This is Z related so hopefully I've posted in the right section.
I figured there may be some experience of this sort of situation or a lawyer among us, :wink:
Last October the landscaping crew were tidying up our close. Strimming was one part of the operation.
In short 'an operative' strimmed a load of stones, dirt, weeds etc all over a line of cars, the Z being one of the cars.
Pics below show the car parked and the raised ground area where the strimming took place. I was indoors when I heard the strimmer and rushed out to see where they were working but he'd alread done the damage. The Z boot lid got a peppering and a couple of proper chips and scratches.
The operative confessed he'd 'zoned out' and was not concentrating at the time and I have this in writing (email) from the area manager of the property maintenance firm after he'd spoken with the operative.
Ok, so here it is. Lot's of emails back and forth to company. In short, they sent a guy out to inspect the damage.
The company, though (not accepting responsablity outright) agreed to pay for repairs (respraying boot lid) I got 3 quotes and they agreed to pay the cheapest at £994. I agreed to this so I think in 'law speak' the 'without prejudice' becomes 'with prejudice' at that point??
This was last october. I told them back then that the car was not going to be free to go to the garage until May 2019 due to my uni studies.
They were ok with this.
I have now decided to sell the car and buy another 3.0 zed.
The prospective buyer wants to buy the car doesn't want the repairs done becuase he's going to spray the whole car and he's offering a lower price due to the damage. He is in fact wanting the car minus the re-spray quote of £994.
I've told the company this and asked for compensation in a cash payment due to the losses on the asking price.
They've said it's company policy not to pay out cash payment and only pay out for repairs.
HERE'S MY QUESTION:
Would I be entitled or within my rights to get a cash payment from them due to these change in circumstances?
If this is the case I'm considering small claims court.
I have lots of pics including the companies van parked up at the time of the incident. And over the complete email conversation.
Without actually admintting liability the emails read quite clearly that the operative admitted he'd zoned out/wasn't thinking.
I'm trying to gauge my chances in a court???
Any thoughts or insights would be greatly appreciated.
I figured there may be some experience of this sort of situation or a lawyer among us, :wink:
Last October the landscaping crew were tidying up our close. Strimming was one part of the operation.
In short 'an operative' strimmed a load of stones, dirt, weeds etc all over a line of cars, the Z being one of the cars.
Pics below show the car parked and the raised ground area where the strimming took place. I was indoors when I heard the strimmer and rushed out to see where they were working but he'd alread done the damage. The Z boot lid got a peppering and a couple of proper chips and scratches.
The operative confessed he'd 'zoned out' and was not concentrating at the time and I have this in writing (email) from the area manager of the property maintenance firm after he'd spoken with the operative.
Ok, so here it is. Lot's of emails back and forth to company. In short, they sent a guy out to inspect the damage.
The company, though (not accepting responsablity outright) agreed to pay for repairs (respraying boot lid) I got 3 quotes and they agreed to pay the cheapest at £994. I agreed to this so I think in 'law speak' the 'without prejudice' becomes 'with prejudice' at that point??
This was last october. I told them back then that the car was not going to be free to go to the garage until May 2019 due to my uni studies.
They were ok with this.
I have now decided to sell the car and buy another 3.0 zed.
The prospective buyer wants to buy the car doesn't want the repairs done becuase he's going to spray the whole car and he's offering a lower price due to the damage. He is in fact wanting the car minus the re-spray quote of £994.
I've told the company this and asked for compensation in a cash payment due to the losses on the asking price.
They've said it's company policy not to pay out cash payment and only pay out for repairs.
HERE'S MY QUESTION:
Would I be entitled or within my rights to get a cash payment from them due to these change in circumstances?
If this is the case I'm considering small claims court.
I have lots of pics including the companies van parked up at the time of the incident. And over the complete email conversation.
Without actually admintting liability the emails read quite clearly that the operative admitted he'd zoned out/wasn't thinking.
I'm trying to gauge my chances in a court???
Any thoughts or insights would be greatly appreciated.