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Be careful where you park...

Community Veteran
Posts: 1,770
Thanks: 33
Fixes: 1
Registered: 08-10-2010

Be careful where you park...

A friend of mine took his toddler to a birthday party at a local leisure centre. Parked his car in the car park, in a marked parking space and went in. There was a cricket match going on in the field.
When he came out he found his windscreen had been smashed. The cricket match was still going on, but no note on screen and no one came over to tell them what happened.
They approached the nearest fielder who said "yes, it was broken by a cricket ball".
The upshot of this is that the leisure centre day it is between the motorist and the person who broke it.
The chairman of the cricket team admits it was broken by one of his members but that there is a sign saying that by posting you take full responsibility. He refuses to have any more too say about it.
So my friend has bitter to buy a new screen, out at least pay the £60 excess. He didn't get any sort of apology for the damage or inconvenience caused.
So a timely reminder - be careful where you park!
7 REPLIES
Community Veteran
Posts: 5,338
Thanks: 608
Registered: 23-09-2010

Re: Be careful where you park...

Of course it would be wrong of me to suggest that he could try playing with a cricket ball in the same car park near the chairman of the cricket teams car.
itsme
Grafter
Posts: 5,924
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Registered: 07-04-2007

Re: Be careful where you park...

The sign does not dissolved the club from being responsible to damage cause by them only from damage cause by other users of the carpark.
Community Veteran
Posts: 7,912
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Registered: 02-08-2007

Re: Be careful where you park...

I wonder how much weight a sign has from a legal point of view if it says they don't take responsibility ? Even though they admit to doing the damage.
I Know a couple of people who live near a golf course and have ended up with smashed roof tiles or windows and the golf club has always paid to repair the damage, I know this is not the same thing as the situation described in the original post but it would be interesting if it was put to the test.
Taken to the extreme could I put barbed wire around the top of my fence and then put a notice up to say I did not accept responsibility   if anyone climbed over the fence ? Guess we all know the answer to that.
Community Veteran
Posts: 3,826
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Registered: 24-09-2008

Re: Be careful where you park...

@itsme is correct
Ask you friend to write to the cricket club explaining the circumstances. State that he wishes to claim on their insurance and could they provide him with details of their insurance policy.
In the case of Miller -v- Jackson in 1977 when cricket balls exited the  ground, the court found that the defendants were negligent in not having taken steps to prevent this.
Community Veteran
Posts: 18,545
Thanks: 191
Registered: 12-08-2007

Re: Be careful where you park...

I agree with journeys, ask the cricket club to provide their insurance details. If they refuse go to the Small Claims Court.
itsme
Grafter
Posts: 5,924
Thanks: 1
Registered: 07-04-2007

Re: Be careful where you park...

I would also get the HSE involved as the force needed to break a windscreen would do serious  damage to someone head
Community Veteran
Posts: 5,321
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Registered: 21-03-2011

Re: Be careful where you park...

We have a similar  situation with footballs from the adjacent football club. Their committee have arranged netting to stop balls getting through, but some of the players still manage to bypass those precautions. After each major match a guy will turn up to collect any balls they are aware of having landed in our garden. At £50 a ball it is worthwhile to them, but they have to be quick because our German Shepherd dog loves to chase and puncture the balls.
Now Zen, but a +Net residue.