is closed - ie no public access. Same applies to fields etc etc. At MFN for example it is a private through road and the land belongs to shipley park/the council. If the gates at the entrance and exit are open then it is Illegal to do burnouts, when the gates are closed it is not.

 

As far as the speed bumps go Asda are liable. They put them there! If there is no warning ie a sign or yellow paint to highlight them then I rekon you would have a case. Same thing applies to icey cark parks, If you slip on ice and break your leg there is nothing you can do. But, if they gritted the car park and you slipped on the grit it would be thier fault as they put it there!

 

Hope this helps you to understand how the law works. PS most police dont know as they dont care about these sort of cases - they are normally deemed civil. (execpt the road trffic act)

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Guest T-Pot

There WILL be a disclaimer saying they take no responsibility for any damage or loss caused while in the car park.

 

end of case im afraid mate.

 

I guarantee you wont get anywhere..sorry

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if the speed humps meet the legal guidlines asda are NOT liable,

in fact as your car was modified you would have even less chance

what about low multi-stories if you went under one and got stuck, or damaged the roof who would be responsible?

save your cash for getting the car repaired m8

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Under english law, you cannot restrict your liability for certain things (e.g. negligence) through a contract - end of! But, you'd have to prove that they were negligent - and considering that their duty of care is towards standard vehicles their obvious defence would be that it was the modifications that allowed the damage to occur...

 

If you can find any other (standard) cars that have been damaged then you might stand a better chance in small claims - so really depends on the cost of repairs. Remember though, it'll cost you £120 to file, and could take months to get your money.

 

Oh, and for what it's worth, no sign in the car park can remove their legal obligations.

 

Rich

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