Broken garden pillar

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  • Broken garden pillar

    Hi, our T ordered a takeaway and the delivery driver reversed into a garden pillar, causing it to collapse.

    Our T have had 6 months to organise the repair, but nothing yet.

    They leave in 5 weeks and I want this repaired. I have written to the restaurant in question, and if I hear nothing back, how liable would our Ts be? As they invited the delivery driver onto their premises, does the buck stop with them? Thanks.

  • #2
    Neither party budging, who is liable? Any advice greatly appreciate, thanks.

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    • #3
      Originally posted by vegasgo View Post
      Neither party budging, who is liable? Any advice greatly appreciate, thanks.
      The cost of repairs should be claimed from the delivery driver's car insurance. Organise the repair yourself and send the food outlet the bill. I know this because I once reversed into my childminder's wall and the cost of the repairs was claimed from my car insurance

      Kaya

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      • #4
        Er, what is a garden pillar?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          Originally posted by jeffrey View Post
          Er, what is a garden pillar?
          's obvious, innit? One of those green and black striped furry wriggly things

          (Bit like Jeffrey on camouflage drill!)
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          • #6
            That's a cat or pillar, I agree, but it's hard for a delivery driver to reverse into or to make collapse.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              That's a cat or pillar, I agree, but it's hard for a delivery driver to reverse into or to make collapse.
              A cat on a pillar. One of those stone lion jobbies?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              • #8
                The pillar in question is brick built, 4ft high, and sits between one side of our drive and the pavement.

                Thing is, this happened last November. I would have expected my T to contact said take away, request car insurance details of the driver, then present to us for a claim. This did not happen.

                I don't even know if the driver still works there, and if it came to reporting to the police a 'failure to stop after an accident' incident, I don't even have a car reg number.

                Is the negligence of our T then make them liable for the damage? They did not even tell us it happened.

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                • #9
                  Could your house insurers help?

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                  • #10
                    For a couple of quid, you could improve your DIY portfolio and build it your self. Surely it's not more than a couple of pieces to fit together Krypton-like...

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                    • #11
                      Originally posted by Markonee1 View Post
                      For a couple of quid, you could improve your DIY portfolio and build it your self. Surely it's not more than a couple of pieces to fit together Krypton-like...
                      Good idea.

                      'A man who can't handle tools is not a man...'

                      Willy Loman ['Death of a Salesman'].

                      Learning how to bricklay has to be be more interesting and productive than engaging in circular- and ultimately futile - arguments with insurance companies, vague disorganised tenants and insolvent pizza delivery companies.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                      • #12
                        Police will not be interested and after 6 months it is not going to be easy to prove. I am afraid van reg numbers, pics of the incident, full documentary details etc would be needed for any claim to succeed.
                        Re DIY - we have got a similar problem relating to a "public service vehilce" reversing into something. Damage is so extensive (documented and admitted by driver) that repair is over £3000....
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

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                        • #13
                          I built it myself and can rebuild it, but its the principle of the matter. Insurers want £250 excess, so no go there.

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                          • #14
                            Unfortunately we can't do ours as it is a massive job and (although hubby is excellent at this kind of thing) we don't see why we should! However I don't hold out much hope 6 mths later I'm afraid.
                            Now a question arises - could the OP withhold deposit for this when tenants leave?
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

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                            • #15
                              Originally posted by islandgirl View Post
                              Unfortunately we can't do ours as it is a massive job and (although hubby is excellent at this kind of thing) we don't see why we should! However I don't hold out much hope 6 mths later I'm afraid.
                              Now a question arises - could the OP withhold deposit for this when tenants leave?
                              But it was not the tenant's fault that a delivery company accidentally demolished his LL's pillar, any more than if any other driver/vehicle legitimately on the premises were to do so. It is not an offence to order a pizza to be delivered. Why should the T be liable?

                              If OP must pursue anyone, it is surely the piazza company.
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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