council smashed my van window. advice please

29
Found 31st Jul 2015
hi I brought a van 3 weeks but as I have no insurance at the moment it is in the driveway.

2 weeks ago so a week of owning the van the council cut the grass out the front of the houses. 15 minutes later if that my mother-in -law put the bin out the front ready for next day collection amd see glass on the floor when she looked up she see my rear door glass was smashed. not I know the glass was intact before this as I had not long gone to work. I have been in touch with the concil which over the last two weeks they been stringing me along and today had a letter saying they have been out to look at the grass and can see no stones and the grass slopes towards the house meaning that they would have pointed the machinery away from the house.

now just because there is no stones dosent mean that there wasnt when it happened after all it only takes one stone. and just because they point the machinery away from property dosent mean a stone or similar cant be flicked back. they said because of this they wont pay out.

where do I stand? what can I do to get a fair claim? cheapest quote I had is £205 and if it was me who smashed someones window I woupd be liable to pay out. please help

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29 Comments

You really cant prove it was them, and you cannot put your hand to your heart and 100% say it was them, they are trying to wiggle out paying you, how do they know you are telling the truth.

If you took them to the small claims court most councils would just pay up.

if it was me who smashed someones window I woupd be liable to pay out.



And the Council are thinking the exact same thing.. If you can prove they did it, then they'd probably pay.

But you don't know they did it, and they say they didn't do it, so suck it up and move on..

Bought*

You didn't actually see them do it though? You are assuming, which stands you no where, pay up and move on.

I think all the above cover it. No proof, no claim. Is there CCTV in area maybe??? Or maybe the Google van was going by??

That's really bad luck for you, but you have already pointed out that you are not sure if the glass was intact before your mother-in-law noticed the smashed glass.

Just because the council had been cutting the grass, you cannot immediately put the blame on them. But look at it objectively, how comes this isn't the act of children doing bad things?

How big is/was the hole in your window?

Was there glass inside your van? If so, then something went through the glass and should be in the van!

Was glass only outside? If so, then something inside hit the glass.

It is very hard to smash car/van windows and doing so to the point where there is glass on the floor will lead to either of the above suggestions. If you get a piece of glass exactly the same as your van window and try reproduce the result simply by throwing a stone at the distance you think the grass cutting machinery did, it will either break and go through it or crack the glass.

Also what machinery were they using tho cut the grass, a lot of mowers have precautions to prevent stones from being propelled, not to say it cant happen, but unlikely in any case.

Like I said, it bad luck but you cannot prove that it was the council that broke your window, it is an unlucky conincidence and on this occasion, you will have to chalk this upto one of those things that cant be blamed and you have to pay for that.

When council lawnmower man smashed my rear window with a stone from grass he rang the bell and said the insurance would sort it

Original Poster

there was nothing in the van to fall over to smash the glass. the glass was mainly outside on the floor and no stones or anything inside.

reason I believe it to be the grass maintenance team was because even if it was kids to smash the glass they would have either
A-thrown a big rock... which there is no big stones by the van to say it was.
B-thrown a small rock so hard that it smashed.

this is why I believe it was as I think the council because the strimmers can just catch a tiny stone and flick it so fash and with power thats all it takes to smash a piece of glass.

it wasnt someone trying to break in as its clear glass so can see there is nothing kept inside and all doors were locked. the glass had a hole in it about size of a small dinner plate with the rest of the surrounding glass shattered. if someone was trying to break in they could have very easily put there arm in to open the door and bear in mind this was around 11am and is a row of houses facibg each other.

You do realise it is illegal to not have insurance even if it is off the road don't you? I think you have to actually declare that it is off the road, not like the old days where you just parked it up if your insurance ran out but still had tax.

