Q. Our brand new car was damaged by an airport parking service but the company won’t pay up. What can we do?
A. Any contract for a service includes an implied term that the service must be carried out with reasonable care and skill. Where this has not been the case, there are remedies.
In this instance, the best remedy will be compensation (“damages”) to cover the cost of repair. Damages can be pursued in the small claims court (gov.uk has more details).
A receipt or invoice will establish there was a contract. But was it the company that caused the damage? This can be evidenced by providing a witness statement.
Supporting documents may help, such as paperwork showing you had bought the car shortly before going away.
Nick Freeman is a solicitor who runs a legal practice in Manchester specialising in road traffic law — read more from Nick here.
GOT A PROBLEM?
Email your question to email@example.com or write to Car Clinic, Driving, The Sunday Times, 1 London Bridge Street, London, SE1 9GF, with a daytime phone number, your address and as much detail about your car as possible. We can’t reply in person, so don’t send original documents or SAEs. Advice is given without legal responsibility.