Car damaged in apt underground car park, builders will not pay out!

C

candyman

Registered User
Messages
177
Hi,
Recently moved into my new apt in city centre. Apt has one car park spot attached. One night I parked in another spot closer to the door as i was moving stuff up. Ended up leaving the car there for a few days (car park was 3/4 empty). Long story short a pipe above my car leaked onto the front wing and bonnet and caused considerable damage to the car for which the builders refuse to pay for. Their argument is that I was illegally parked (ie not in my own spot) and as such its not their problem.

Do I have any comeback here?
 
Call the Police... i wouldn’t accept that…he is liable…same principle if the pipe fell and hurt someone…go after him!...if he claims you shouldn't have parked there, then he should have blocked off access to the space
 
DamoH said:
Call the Police... i wouldn’t accept that…he is liable…same principle if the pipe fell and hurt someone…go after him!...if he claims you shouldn't have parked there, then he should have blocked off access to the space
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i kind of agree with you damo. after i moved my car they put a small beacon on the spot as an indicator but there was nada there before i moved the car.
does anyone know any solicitors that i could chat with to see if i have a leg to stand on here? if its gonna cost me more to hire a solicitor and go to court than to fix it myself it may not be worth it...

anyone know anyone i can chat to (for free) about the legal end of this i would very much appreciate it.
 
What does it say in your lease or title about liabilites in the car park or anywhere on the property?

The leaking pipe might not necessarily be due to any negligence on the builder's part anyway - would be hard to prove I'd say.
 
builders wont budge on it. they are basically saying that I was "trespassing" in an underground car park as I wasnt in my own parking spot, I am illegally parked down there!

gangsters!!
 
I think you should get legal advise. I dont think the fact that you were not parked in your own space has anything to do with this. Couldn't someone else have been park there if you hadnt park. They should have had the space blocked off.
 
You wouldnt sleep in someone else bedroom why did park in someone elses space. You were trespassing.
What kind of damage did a leaking pipe do?
 
It doesn’t really matter if it was an accident; they are still liable for the pipe bursting. Same logic if I drive into someone.
 
Isn't it quite simple? If Candyman was explicitly told not to park in that place he has no rights.
Otherwise he deserves to be compensated, surely?
 
ludermor said:
You wouldnt sleep in someone else bedroom why did park in someone elses space. You were trespassing.
What kind of damage did a leaking pipe do?
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What if someone else was parked in your space - would you not then park in another space. How could he be trespassing when he lives there. Would that then mean on the builders way at looking at it there would then be two cars park illegally?
 
Megan said:
What if someone else was parked in your space - would you not then park in another space. How could he be trespassing when he lives there. Would that then mean on the builders way at looking at it there would then be two cars park illegally?
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Two wrongs dont make a right, you are asigned a space and if its an apartment you probably had to buy it.
As for damaged caused and responsibility by builder i dont know, how much damage could a leaking pipe have caused? could the OP tell us more
 
Surely it's covered under your own insurance's accidental damage section. I'd say that's a better way to go, although it may not be worth losing the no claims on the accidental damage portion of your policy if it costs less than 400 or so to fix.
 
the pipe leaked a lime substance onto the front wing where the passenger side front head lamp is. it has wrecked the headlamp and the surrounding paint work all of which has to be replaced.

ive bought the head lamp for €200 and have yet to get a quote for the respray job but it could be another few hundred quid easy.

i know im in the wrong (legally) to park in another space so im not sure where i can go with this...as i mentioned earlier if it costs me €500 say to fix it, I will probably chalk it down to a bad experience and try n forget it to be honest.

its been a pain in the This post will be deleted if not edited to remove bad language. just wish i had some solicitor friends i could ask about it just to be sure i aint got a leg to stand on!
 
Well there's nothing to stop you ringing up a solicitor. It sounds like you've already decided to bite the bullet on this one, which is probably a sensible decision based on the information you've posted here.
 
go for your compensation. If the legitimate owner of the space parked their car there they would be looking for compensation. If one of the owners of the space was away working and the other owner had a friend to stay who parked their car there and they went by taxi to work and the friends car got damaged, what then. The simple answer is the pipe leaked and caused damage. End of story!! What if someone was standing under the pipe and it was a hot water pipe and it leaked and badly burned the person, do you think they wouldn't get compensated because they are not a car!!! and shouldnt have been there
 
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