Hi everyone,
I was on holiday in Brighton in September and the hotel had "pavement" parking spaces one of which my car was parked in, during the early hours of one of the days someone trashed a hotel room during which a window was smashed and the broken glass fell 2 storeys onto my car causing chips and scatches to the paintwork, there is even glass embedded in the paint, and chips to the windscreen.
The person responsible had left early that morning without me being given the opportunity to inspect the car whilst they were present, the manager gave me contact details of which every attempt to make contact was ignored.
The police were informed and today they called to give me an update which is as follows: -
They say they "telephoned" the person concerned and asked him about the smashed window (no mention of him trashing the room) he accepted that he had smashed the window but it was an accident, the police accepted that and called me to say "it's a grey area" they can't prove he did it deliberately so that's that.
The hotel have been compensated for all damage including the smashed window.
I'm now considering a Civil Court Action, would the fact that I live in Scotland and the incident happened in England be a factor?
Any thoughts would be appreciated.
Thanks
Bryan
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Following a slightly similar incident (car damaged in hotel car park) I got in touch with their insurers but my claim failed due to notices saying "No responsibilty for loss or damage etc etc" Now, was your car parked in the hotel car park, (if so they may be liable), or was it parked on a public road near the hotel, not a very strong case there against the hotel, I'd guess. Was the parking area under the control and/or ownership of the hotel - did you pay to park there? Some expert will be along soon to straighten out my thoughts! DVD - where are you? Do you have legal assistence as an extra on either your car policy or your household policy - either of those might help, or might not!
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Thanks for the reply Armitage,
The car was parked in one of the spaces directly out front of the hotel.
Also, yes we did pay the hotel for the use of the parking space.
These parking spaces are clearly marked as being hotel guests only.
Hope the additional information helps.
Thanks again
Bryan
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The problem will lie with the fact I think that it was not a material issue of the hotel. Ie bits of the hotel did not fall onto your car by themselves, nor did the hotel employees have anything to do with it,
I am no legal eagle but I suspect because the damage was directly caused by the actions of the guest, and there is sufficient evidence to say its caused by the action of the guest, then your action is against the guest,
You say the hotel were compensated? who by? If the guest paid the damage to the hotel, then ergo you get him to pay for your car as well accident or not, as payment to the hotel is an admission of liability I would have thought.
the brains will be along soon to advise.
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TourVanMan TM < Ex RF >
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and you proabably have to lodge the action in an english court.
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TourVanMan TM < Ex RF >
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You can claim online...
www.moneyclaim.gov.uk/csmco/index.jsp
via Northampton County Court.
It is so easy, write you claim as the third person and refer to the defendant as the defendant and refer to yourself as the claimant.
Structure it to state what your relationship with the defendant is (same hotel etc...)
How the defendant caused you a loss.
What you are claiming for.
Good luck.
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OK - so you paid for a service - was there any disclaimer anywhere on a sign, or brought to your attention by the hotel, that they declined resposibility for any damage, unless caused by the negligence of a hotel employee? Who paid the hotel for the repair of the damage to the room? In surance or the perpetrator?
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The individual who trashed the room admitted he had done so, including breaking the window, it was he who paid damages to the hotel prior to leaving in the morning on the day of the disturbance.
He would also admit it to the police if they ask him, which they didn't, haven't and it appears won't, there are witnesess to his admission and there is hotel ducumentaion (incident report etc) which also state this.
Thanks
Bryuan
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Any payment from the hotel would be pretty much goodwill, the civil action should be against the perpetrator.
Even if you get a criminal conviction from the Police you would still need a civil one to recoup your losses.
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Section 1 of the Criminal Damage Act 1971 states -
"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property OR BEING RECKLESS as to whether any such property would be destroyed or damaged shall be guilty of an offence. "
I would say that if a hotel room was 'trashed ' during which time a window was broken by either physical force or some object being thrown at it then there is a clear cut case of Criminal Damage as the person(s) responsible is(are) being reckless as to the consequences of their actions. We all know that If you break a window or throw something at it then there is every likelyhood that the debris or object will land somewhere at the other side.( particularly if it overlooks a public place). In your case it did - on your car!
Just because the hotel have been pacified by having their damages paid for does not mean the offence has not been committed.
Make a formal complaint of Criminal Damage to the Police. If the culprits are charged then the CPS will apply for compensation on your behalf. If the case does not go to court because the culprit is cautioned, warned or reprimanded then its a civil case but at least you have some good evidence for your case. It may be that the threat of an arrest may make the culprit a bit more forthcoming with your compensation.
Without knowing exactly what occured in the room that night it is difficult to give solid advice.
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Fullchat
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Why not just claim on your car insurance? Regardless of how the window came to be broken your car was damaged accidently. I don't see any point in making hard work of it by pursuing the matter in any other way.
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L\'escargot.
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Perhaps OP doesn't have protected NCB and/or doesn't want to claim and perhaps pay a high XS?
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Perhaps OP doesn't have protected NCB and/or doesn't want to claim and perhaps pay a high XS?
Fair comment. It's just that a lot of people don't seem to think about what the easiest solution is. They are so incensed that their first (and sometimes only) thought is how can they get revenge and make the perpetrator pay.
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L\'escargot.
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Fullchat - I agree with your analysis of the law but...
Whilst the CPS will probably apply for compensation for the loser (blr123 - and it's a technical term, rather than a comment on you personally!) there is every chance that the defendant will ask for and get time to pay and the compensation ordered may be something like £100 on damage of £1,200... not that the courts follow a percentage but it's not always the case that the compensation ordered reflects the true cost. They may only order that the insurance excess be paid, for instance, and not the increase in premium and if that happened, the insurance company would still be able to sue the defendant to recover.
If the potential defendant's details are known I would pursue him civilly in the same way as the hotel did, with the secondary possibiity of an ex gratia payment from them. As he has been able to compensate the hotel the chances are he can compensate blr123 and the fact that an offence of criminal damage to the car looks to have been committed may be a worthwhile bargaining point in any civil claim.
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