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Car Park Barrier Problem

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  1. #1

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    Car Park Barrier Problem

    Hi

    My car inadvertantly rolled into a Car Park barrier at very slow speed, when I moved away the barrier was still working. But the Car Park attendent calimed damage and still called the police who said that its a private matter and should be setteled between the parties.

    Now the Car park owner is pushing to me to pay him over $11K whereas the barrier clearly said that if damaged charge would be $5K

    The Car Park owner is claiming that he had to replace the entire open/close mechanism and not just the barrier. He went ahead and got it fixed/replaced and sent me the bill.

    I oferred to settle for $5K to get him off my back; but he is now threatening legal action

    I am aware of the small claims tribunal where this may end up, but do anyone know if this effects my driving record or Police records in any possible way ? Can this any way become a police or criminal matter?

    Any advice on how to handle this matter ....

    Thanks


  2. #2

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    Sounds private to me. If you are not on a public road I doubt it would be a driving offence.

    At the end of the day, you pay what you can get away with. If there was a large sign saying "maximum damage is 5k" then surely you can use that as your defense. Or if there was a fault in the carpark that caused you to roll into the barrier you can use that. But on the whole, if it was your fault and he can prove it really cost him that much to fix .... not sure you have much leg to stand on.

    iliketurtles and dtb like this.

  3. #3

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    Stand firm with your offer of 5K and if possible get a photo of the sign showing max 5K fine. Does he have any photo / video evidence of your car damaging the barrier?


  4. #4

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    Quote Originally Posted by jmbf:
    Stand firm with your offer of 5K and if possible get a photo of the sign showing max 5K fine. Does he have any photo / video evidence of your car damaging the barrier?
    Yes there is CCTV footage of it. Am firm as of now but really don't want any legal hassles

  5. #5

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    Quote Originally Posted by HK_Katherine:
    , if it was your fault and he can prove it really cost him that much to fix .... not sure you have much leg to stand on.
    The fault is not contested; the extent of damage and repair cost is. he has already gotten it fixed/replaced from his supplier/mechanic hence I dont have any way to independently get it verified as to what really was broken i.e. is he getting the entire thing replaced when it could have been fixed for a small charge...

  6. #6

    I would call his bluff. If it was me, I wouldn't even be paying the 5k. I think you were ill advised to offer the 5k if I'm honest. If the thing did break later, how much was due to wear and tear? I would tell him to do his worst.

    JAherbert likes this.

  7. #7

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    I don't think the car park owner can arbitrarily decide how much to charge for repairs especially given that there is a sign mentioning a 5K damages fee.

    If there is CCTV footage of your car hitting the barrier then there must also be footage of the barrier continuing to work after you left. I would argue this point with the owner - if the barrier continues to work how can he absolutely prove it was your fault? I'm not sure that would hold up in a court.

    parryhotter likes this.

  8. #8

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    Dont worry, let them sue you, go back to the car park and take lots of pictures especially of the sign of the 5K fee, those fookers are trying to get you to pay for what was probably a defective gate and was probably hoping someone would do some damage to it and then they could get it fully replaced and bill the person involved.

    Stand firm like jmbf said.

    parryhotter and JAherbert like this.

  9. #9

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    Quote Originally Posted by parryhotter:
    I would call his bluff. If it was me, I wouldn't even be paying the 5k. I think you were ill advised to offer the 5k if I'm honest. If the thing did break later, how much was due to wear and tear? I would tell him to do his worst.
    I agree. Lets assume that 5K is the brand new replacement cost, that barrier could be 4 years old, and they have no right to demand a brand new barrier system if you damaged an old barrier that has been out in the weather for years, already faulty, etc. that might in reality be worth only 1K (just for example).

  10. #10

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    I think a key point is whether the OP's actions genuinely damaged the barrier or not. If it really was damaged, then a reasonable repair cost to get the barrier back into working condition is fair. However, if the car park owner is trying to use this incident as an excuse to replace an old worn out barrier then thats completely unreasonable and the OP should stick to his guns.


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