Can I Claim Against The Council

[btrobin]

On a recent trip to the UK my car was damaged in a hotel car park, it was the alarm sounding that alerted me, however by the time I realised it was my alarm and got to the window, the van that had been parked next to me was backing out and then scarpered. In order to keep this as brief as possible, I went out saw a small amount of damage, very minor, van returns after about 15 mins, I confront the two molluscs that were in it, they never touched my car, downright rude pair of buggers, hotel receptionist confirmed my suspicions that they were both drunk. Anyway their company denies any liability, basically telling me to get lost, ditto for the hotel, evidently they have notices denying any liability in the car park. So by luck I found out that this company were delivering wheelie bins for the local council, I have spoken to the woman at the council who has tried to exert some influence on the company, but nothing. It turns out that this company were contracted by the council to deliver these items, is there any way I can hold the council liable as these people were working on behalf of the council as sub contractors. Many thanks for any advice.

[beso]

You have no prospect for recourse from anyone. Don't waste your time even thinking about it.

[bhg481]

Hindsight is a great thing - perhaps you should have called the police when you thought they were drunk.

[Cloverjo]

Tell your insurance company the name of the company these guys were from. Let them deal with it. That's what they're paid for.

[RATTER15]

Head, brick wall, knocking...

[factor-fiction]

Unless they accept that they damaged your vehicle , or there is good CTV evidence or a reliable independent witness, I cannot see you or your insurance company getting anywhere with this. You could try a small claims court claim but unless they'll almost certainly deny it and you'll get nothing but incur costs

[boxtops]

If you have a claim against anyone, it's the company who employed these two blokes. Have you reported it to your motor insurance company? If so, give them all the details of the incident and the name of the company involved, and let them get on with it - it's what you pay your insurance premiums for.

The council contract these people but it would be unlikely (IMO) that damage to third party motor vehicles would be included in the contract.

The hotel have no liability, it's not their negligence which led to this incident.

If the blokes were drunk you might have wanted to involce the police, drink driving is an offence - but it should have been reported to them straight away, not at a later date. How long ago was this?

[EDDIE51]

Not a hope in hell, sorry.

[boxtops]

when you say "small amount of damage" what are we talking about? If you put it to your insurers you may well lose your NCB - it may well be better just to put it down to experience, and move on.

[FredPuli43]

First of all 'small damage' suggests that the claim is not worth powder and shot; by the time you've issued proceedings you'll be out of pocket, or nearly so, without more. Second, if you sue the council, you'll end up suing the company, in reality. That is because a) the council may have an indemnity for damage caused by the company's employees in the course of work b) it's arguable that the company's employees are not servants or agents of the council in this matter c) the council would join the company as a party to the proceedings and the fight would then be you against the company.Therefore you should sue the company, in theory, and not bother with the council.

Give up. Your question is more for a test for law students than for real life.

[btrobin]

As I might have thought, the innocent party comes off worse. MOH said to phone the police at the time, but as usual I didn't take her advice, but then they wouldn't have been in charge of their vehicle by the time the old bill arrived. I did ring the police later and they said it was an offence under the RTA, to drive away, but then their interest waned when they asked about eye witnesses, the CCTV at the hotel doesn't record as that function is broken. You know Travelodge, as they said they are concerned with the safety and comfort of their guests, but when you want to make a complaint they give you a premium rate phone number, some customer service that is. There seems to be a certain type in the UK that when they see a foreign registered car, it's as if they are at war, in the 5 days I was there in November, I was carved up three times, had another three idiots in a scaffolding truck shouting a load of abuse at us, and this damage, not even an hour after checking in to the hotel, and last year someone went across the rear wheel arch at the Campanile, again CCTV doesn't reach there sir, that cost 600 euro to repair, which I had to cough up 250 excess. As for letting the insurers sort it out, I doubt my French insurers would be able to communicate with these numpties, but I will have some satisfaction in the long run, this bunch of cretins won't be delivering any more wheelie bins once I've circulated a statement from the hotel receptionist, confirming they were drunk at 22:00 hrs, and were out working on the public highway very early the next morning, doubt they were sober by then, Health and Safety, tut tut. Thanks for everyone's input.

[grasscarp]

I thought it is illegal for a UK resident to drive a foreign registered vehicle

[boxtops]

OP isn't a UK resident though, as I read it - just visiting the UK on foreign plates?

[grasscarp]

OK. sorry I didnt notice you were only visiting.

[boxtops]

... it is right though (as an aside), if you live here you can only drive for so long without registering your vehicle in the UK. Not sure how some of our neighbours manage not to.....

[joko]

the bottom line is, you don't actually know if they did it - you are just assuming - you have no proof or even any evidence, they just happened to be near your car.

was their van damaged? did you take any pictures?

you cannot just accuse people just because they were nearest

[Maydup]

Good luck.

[btrobin]

joko, it is very hard to paint a picture of this incident and successfully convey the scene without being there, but 21:30 Hrs, no one else in the car park, just these two yobs backing out next to my car, and I've got damage that wasn't there an hour before. Circumstantial evidence, possibly, likelihood of them doing it, highly likely, however I am now going to listen to my wife for once and let it rest for the time being, as it is consuming my time with a passion, and as has been said, no recourse available. It's a little galling to take into consideration that if the CCTV had been working properly at the hotel, it might have been a little more cut and dried to ascertain that they are as guilty as sin. once again Merci I shall return to the peace and tranquillity which surrounds me here in France

[joko]

oh i totally agree that it is highly likely it was them, and i understand your anger - but thats not enough sadly - and as you say its stressing you out and given that you have no proof etc, it is likely you will get nowhere with it.

because the fact is, in that hour any number of cars could have been in and out and done it - and thats enough to cast doubt on it - especially since you have no evidence of corresponding damage on their car that could be tested for paint chips etc.


i was once had a go at by a person because my car was next to theirs - no other reason - but someone had dinged them, then id taken their spot and i got the blame - despite me having no damage to my car etc - but this guy was convinced merely because i was there ... i told him to prove it and he gave up.

[btrobin]

Yep final info, what I have failed to make clear is that I had arrived at the hotel 45 minutes earlier and parked up next to this same van, luckily when we went to our room the car was immediately outside our window, so the only movement within that time was the van backing out. I realise I haven't got a snowball in hells chance, but it still gets my bloody goat. I am a firm believer in what goes around comes around, this rectum of an MD at the firm involved will slip up somewhere along the line, can't wait.