ATTAK Z Posted January 6, 2015 Share Posted January 6, 2015 (edited) Got a puncture on Sunday in the local shop car park ... very congested and some very deep potholes due to lack of maintenance - result ? two new tyres at a total cost of £400.00 As above, can I claim recompense from the shop owner ? Edited January 7, 2015 by ATTAK Z Quote Link to comment Share on other sites More sharing options...
Lexx Posted January 6, 2015 Share Posted January 6, 2015 Got to measure the depth of the pot holes. Same as when attempting to claim from the council. There's a minimum depth where by it becomes possible to claim back the cost of repairs. Quote Link to comment Share on other sites More sharing options...
WhackyWill Posted January 6, 2015 Share Posted January 6, 2015 Go for it..Photos etc :, He who dares wins..!! :thumbs: Quote Link to comment Share on other sites More sharing options...
ioneabee Posted January 6, 2015 Share Posted January 6, 2015 I don't think so - it's private land .......... you drive over it at your own risk 1 Quote Link to comment Share on other sites More sharing options...
Wasso Posted January 6, 2015 Share Posted January 6, 2015 I don't think so - it's private land .......... you drive over it at your own risk I believe that to be the case. Quote Link to comment Share on other sites More sharing options...
ioneabee Posted January 6, 2015 Share Posted January 6, 2015 but.......there is always "duty of care" 1 Quote Link to comment Share on other sites More sharing options...
comrade Posted January 6, 2015 Share Posted January 6, 2015 Any landowner is under a duty to take reasonable care to ensure that his visitors are reasonably safe under Occupiers Liability Act 1957. So, yes, you can sue whoever owns the carpark in question. I don't think so - it's private land .......... you drive over it at your own risk You never go anywhere entirely at your own risk. There is always at least some duty of care, even to trespassers and burglars. Wheher it is a good thing or not is a different matter, but this is how English law is. 2 Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted January 6, 2015 Author Share Posted January 6, 2015 Any landowner is under a duty to take reasonable care to ensure that his visitors are reasonably safe under Occupiers Liability Act 1957. So, yes, you can sue whoever owns the carpark in question. I don't think so - it's private land .......... you drive over it at your own risk You never go anywhere entirely at your own risk. There is always at least some duty of care, even to trespassers and burglars. Wheher it is a good thing or not is a different matter, but this is how English law is. Thanks Comrade ... was hoping you or Dan would pick this up Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted January 6, 2015 Author Share Posted January 6, 2015 Compensation in Brandy would do 1 Quote Link to comment Share on other sites More sharing options...
comrade Posted January 6, 2015 Share Posted January 6, 2015 To win the claim here you need to prove 2 things: 1. That the landowner did not perform his duty to an acceptable standart. Basically, this boils down to whether the condition of the carpark was so bad that it was not safe to use. 2. That your puncture was caused by the condition of the carpark. Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted January 6, 2015 Author Share Posted January 6, 2015 So is it a case of a written communication claiming compensation to start with ? Quote Link to comment Share on other sites More sharing options...
comrade Posted January 6, 2015 Share Posted January 6, 2015 So is it a case of a written communication claiming compensation to start with ? You can call them or visit them in person if you like. If they will not cooperate then you need to get a letter from them rejecting your claim, so called 'deadlock letter'. Then you can sue. Quote Link to comment Share on other sites More sharing options...
Ricey Posted January 6, 2015 Share Posted January 6, 2015 Only being devils advocate mate but how the hell did you puncture a tyre on a pot hole at car park speeds? Did it rip it open or something? Quote Link to comment Share on other sites More sharing options...
comrade Posted January 6, 2015 Share Posted January 6, 2015 By the way, did you actually puncture both tyres, or only one and decided to replace the other just to keep the wear even? Quote Link to comment Share on other sites More sharing options...
