Conference terri::cars_uk

	I know that ramp.  It's actually a broken ramp, the bolts are part
	of what used to hold down the missing sections of ramp.  Note that the
	ramp is made of rubber bolted to the tarmac and that one section is
	missing.  It's private property and B&Q have a legal "Duty of Care"
	to make that area safe to the shoppers (and their vehicles) that they 
	invite in to spend.

	I'd complain.  At first firmly but politely and then with more gusto.
	I guess that you could always photograph the hazzard...

	Dave

    I would definately persue it. You mentioned that you spoke to the
    staff. Did you take any names ? Keep a record of the incident. Date and
    time etc. Worth getting a photo as .1 suggested.
    
    - Roy

    
    And presumably you've kept the bit of metal. Are there other similar
    bits of metal still attached to the ramp?
    
    Try being reasonable before you turn nasty, after all B&Q can probably
    afford a legal fight more than you can, but on the other hand are
    probably keen to avoid such activities if they can reach a reasonable
    settlement without (assuming, of course, that you can show a high 
    likelihood of the puncture being their fault).
    
    FWIW, I have often thought that that 'half-ramp' is dangerous.
    
    Mark

    
    Yes, I've still got the piece of metal, and I couldn't see any like it 
    in the remaining bits of ramp - in fact the piece of metal doesn't look
    like anything in particular, so I think they could probably say it
    wasn't 'theirs'. I just didn't know what responsibilities they had for
    keeping the car park  free from potentially dangerous bits of rubbish.
    The state of the speed ramp is such that things could get trapped in
    the remaining bolt holes.

    Did the car park have the usual disclaimer "cars parked at own risk" ?
    They might use this to get out of it. However, it still sounds to me
    like this speed ramp is well dodgy.
    
    _ Roy

The presence of a "Cars Parked at own risk" disclaimer does not reduce or in any
way affect their liability to compensate you for damage attributable to their
neglect.  In most cases these signs are actually illegal, and should be
ignored.

If you can "prove" the metal was on their property, and was there due to their
neglect (ie it hadn't just been dropped by a passer-by), then they are liable
for the damage caused to your bike, regardless of what notices they may display
or what they may try and claim to the contrary...

Of course, proving this will be virtually impossible, but they may pay you
something out of goodwill, particularly if you stress how much you like spending
money in their store, and that it would be a shame for you to have to go
elsewhere because of the poor quality of their car park ;-)

Scott

the speed bump is in quite a bad state of repair - perhaps that could help
base a claim of negligence by B&Q.


...art

>       <<< Note 1404.6 by HUGS::AND_KISSES "Why I Like Country Music" >>>

Good note and I agree with most of what Scott said (But where did he get that
account ? yuk.).

>neglect.  In most cases these signs are actually illegal, and should be

No, they are not illegal. However, neither do they have any legal standing. You
are free to put whatever signs up you like provided they are not offensive etc
etc, it just doesn't limit your liability at law.

>If you can "prove" the metal was on their property, and was there due to their
>neglect (ie it hadn't just been dropped by a passer-by), then they are liable
>for the damage caused to your bike, regardless of what notices they may display
>or what they may try and claim to the contrary...

Absolutely. you have to prove that it was due to their negligence. They only
have to show reasonable care plus a bit. For example, if the carpark was swept
every hour and a reasonable man would expect this to be more than sufficient,
then you would have trouble proving negligence even if you could prove that the
piece of metal came from there.

As Scott said, proving anything out of this is going to be virtually impossible
so if I was you I'd follow the advice he gave in his last paragraph.

M.

    Dear Dave,
    
     I am currently on a course at the moment but if you would like to phone
    me on RDG 588648 after 7 I can advise you. I used to be the Assistant
    Manager in that store in confidence.
    
    Regards,
    
    Mike.

    
>>    Dear Dave,
    
      Don't you mean me? I asked the original question :-) 
    
      Elaine

    You mean you have changed your name to elaine

    
    An update on what is happening with my compensation claim...
    
