Bumper torn off at BMW

T

th30d0r3

Member
 Uxbridge
Gutted :cry:

Went to Berry Heathrow, to pick up a new rear spring and the lady at reception said to me "drive down the end into the car park onthe left is where parts is" So I did that, waited for the mini to come out the gates and drove in immediately after it, took my time since it'sa busy car park.

Barrier came up under my front bumper and tore it off...

There are no sensors that say there is a car over it, unless my wheels are either on it or past it.
Front Z4M bumper
Both Z4M Pork Chops
Undertray
Wheel arch liners
NS washerjet

All wrecked, total £898 in parts; they said it's my fault coz the light was red and I shouldn't be going in there. I said the light wasn't on when I pulled in and the barrier was down, 5 seconds later it pops up while I'm crawling in. Apparently it's happened loads of times; didn't even know there was a barrier there since it was down, there's no signs, no warnings, the receptionist told me to go in there.

Any suggestions guys?
 
I'd go down again and take pics and a video of the barrier working. It should really have sensors you could go through on the green light, stall or have to stop and it raise on you. Put everything in a letter and send it to BMW. Then if no luck maybe look at small claims. I think the light being on red will be your word against there's (unless they have cctv) but I would try to say its unsafe either way.
 
adam04 said:
. I think the light being on red will be your word against there's (unless they have cctv) but I would try to say its unsafe either way.
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Unfortunately, it is doing the job it is designed to do, by preventing access from the wrong direction. As the OP said the sensors are just after the barrier, ie: on the correct approach side. These sensors will detect cars travelling through/stopping/stalling but only from the correct approach side.

Barrier is not at fault or unsafe, but you could get compensation for inadequate or no warning signs, and the possible instruction of the receptionist, though I would be surprised if they didn't deny that.
 
Mate gutted for you... :thumbsdown:

Go back take pics and get the receptionist to put her word in writting if you can. The fact that it's happened so many time shows that it's a hazard.

Could it be a hazard if say a child were to be standing around there?

If you did go through a small claims how much would it cost if you lost? Any ideas anyone?
 
Hi,
Use money claim online, it is the small claims court.

https://www.moneyclaim.gov.uk/

I think it will cost you about £50.

You can submit your claim and it goes into the court system. BMW will be notified and if they don't respond then the court makes a judgement. If the contest you may have to go to court once it goes through the process.
 
VERY tricky one. In the first instance, its a barrier designed to stop exactly what you're doing - you see them at a lot of dealerships, and if you had to 'nip in quickly' it suggests you knew what it was for (a bit like those people that try to beat the bollards in Manchester).

Of course, on the other side, you have incorrect advice from a member of staff and a possible lack of warning signs. The difficulty will be proving that and apportioning blame; are there any witnesses? Is the barrier marked?

indez4cpe said:
You can submit your claim and it goes into the court system. BMW will be notified and if they don't respond then the court makes a judgement. If the contest you may have to go to court once it goes through the process.
Click to expand...

Bare in mind it is the dealer you would attempt to claim from, NOT BMW. BMW GB are not liable, apart from Park Lane each dealership is an independent franchise licensed to operate by BMW GB and will be an independent limited company. The dealership is unlikely to just roll over on the basis of an online money claim submission and it would go to arbitration / court, thus court fees, legal fees etc
 
mikedav said:
VERY tricky one. In the first instance, its a barrier designed to stop exactly what you're doing - you see them at a lot of dealerships, and if you had to 'nip in quickly' it suggests you knew what it was for (a bit like those people that try to beat the bollards in Manchester).

Of course, on the other side, you have incorrect advice from a member of staff and a possible lack of warning signs. The difficulty will be proving that and apportioning blame; are there any witnesses? Is the barrier marked?

indez4cpe said:
You can submit your claim and it goes into the court system. BMW will be notified and if they don't respond then the court makes a judgement. If the contest you may have to go to court once it goes through the process.
Click to expand...

Bare in mind it is the dealer you would attempt to claim from, NOT BMW. BMW GB are not liable, apart from Park Lane each dealership is an independent franchise licensed to operate by BMW GB and will be an independent limited company. The dealership is unlikely to just roll over on the basis of an online money claim submission and it would go to arbitration / court, thus court fees, legal fees etc
Click to expand...

Agree that it is the franchise. Any solicitors here that can provide an estimate of overall cost if it went to court?
 
It is a small claim so in any event your costs above circa £80ish are not going to be recoverable.

That is to say any Solicitor you use, will charge you. The costs will come out of your pocket even if you win.

To answer your question depends how much work is required but I would assume somewhere in the region of £1000 which should cover any Court attendance and that is a cheap guess. As a gauge, my hourly rate is £148 plus vat. As I have said, anything over and above £80 will not be recoverable even it you win.

If you do not intend to deal with this matter yourself I am sorry to say it will cost you one way or another.

My advice would be to take pictures and video of the barrier in operation and after having done so should you feel it is indeed problematic then approach the dealer principal and ask for the repair to be carried out. In the event you are unsuccessful on this route, issue the small claim and see how you get on. Without seeing the barrier in operation I cannot give any further assistance.
 
I'm gonna contact the safety barrier legilation people and find out what legistlation protect me in this circumstance.

Sorry I'm very drunk now so that moght now make sense.
 
To add to that Iwill film the barrier in operation and post it online so you can see the timings that are in effect.

You will also see the lack of safety warnings of it's presence that I'm pretty sure legilation requires to be present.
 
This might help...

http://www.dft.gov.uk/adobepdf/165240/244921/244924/TAL_4-97

http://www.legislation.gov.uk/ukpga/1984/27/part/VII
 
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