KyleR Posted January 7, 2015 Share Posted January 7, 2015 By the way, did you actually puncture both tyres, or only one and decided to replace the other just to keep the wear even? I assume you ask because even if the shop admitted liability/he won the case, it'd only be for one tyre? Only being devils advocate mate but how the hell did you puncture a tyre on a pot hole at car park speeds? Did it rip it open or something? I was thinking the same, surely you'd have to hit the pot hole some whack to puncture a tyre, unless of course there was something sharp in it/around the edge. Quote Link to comment Share on other sites More sharing options...
glrnet Posted January 7, 2015 Share Posted January 7, 2015 Only being devils advocate mate but how the hell did you puncture a tyre on a pot hole at car park speeds? Did it rip it open or something? And you mention 2 new tyres, you were drifting weren't you? 4 Quote Link to comment Share on other sites More sharing options...
Rock_Steady Posted January 7, 2015 Share Posted January 7, 2015 (edited) That sounds like it'd be difficult to prove but best of luck with it. Worth a try. I'd get lots of pics of the offending articles in advance of sending a letter before they can do anything about it if they wanted to. Edited January 7, 2015 by Rock_Steady Quote Link to comment Share on other sites More sharing options...
Ekona Posted January 7, 2015 Share Posted January 7, 2015 Again, I agree 100% with Comrade on this. Do you have any proof that the potholes caused both punctures, i.e. you had someone come out to repair both tyres on the spot as you couldn't drive the car? I'm thinking that unless you have that, any claim could fail as they will simply say that the car park was very busy (by your own admission) and no-one else suffered punctures that day, so on the balance of probabilities you got the punctures somewhere else. At least, that's what I'd say if I was them. 1 Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted January 7, 2015 Author Share Posted January 7, 2015 Only being devils advocate mate but how the hell did you puncture a tyre on a pot hole at car park speeds? Did it rip it open or something? It slipped off the edge of a concrete diveway into a large pothole which had been bitmac surfaced ... this sliced the inside wall of the tyre 1 Quote Link to comment Share on other sites More sharing options...
docwra Posted January 7, 2015 Share Posted January 7, 2015 Id be amazed if you got anywhere with this TBH, if you drove off the edge of the driveway then that would probably be the argument as to what caused the punctures. Like Ekona says, if there were 5 of you with punctures you might have more luck but if youre the only one ........... Quote Link to comment Share on other sites More sharing options...
Ricey Posted January 7, 2015 Share Posted January 7, 2015 Only being devils advocate mate but how the hell did you puncture a tyre on a pot hole at car park speeds? Did it rip it open or something? It slipped off the edge of a concrete diveway into a large pothole which had been bitmac surfaced ... this sliced the inside wall of the tyre Christ. As with the others mate. I doubt you'd get anywhere without a ruckload of evidence. Quote Link to comment Share on other sites More sharing options...
sipar69 Posted January 7, 2015 Share Posted January 7, 2015 Very little chance of successful legal action (which would be a county court claim aka 'small claims court'). However, nothing to lose from writing a polite letter explaining what happened and asking them to compensate you. If they say "no" you've lost half an hour and the cost of a stamp. Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted January 7, 2015 Author Share Posted January 7, 2015 OK guys here are the photos which will perhaps explain better: Entrance to car park - I parked about where the Seat is in this photo Did my shopping ( two bottles for £10), I then backed into the position shown on this photo preparing to exit Offending pothole can now be clearly seen to the side of the concrete in the centre of this photo Detail of pothole with tape showing depth next photo shows a close up of the tape and the edge of the concrete where the front tyre slipped off as I was exiting the car park Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted January 7, 2015 Author Share Posted January 7, 2015 By the way, did you actually puncture both tyres, or only one and decided to replace the other just to keep the wear even? yea just one but I replaced both Quote Link to comment Share on other sites More sharing options...
Crb Posted January 7, 2015 Share Posted January 7, 2015 I wouldn't take the wife's 4x4 in that car park never mind the Zed mate. 1 Quote Link to comment Share on other sites More sharing options...
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