Thurrock Council broke my windscreen strimming and refuse to pay!!

[Simonsnr]

Hi all, not been on here for about three years, took me ages to 'guess' my password again

 

Ok, so get this! I came home a couple of months ago, to find the council had been striming down the side of a public foot path next to where I park my car (which is on my land) and they kindly put a stone through the rear window! The car was about three feet from where they were strimming, and in my opinion, was way too close to be strimming that near.

They admit that they caused the damage, but their insurance wont pay out because they.....get this....'were not negligent' !!!! WTF!!

I spouted health and safety, and basic risk assesment to them, and they sent a snotty letter back listing the health and saftey guidelines set out in the Sthil stimmer hand book. This states that PPE should be worn blah di blah, and 'Debris (is) cleared when possible prior to work commencing'....

So their point is that because they followed these guidlines (the hand book doesn't mention common sence, so they didn't use that) they claim they aren't in breech of health and safety and so are not liable!

 

I had a real hard time keeping my cool when I then spoke to the 'manager' of the strimming team, who happily admitted that his team broke my window, but refuses to admit that they were at fault. I asked why they didn't knock on my door to ask to get the car moved (yes, some one was in) he claimed that they 'didn't have time to go knocking on every door 'just' because a car was near to where they were working'......and 'would I preffer (in a sarcastic tone) that in future, thourrock council didn't bother strimming down the alley way'!!!

 

So 'Thurrock council' have the legal right to go around causing damage to peoples property (Over £500 worth in my case, thank god I have wind screen insurance) and as long as they 'check for debris, and claim that it was cleared before commencing work', they can damage what the hell they want it seems!

 

Any thoughts...comedy or indeed helpfull comments?

[Tom D]

Solicitor, simples.

 

They don't have a leg to stand on.

[Pedroski]

Claim on your insurance, tell your insurance company that the damage was caused by Thurrock council strimmers, who admitted it, give date and approx time, and request your insurance company seek reimbursement from the council for their costs and for your excess.

 

Then......go down to the council offices with a catapult, smash one (or several) of their windows). Make sure you are wearing protective goggles. Then, when they come out to have a go at you, just spout the warning that came with the catapult advising the proper PPE (i.e. goggles) must be worn, and point out that there is no mention of using it away from council office windows.

[skyhuck]

Solicitor, simples.

 

They don't have a leg to stand on.

 

[felixthelogchopper]

I'm sure your insurance company will be more than happy to give the council a call on your (or rather their) behalf. Following health and safety regs is not an absolution from liability

[Mark James]

Duty of care, and the never cared about your car being there. They are just hoping you go away so don't, get a solicitor to write to them then see what they say.

[Simonsnr]

......go down to the council offices with a catapult, smash one (or several) of their windows). Make sure you are wearing protective goggles. Then, when they come out to have a go at you, just spout the warning that came with the catapult advising the proper PPE (i.e. goggles) must be worn, and point out that there is no mention of using it away from council office windows.

 

Ooooo, GREAT idea, I finally have an excuse to dig out my 'bllllllllaaaaaaaack widow' from the eighties (why was it called a black widow, when it was a rusty reddish brown colour??) I'm not sure if I can call my insurance company, my excess for my windscreen cover if £65,which is all I payed, surely I can't claim that back?

 

I did phone my local paper asking if they would like to do a story on this, I was told that a 'journalist' would call me back, but never heard back, perhaps I should try again, but am a little apprensive.....they could make my life difficult?

[Lancstree]

I wonder where in their risk assessment does it mention it is safe to carry out strimming operations that close to property. If a person was walking within three feet of a strimmer in use and got injured, would they call the 'not negligent' card? Well I like to think that they would stop strimming to allow a pedestrian to pass safely and the same consideration should be given to property. I've worked with a fellow who takes the guard off the trimmer so he can get close into curbs and such like and he's lethal.

[felixthelogchopper]

Ooooo, GREAT idea, I finally have an excuse to dig out my 'bllllllllaaaaaaaack widow' from the eighties (why was it called a black widow, when it was a rusty reddish brown colour??) I'm not sure if I can call my insurance company, my excess for my windscreen cover if £65,which is all I payed, surely I can't claim that back?

 

I did phone my local paper asking if they would like to do a story on this, I was told that a 'journalist' would call me back, but never heard back, perhaps I should try again, but am a little apprensive.....they could make my life difficult?

 

Why on earth not? You are out of pocket due to their negligence.

[Mobile-sawman.]

Hi,

 

Your insurance company probably wont be interested in contacting the council as the cost of them paying out, minus your excess will probably be cheaper than instructing a solicitor. The same would apply to you (I.E the prohibative cost of legal help would cost more than the value of the claim!)

 

Your best course of action would be to write them a letter asking them to explain the reason that they are refusing to pay for the damage that they have caused (you already know this, but you want written evidence) Then, write to them stating that you intend to take action via the small claims court, and any costs, plus a reasonable amount for time off work etc will be added to the claim. ( give them 14 days to pay)

 

This normally works, as the council will not want a legal judgment against them, and the cost of defending it would be more than the cost of settling!

If they decide to take it all the way..... they wont have a leg to stand on as you have the written evidence that they admit to the damage!

 

There is no need whatsoever to pay solicitors fees for such a simple claim. The court costs would be around £40 and you claim that back anyway.

 

Also have to say.... this has nothing to do with health and safety, its negligence that resulted in damage and not injury.

 

good luck!