My car was damaged in an airport car park - is the car park operator responsible?
I recently returned from a holiday and had left my vehicle in an airport car park. The procedure was to park the car in a bay and hand in the keys to reception for them to take the car and park it in a secure location, and then bring the car to the collection spaces on my return. The due date of the flight was cancelled due to the ash clouds. I called the car park and advised them of my delay and so they were informed. On my return we loaded the car and I noticed the side of the car was marked. I reported the incident, the receptionist took photos and asked me to sign a report outlining the incident. On closer inspection the car is not dented, but the scratch is deep and has gone through to the primer, so I can't just polish this out, it needs to be repainted on two panels.
I have made contact with them and they advised that they will not take any responsibility. I have asked for their procedure and proof why they are not responsible and all they can respond with is refer to their terms and conditions. I have read their terms and conditions, which state nothing about car being dented or scratch, only mechanical breakdown. I am at a dead end as to what to do next without taking legal action.
I have made contact with them and they advised that they will not take any responsibility. I have asked for their procedure and proof why they are not responsible and all they can respond with is refer to their terms and conditions. I have read their terms and conditions, which state nothing about car being dented or scratch, only mechanical breakdown. I am at a dead end as to what to do next without taking legal action.
Asked on 16 August 2010 by gecco72
Answered by
Lucy
The company's terms and conditions may apply but common law would supersede them, so if they were responsible for damage to your vehicle then you would have a claim against them in any event. The problem you have is to show that the damage resulted from their negligence and not that of a third party - such as another customer.
It would be up to you to make a claim in the small claims court and show that the damage was pre-existing and that it could not have been caused by another customer - ie it resulted from the negligence of the parking company or one of their employees. Whether this is worthwhile depends on the costs of repair and whether you believe you can win or not. Damage caused in car parks is never easy.
You could start by asking them for CCTV footage - which may make them uneasy - and ask for a contribution to the repair on a "no admittance of fault" basis, but they may well decide to fight you and it is not one I would recommend taking much financial risk on.
It would be up to you to make a claim in the small claims court and show that the damage was pre-existing and that it could not have been caused by another customer - ie it resulted from the negligence of the parking company or one of their employees. Whether this is worthwhile depends on the costs of repair and whether you believe you can win or not. Damage caused in car parks is never easy.
You could start by asking them for CCTV footage - which may make them uneasy - and ask for a contribution to the repair on a "no admittance of fault" basis, but they may well decide to fight you and it is not one I would recommend taking much financial risk on.
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