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ACCIDENT IN SUPERMARKET CAR PARK

 
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sprat



Joined: 25 Apr 2007
Posts: 5
Location: darlington

PostPosted: Tue May 15, 2007 6:17 pm    Post subject: ACCIDENT IN SUPERMARKET CAR PARK Reply with quote

I'm just after some advice please...

My local supermarket has recently undergone some extensive refurbishment which included a new car park layout and resurfacing. On a recent visit, I parked in a "mother and toddler" space as I was with my young son.

On driving into the space I drove straight through a large pot hole (in the so called new resurfacing!!) and also noticed that the space was somewhat narrower than the other mother and toddler spaces.

On reversing out of the space, and trying to avoid driving through the same pot hole I caught my driver side wing on a black post which was standing on the corner of the space. As it was an extremely wet and dark afternoon, I didn't actually see the post. It was black with a white stripe around the top.

As my son was hysterical, I pulled into another space, took some photos with my phone, and drove home to immediately put the incident in writing.

A few days later I noticed that the post had been cut down and the hole had been filled.

I have recently received a letter from the supermarket head office explaining that as I hit a stationary object, I was in control of the car, and therefore they are taking no responsibility.

Surely by the fact that they cut the post and filled the hole, they've admitted some responsibility??? Is there anyway I can take this further? The hole was their responsibility and shouldn't have been there seeing as it had only just been resurfaced, and surely the posts should be more visible and not black? Even advertising a narrow space as a mother and toddler space is wrong?

I would be grateful for any advice, apologies for the length, but thank you for taking the time to read the post.

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AlanE
Moderator


Joined: 29 Jun 2003
Posts: 1084
Location: Colchester Essex

PostPosted: Thu Jun 14, 2007 5:48 pm    Post subject: Reply with quote

I don't think you would have any hope of claiming against anyone.

The problem is the post was fixed and stationary whilst you was the one moving and hence if there was to be any case of negligence it would land in your lap - sorry.

Unfortunatly at the end of the day if you failed to observe anything around your moving vehicle then you are guilty of driving without due care and attention!

Harsh words probably but I think that is how any court of law would view it.
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