Petrol station owner damges car

[killer205]

Hi Guys,

 

I am new to this forum room so please bare with me,

 

in February 2013 me and my girlfriend pulled into our local petrol station

this petrol station is approx 1 mile from our house,

 

I put £4 0f fuel in the car in order to get us home but that week there had been signs put up around the petrol station stating minimum payment of £10 on a card.

 

we only have £5 in our account at the time and we explained to the assistant behind the counter that we lived down the road

we even offered to leave our mobile phone there while we went home to get the cash,

 

the assistant would not let us move of the forecourt not even to park the car down the side of the shop while we walked home,

so me and my girlfriend left the car in the forecourt locked it and walked home but before I left I took photos of the car at the pumps.

 

after about 20mins we returned back only to find that the owner of the petrol station had dragged the car across the forecourt with his 4X4,

he we very threating towards us so

 

I dialled 999 for police assistance as my car was damaged.

the police arrived and said it would have to go through the owners car insurance for the claim as it was his car that caused it.

 

he is now denying he has done anything wrong but he wont provide my insurance company with the CCTV,

I have the photos of the car at the pumps and the car after he had caused the damage my insurance company had written the car off as there was damage to the chassis.

 

my insurance company don't seem to care anymore I have made over 30 phone calls to them asking for updates

and for them to chase it up but they seem to say the same thing we are waiting for the third parties insurance company to reply.

 

now my question is can I sue the owner of the petrol station and if so what can I sue him for can I sue him for all my costs and expenses

and the fact I was with out a car for 3 months and we have no public transport nearby and we live in a rural area,

 

is there anything I can do with my insurance company as this is what I pay my insurance for in order for them to sort thing like this out.

 

 

Many thanks for you help any help would be appreciated.

[BankFodder]

Yes you can sue him for trespass to goods.

Get two quote for the damage. Send them to him and tell him that if he does not settle within 14 days that you will sue.

 

Only make this threat if you mean to go ahead

[killer205]

Yes you can sue him for trespass to goods.

Get two quote for the damage. Send them to him and tell him that if he does not settle within 14 days that you will sue.

 

Only make this threat if you mean to go ahead

 

I no longer have the car my insurance company have it but I haven't received any settlement

[stu007]

Hi

 

as for the CCTV have a look at this Government link; https://www.gov.uk/request-cctv-footage-of-yourself

 

these PDFs may be of help:

[killer205]

Hi

 

as for the CCTV have a look at this Government link;

 

these PDFs may be of help:

 

Thank you for that, if I do a request and they don't provide it what offence have they committed as I am sure they are meant to keep footage of and accidents where the police were called to.

 

Thanks

[stu007]

Hi

 

Please read the Code of Practice PDF.

 

I would advise putting your request in writing (always get proof of posting and keep a copy for your records) and await the response and if they refuse contact the information commissioners office.

 

Is the pertol station part of a chain by any chance? (if it is I would direct your letter not to the garage but directly to there Head Office).

[killer205]

its private owned

 

this is the letter I original sent the owner,

 

My REF:J1/1

4th June2013

Dear ------

I am writing with regards to the incident thathappened on your forecourt on the 12th of February 2013, where youpurposely caused damage to a parked car on your forecourt which resulted in thepolice be called to attend the scene. Wehave been in contact with your insurance company (Liverpool Victoria) wherethey have said you are denying any liability, I just want to make you awarethat I know the police attended the petrol station to view the CCTV and I havethere report.

I alsohave a number of photos dated and time stamped of the vehicle parked on yourforecourt at pump 3 with NO Damage to the vehicle and photos taken atthe scene of the accident with damage to the vehicle. From the CCTV and photos of the damage youcaused to the vehicle, this damage was intentional and therefore I hold you liablefor this.

I have spoken to your insurance companyLiverpool Victoria and I have advised them if you don’t accept liability withyour insurance company within the next 7 working days from the date of thisletter I will have no alternative but to issue county court proceedings againstyou and your company to recover my losses, solicitor costs and compensation.

If you don’t understand this letter you shouldobtain legal advice.

Regards

[killer205]

for some reason it seem to of pushed some of the words together when I copy and pasted it

[stu007]

Hi

 

Does the Police Report support your version of event?

[killer205]

yes is does support my version of events

[killer205]

just to update you,

 

I spoken to my insurance company today, they have spoken to the third parties insurance and they are now saying the owner of the petrol station no longer has the CCTV and that it has been over written but he told the police that he had backed it up for his insurance.

 

can someone tell me what the offence is of this or even if it is an offence.

 

Thank you

[sailor sam]

Personally from your account (assuming it is true), I would of regarded this as criminal damage and I would of insisted on making a complaint to the police to the effect. They would of been compelled to investigate and could of insisted on the CCTV footage. As I understand it, it is perfectly legal to provide your details (providing you can confirm them) to the garage operator in such circumstances where your card doesn't work so that you can pay within a certain time. Therefore I think the garage owner has acted unlawfully.

 

If it was me, I would be going back to the police and would be asking to make a statement.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Desperate Daniella]

I agree. I think you should report him for criminal damage. The earlier police report should back up your version of events.

 

Of course he no longer has the CCTV footage. It would back you up!

 

Your insurance company needs to toughen up on your behalf too. This claim should be passed to their legal department who should issue proceedings. I had something similar last year and the other side only admitted liability when county court proceedings were issued. By what he has done though he may well have voided his insurance. Tell your insurance company that you pay them to represent you and they have to get on with it either by getting his insurance company to meet your claim in full or by going after him directly.

[killer205]

Thank you for all your help, I sent the letter to the petrol station owner and I also give my insurance company an ear full they have requested the police reports but from what my insurance have told me there is nothing on the police report despite me calling 999 to request police backup at the scene.

 

I have filled out the money claim forums online I was just waiting till Wednesday to see if my letter has worked if not I will be issuing a money claim online for £1000, to cover my excess traveling costs and my car.

[sailor sam]

Thank you for all your help, I sent the letter to the petrol station owner and I also give my insurance company an ear full they have requested the police reports but from what my insurance have told me there is nothing on the police report despite me calling 999 to request police backup at the scene.

 

I have filled out the money claim forums online I was just waiting till Wednesday to see if my letter has worked if not I will be issuing a money claim online for £1000, to cover my excess traveling costs and my car.

 

On the 8th June you said of the report "yes is does support my version of events" so presumably you must of read it. Do you not have a copy which you could forward to your insurers? If not, why not ask for a copy from the police officer who was dealing with the incident?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[killer205]

they told me they cant release the full copy to me as it contains information that the public are not meant to see.

[sailor sam]

they told me they cant release the full copy to me as it contains information that the public are not meant to see.

 

This is now beginning to get silly.

 

So ok, just ask for a copy of the part that supports your version of events. If you have read it that cancels out the "it contains information that the public are not meant to see" bit.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[killer205]

I have written to the local police station tonight, should hopefully get a response.