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Legal question... Pushing my luck?

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  • Legal question... Pushing my luck?

    Ok, I know this is a long shot and I'm being rather cheeky but if you don't ask you don't get...?

    I went to a local car club / "cruisers" meet the other night. It's usually in an open multistory carpark in Stockport, however last night the entrance gate was closed but the exit wasn't. It had spike strips set up, but only half of them were up, the other half were down.

    I had already been in and out once without any problem however on my way back in i caught the last spike with the sidewall of my tyre, causing it to puncture.

    Now where do I stand legally with this. Could I ask the council to pay for the damage caused to my tyre as it was on their property?

    I know if someone came onto my property, lawfully or unlawfully I owe them a duty of care. Ie I can't errect spike strips on my garden wall / set up traps to keep them out incase I cause injury to the person / their property. If i was to cause injury then I would be responsible. Would the same laws apply?

    There were no "No Trespassing" signs up or nothing to state that the council would not be responsible for any damage to my vehicle at the entrance.

    Am I pushing my luck, or is it worth being a little cheeky and trying?

  • #2
    Pushing your luck trying that one I think

    Astra

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    • #3
      more chance of platting fog

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      • #4
        lol if you sent a letter to them i think they would just bin it

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        • #5
          Just say you were leaving miss judged the angle and reversed back a bit to straighten up

          Independent bespoke mapping available see my Facebook or find me at WG Motorworks

          Clique #14

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          • #6
            Originally posted by R i c h a r d View Post
            Just say you were leaving miss judged the angle and reversed back a bit to straighten up

            "What time and date sir?" CCTV

            Astra

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            • #7
              Originally posted by R i c h a r d View Post
              Just say you were leaving miss judged the angle and reversed back a bit to straighten up
              Fraud!!

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              • #8
                any CCTV ???

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                • #9
                  Their care of duty will be the no entry signs and the fact these spikes are very evident on approach.

                  Save your time mate, I dont think you will get anywhere to be honest.

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                  • #10
                    Yip mate pushing your luck. This is my line of work and the duty would lie with you to prove that the council were at fault if you were seeking compensation and since you tried to go into the car-park threw a no-entry sign its tough luck im afraid

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                    • #11
                      It's all down to warning signs buddy. At no point have you stated no entry signs were showing, nor have you said a warning for spike sign was present. If they were you have no chance at all, if it was'nt shown then you need to check for CCTV as the images will show you coming in twice, meaning you acept that the way in was the way out and should have observed that on the way out as your wheel went over the strip. Remember that a carpark is private land, and signs must be showing at all times. If no signs and no cctv, then go back, take pictures of the area in question, inform the owner/management company for the car park and inform them you wish to make a claim against them as you entered the carpark (not knowing which way you were ment to go) looking for your DOG!!!!!! which is what you were doing were you not?
                      sigpic

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                      • #12
                        Originally posted by Eamonn View Post
                        It's all down to warning signs buddy. At no point have you stated no entry signs were showing, nor have you said a warning for spike sign was present. If they were you have no chance at all, if it was'nt shown then you need to check for CCTV as the images will show you coming in twice, meaning you acept that the way in was the way out and should have observed that on the way out as your wheel went over the strip. Remember that a carpark is private land, and signs must be showing at all times. If no signs and no cctv, then go back, take pictures of the area in question, inform the owner/management company for the car park and inform them you wish to make a claim against them as you entered the carpark (not knowing which way you were ment to go) looking for your DOG!!!!!! which is what you were doing were you not?
                        Well... the women at these things usually are dog rough...

                        I've not actually checked for signs. I was up there tonight and the gate was open.

                        Its open sun to thurs, closed fri and sat.

                        Ill go have a luck. I know it's pushing my luck and its my own fault, but these 18" tyres are expensive

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                        • #13
                          Have you replaced it yet, if not we have not long bought 4 x conti's 2 from Matty of this site with a discount, nobody and i mean nobody could touch him on cost, espically the conti 2 as they are getting harder and harder to get hold off
                          sigpic

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                          • #14
                            Well you obviously knew which was the entrance and which was the exit. You have approached the entrance and could see that it was closed however have used the exit to gain entry which you would not normally do.

                            You have also seen the spike strips and are aware that these are to stop people from gaining entry through the exit however although one of the strips was down a 'reasonable' assuption would be that the car park is closed.

                            Again, as stated above warning signs also play a factor but it would be based on what a 'reasonable' member of the public would imply by the cloased entrance gate and raised exit spikes.

                            IMO you dont stand a chance. If you were to push the issue the council could persue you for civil tresspass of the car park especially if you have been using it for meets when closed and without authority and especially if this is caught on CCTV.

                            IMO cut you losses and dont go there again.

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                            • #15
                              Originally posted by Jay 1983 View Post
                              Well you obviously knew which was the entrance and which was the exit. You have approached the entrance and could see that it was closed however have used the exit to gain entry which you would not normally do.

                              You have also seen the spike strips and are aware that these are to stop people from gaining entry through the exit however although one of the strips was down a 'reasonable' assuption would be that the car park is closed.

                              Again, as stated above warning signs also play a factor but it would be based on what a 'reasonable' member of the public would imply by the cloased entrance gate and raised exit spikes.

                              IMO you dont stand a chance. If you were to push the issue the council could persue you for civil tresspass of the car park especially if you have been using it for meets when closed and without authority and especially if this is caught on CCTV.

                              IMO cut you losses and dont go there again.
                              We've actually been told that we can go on there by security at the site as there has been some issues there (people setting the ticket machines on fire to get the money etc) but we "informed" them who the people were who were doing it. The gate was closed the other week but spikes left down for us.

                              I knew it would be a long shot, jsut dont like paying for new tyres

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