bought an awning at the end of march on ebay, put it up on over easter on our van in anglesea, got a call from the site five days later saying some body had hit the awning with his van, not much damage they said, on going over there our awning was flapping about like a kite, corner pole was bent in half, three main tensioning point seams were burst along the stiching and torn, address he left in lancaster was not his but his granddaughter who does want anything to do with it, finaly got a reply from cork in ireland saying i had paid to much for the awning and he was only prepared to pay me £100, but what i want to know is have the site any responsibiltiy in this matter and how do we go the small claims court, cheers people
As far as I know the Small Claims Court has no powers for outside the UK, so getting any money from him is out.
If you try to claim from the site the court will decide if your loss was caused by the site being negligent, if you can't prove negligence then you have no claim. Sites will usually have a "get out" disclaimer as well saying they are not responsible for any loss.
Were you insured? If so that is the way to go, they will pay you out, and try to recover their insured loss. The only problem there is your excess.
Good Luck
Paul
------------- "Whether you think you can, or think you can't... You're right"
Bluebri,hi,i am having the same problem,its going to court soon i hope.this is last september.a guy reversed into me when i was not in the car,it was parked at the front of the caravan.we had both seen him do it,this he denied .we called the police and because it was on private land ie.CClub,CCClub ect.they could not book him.the club wardens refused to be involved.it was a camper van that hit us.he would not give any details,more details when i can.but i will not hold my breath at getting my money back.so if your on a club site watch out,dont leave your car where someone can hit it.
Post last edited on 24/05/2006 22:55:06
------------- the only silly question is the one you do not ask.
If your car is insured then it's insured, if your on private land or not. Speak to your insurance company and if you have the campervans number plate go back to the police and report him first for the accident and secondly for failing to give insurance details after an accident.
yes i did,thats why i called the police ,because he would give no details.this makes no difference,there hands are tied on private land if no one was hurt.not only do i have photos of his van and number plate, i also have video footage as well of his camper.my insurance have repaired my car and the money i am out of pocket is £220 EX that i had to pay when i picked up my car from the repair shop.
Post last edited on 24/05/2006 22:19:56
------------- the only silly question is the one you do not ask.
As you appear to have suffered loss as a result of this person's carelessness you can claim damages against him.
However you would have to make the claim yourself or through a Solicitor that you pay. Unless you can find a Solicitor to work on a no win no fee basis you would have to put up even more money.
Most Solicitors will give an initial free consultation.
You should also be able to obtain the other drivers details from the Police or the DVLA. That will enable you to write to him setting out your claim against him and what you would like him to do. If you present your case well he will then see he has a choice of either paying your quite modest damages or risk court action with resultant costs.
Another hazard is the possibility he is a man of straw and has no assets from which to pay you.
However you would have to make the claim yourself or through a Solicitor that you pay. Unless you can find a Solicitor to work on a no win no fee basis you would have to put up even more money
thanks,because i pay for legal expenses on my policy,my insurance have employed a solicitor on my behalf at no expense to me.it is they who will claims all the money back for my insurance co.and myself.
------------- the only silly question is the one you do not ask.
According to the DVLA, they will give you the other drivers details if you have his registration number, if you have reasonable cause to ask for them and in my book you do.
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Topic: legal advice please
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