    I made an appointment to see the manager, who was very reasonable, and
    said I would have to write to 'head office', This I did, and received
    an acknowledement letter about three week's later. I have now received
    a letter from B&Q's insurance company, saying that they have further
    investigations to make, but that I may go ahead and repair the
    damage!!!!!.............

       Just don't let them try and whitewash you. They've got it on special
       offer at the moment - and that's the big 5 litre cans!
    
       Ian (whose yesterday received an insurance payout for a claim made
            last December). 

>       Ian (whose yesterday received an insurance payout for a claim made
>            last December). 


My son, also Iain, is still waiting for a pay-out, although the other insurance
company has admitted liability and agreed a payment.  They're arguing about the
hospital and ambulance costs for one thing, and the towing and "parking" charges
for another.  The accident was last December, too.

	B****y insurance companies, I had to wait 4 MONTHS for a claim
	from *my own* company for a replacement windscreen; they only
	paid up after I threatened legal action and contacted the
	Association of British Insurers and the Insurance Ombudsman...
	needless to say they are not my insurance company any more.

	JJ.

    Some insurance companies deliberately drag their heels when it comes
    to paying out compensation.  It will be three years Saturday that our
    accident occured.  We've had some of the monies, but the rest, which
    has been agreed in writing is still to come.
    Our insurance company did warn us that this third party insurance
    company are renowned for being bad/slow payers.  Ho hum.
    
    Judy
      

	Whew, 3 YEARS, and I thought 9 months was bad.

	Our insurance company are refusing to go knock-for-knock, and are 
	taking the other insurance company to court.

	Heather - we were hit from behind whilst turning right..poor little kit
     

>	Our insurance company are refusing to go knock-for-knock, and are 
>	taking the other insurance company to court.


Going on my own experience, you could think about having a barrister of your
own to represent *you* and not just depend on the Insurance company's barrister
with you as their "witness".

Things can go badly wrong in court if you depend on their barrister...and 
remember *you* are not represented and you can be totally certain that the
other party(ies) will tell lies the whole way, mostly maligning your 
character/driving ability/car/mother...etc...

My brother-in-law was injured on an oil rig while performing S&R operations.
He was the winch-man, the one who dangles on the end of the rope and pulls
people out of the water/whatever.  The other winch man dropped him 15' onto 
a pontoon.  The company admitted responsibility in not fitting the cable to
the winch correctly.  Richard has since had multiple operations on his legs
and has difficulty in walking far, although he can swim like a fish.

Then the insurance company got involved, because that's who's going to pay up
for his compensation claim.

Almost 10 years after admitting liability, the company *still* hasn't paid up,
apart from a couple of thousand towards hospital bills.  He and my sister
think there may be a final settlement within a couple of years .... but they're
not holding their breath.

    
    re the base note.... 
    
    I got a cheque yesterday to cover the full cost of the tyre and
    fitting!  After I had written to the insurance compny in March, I 
    received an acknowledgement letter, then all went quiet. About a month
    ago I 'phoned, just to enquire if there was any progress, and was given
    the "we'll get back to you" - nothing happened, so I've just phoned
    once a week since then, just asking politely if there was any progress, each
    time being told that they would check the file....
    
    Looks like they ignore claims until they decide that you might start making
    a bit more fuss!
    
    Elaine

    I was once told by someone who's father ran an insurance company that 
    insurance companies (stitch-up merchants) deliberately delay any form
    of payment as long as they reasonably (or unreasonably) can. 
    
    They earn a large amount of money on the interest doing this. Just to
    add to the obscene profits they already make !
    
    Best thing to do is to phone them *every* day first thing in the 
    morning until something happens.
    
    
    Jerome the insurance company hater!

    ...or our customers waiting 120 days to pay us for equipment
    
    Paul

    
    Or us (people, not Digital) not paying a bill until we get the red
    reminder?
    
    Mark

    
    
    
    	Or waiting over a year for DIGITAL to pay its bills !!!
    
    
    
    	Tim.