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

[WorcsWuss]

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?

 

I think he's already had his screen replaced, it's not the sort of thing that can be left for long!

 

As I understand it, Simon's car was parked on his land near where the council were strimming. A stone flicked up and smashed the glass. They admitted they did it but did not admit liability. The windscreen has been replaced under car insurance. This cost £65 excess.

 

SO, all that need happen now is that whichever prat at the council offices - sorry, prats - think that they can fob everyone off with flannel believing us all to be as incompetent as they are, who claim it's not their fault because they followed some rules, to be made an example of, the excess be refunded and a fairly damming article to appear in the local and national press highlghting the incompetence, lack of common sense and accountability, not to mention dangerous bureaucracy blindness among local authority management and everyone's happy.

 

Or that's what I'd aim for anyway....

[TRADITIONAL LOGGERS]

I would write a polite letter with an Invoice to the head of the council pointing out the damage and with pictures. Include that council staff should not be operating within 10 metres of property that could be damaged and check the equipment was with the correct guards and maintenance schedules. (mention HSE breaches/Public Risks) Make an FOI at the same time on how many times damage has been reported to them in different cases and if it paid out or their insurance.

 

Tell them five working days to settle and if not small claims court. Suggest to avoid future problems it needs to erect a tall wooden fence along the council boundaries.

 

A telephone call to the local newspaper works well.

 

I am as careful as possible but broke a greenhouse window once. Owned up and fixed the glass. (Still have them as good customers)

 

Councils are nightmares to deal with.

[Pedroski]

Re-read the posts..... the £65 is the costs for the small claims (county) court.

A costing for the excess has not been mentioned, nor has he indicated if he has actually claimed on his windscreen policy!

 

My advice would be DO NOT claim on a windscreen policy, as it pushes your insurance up the year after! I know its not supposed to affect your insurance, but believe me it does! You are seen as a "higher risk" to the insurance company and they spank you for it. I proved this just two wks ago when I came to insure my new truck- when I mentioned that I had a windscreen claim, my policy jumped up by over £100!

 

All that besides..... Its the principle involved... weather its £500, £65 or 65p, they should be held to account!

 

HAHA Mobile-sawman.... post number 7

"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?"

 

EXCESS FOR WINDSCREEN COVER £65.

 

The later post was questioning whether it's worth going to small claims court for £65..... not that it costs £65. The fee in the small claims court depends on the amount being claimed. For a claim of up to £300 the fee is £30 (or £25 on-line), and the cost is recovered from the defendant if of the case is ruled in favour of the plaintiff.

 

Apologies gratefully accepted

[Jesse]

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?

 

Go to your next parish/council meeting and vioce your complaint, it will work.

[Dean Lofthouse]

If the council operatives didn't work within 10m of property that can be damaged they would not be able to do their job.

How would you strim motorway verges , shut the whole motorway?

 

 

Sent from my iPhone cos it was

[WorcsWuss]

If the council operatives didn't work within 10m of property that can be damaged they would not be able to do their job.

How would you strim motorway verges , shut the whole motorway?

 

 

Sent from my iPhone cos it was

 

I don't think anyone's saying that they shouldn't carry out their work, but, like the rest of us, if something gets damaged they just need to own up and put it right. We pay for this work to be done, they do it, but accidents do happen, it's no problem really!

 

Or maybe they know that just as when some idiot trips over their own feet and sues them for wobbly slabs, they're bound to get sued for this eventually so why take responsibility for it themselves now, when they can just keep their head down and let the LA's solicitors sort it out without them having to own up to their incompetence?

Afterall, it's not their money that gets spent, so why admit they personally made a mistake for £65 of our money when they can get off scot free for a few thousand....? Or am I being all cynical and private sector about this....?! BUT DON'T START THAT AGAIN!

[Dean Lofthouse]

It's a public job that needs doing for the public. If the public are happy to pay extra tax for these claims for damage to property in the undertaking of that job, that job being one that is impossible to reasonably carry out without causing damage at some point then, then there's no problem is there?

 

 

Sent from my iPhone cos it was

[Old WoodChip]

I had a stone come at my windscreen from a tractor cutting the verge, it was very early in the morning with no guards on, they thought no one would be about!!

rang the council they said it was the contractors responsibility so we said they were having the work done on their verge & we would take legal advise.

Ten mins later the contractors rang us to say take the van to that big windscreen replacment firm :-) we did & had it done within a couple of hours.

Great to have a new screen the wipers worked much better on new glass.

Dont let them fob you off, they are responsible but will give you the run around if they can get away with it. as if you need hassle

[WorcsWuss]

If my car was parked on my drive and my neighbour's kids were playing cricket and smashed a window in my car, I don't think it would be unreasonable to expect them to pay for the damage, it would have been an accident, but they would still be responsible for the damage. This is no different.

Claiming it's not their fault because 'these things happen' is fine, but they should pay for the damage, and I'm pretty sure a court will say the same. What's a shame is that it WILL get that far because no one in the public sector would risk putting their head above the parapet and saying 'actually yes, that was my fault, sorry..' and let it get sorted out. And it's been made worse by ambulance chasers persuading every pillock who can't read / walk / think to exercise their 'right to compensation' when they make a mistake.

If I dropped a tree on someone's car I wouldn't say 'yeah, sorry mate, but I followed the guidelines in the handbook for the saw so it's not my fault, I'm afraid you're on your own buddy....' That would just be ridiculous.

 

Sorry, I've been to a County Hall this afternoon to look at some work, I find it hard to bite my tongue when they whinge to me about how bad all these cuts are, then tell me that we can't allow a cost saving to use the welfare facilities already on site and must provide separate kit....

[Simonsnr]

Hi all, and once again, thanks for all your replies.

 

I already wrote this all once, and for some bloody reason I lost it all when i pressed the post button grrrr, so will skip over it again briefly.

 

Phoned Thurrock councils insurance department again today, explained about the safe working area for strimmers, and they still totally deny liability (I was on the phone for about 15 minutes explaining risk assessments etc, and that even if they DID follow HSE guidelines they still caused damage, and that I am entitled to the money I paid back, and that they need to change their policys........, and all she could answer with was they were not liable as they were not negligent...blah di blah) I had real trouble keeping my cool, but am pleased to say I did.

 

Spoke to their insurers, explaining that they WERE negligent as they didn't follow the safe working area of 15M that it states in the hand book, and they promised me they will take a look at the hand book and get back to me, but of course, it was explained to me AGAIN, that I will only get my money back 'IF' Thurrock council are deemed negligent because that is what they are insured for (IE public liability)

 

I also spoke to a very very nice man from HSE, who is going to research the safe working practice for strimmers, on the understanding that I wish to make a complaint towards Thurrock council for their inadequate risk assessment.

 

So fingers crossed huh?

 

On a side note, does any one know why my computer won't remember my user name/pass word for this site, I have to log in every time I make a post, which is damn annoying!

 

Simon