Edited by: "NEtech" 31st Jul 2015

NEtech

You do realise it is illegal to not have insurance even if it is off the … You do realise it is illegal to not have insurance even if it is off the road don't you? I think you have to actually declare that it is off the road, not like the old days where you just parked it up if your insurance ran out but still had tax.



you mean declare it SORN? (pretty sure it's not illegle to not have insurance on SORN vehicle)

samwants2save

you mean declare it SORN? (pretty sure it's not illegle to not have … you mean declare it SORN? (pretty sure it's not illegle to not have insurance on SORN vehicle)



Not sure how it works these days to be honest.

moneysupermarket.com/c/n…75/

Yes, you now have to declare it SORN for insurance purposes. In the past I am sure it was just for TAX reasons.
Edited by: "NEtech" 31st Jul 2015

NEtech

You do realise it is illegal to not have insurance even if it is off the … You do realise it is illegal to not have insurance even if it is off the road don't you? I think you have to actually declare that it is off the road, not like the old days where you just parked it up if your insurance ran out but still had tax.



Complains to the Council for one thing then ends up being fined by the DVLA for no insurance X)

samwants2save

you mean declare it SORN? (pretty sure it's not illegle to not have … you mean declare it SORN? (pretty sure it's not illegle to not have insurance on SORN vehicle)



Hope it is declared SORN in that case

NEtech

Not sure how it works these days to be … Not sure how it works these days to be honest.http://www.moneysupermarket.com/c/news/car-off-the-road-you-still-need-insurance/0026575/Yes, you now have to declare it SORN for insurance purposes. In the past I am sure it was just for TAX reasons.


You only need to have it insured to be parked on a public rd or property. You don't need to insure it if it parked on private property.
Edited by: "kash2013" 31st Jul 2015

kash2013

You only need to have it insuredtobe parked on a public rd or property. … You only need to have it insuredtobe parked on a public rd or property. You don't need to insure it if it parked on private property.



Wrong wrong and more wrong.

NEtech

Wrong wrong and more wrong.


I think u need to look at the .gov website

kash2013

I think u need to look at the .gov website



4. Uninsured vehicles
Rules in England, Wales and Scotland
You must have motor insurance for your vehicle if you use it on roads and in public places.

You do not need to insure your vehicle if it is kept off the road and declared as off the road (SORN). This rule is called ‘continuous insurance enforcement’.

If not, you could:

get a fixed penalty of £100
have your vehicle wheel-clamped, impounded or destroyed
face a court prosecution, with a possible maximum fine of £1,000

kash2013

I think u need to look at the .gov website



It is illegal to have a vehicle parked anywhere, your drive, your garden, your garage, even your living room if it is not insured and not declared SORN.

The guy said he bought the van 3 weeks ago and plonked it on his drive because he had no insurance. Now if he has not contacted the DVLA and declared it off road then he could be fined as he is breaking the law.
Edited by: "NEtech" 31st Jul 2015

kash2013

I think u need to look at the .gov website




Idiot, how wrong do you need to be? To quote your lazy ass advice, here is the .gov website rules.
.gov website

Here is a copy and paste snippet of what they say if youre too lazy to click the link.

4. Uninsured vehicles
Rules in England, Wales and Scotland

You must have motor insurance for your vehicle if you use it on roads and in public places.

You do not need to insure your vehicle if it is kept off the road and declared as off the road (SORN). This rule is called ‘continuous insurance enforcement’.

If not, you could:

get a fixed penalty of £100
have your vehicle wheel-clamped, impounded or destroyed
face a court prosecution, with a possible maximum fine of £1,000

Now stop talking rubbish!

Original Poster

WOW thank you for letting me know I was totally unaware of this as ive never heard or been told about it. am declaring it right now. thank you once again

tovtm

WOW thank you for letting me know I was totally unaware of this as ive … WOW thank you for letting me know I was totally unaware of this as ive never heard or been told about it. am declaring it right now. thank you once again



Lucky you started this thread

tovtm

WOW thank you for letting me know I was totally unaware of this as ive … WOW thank you for letting me know I was totally unaware of this as ive never heard or been told about it. am declaring it right now. thank you once again



Nice one dude. A lot of people have been caught out by it over the last few years. Another cash cow for the Government!

I've heard bin men break car windows when taking the bins as they just lug them about and carry on. well the ones in my area don't knock on your door to let you know.

mother in law did it, you know deep down she did

Blame/claim culture?

OP has zero proof/evidence council employees accidentally broke the glass.
OP owns a vehicle but fails to understand UK laws covering insurance and VED
OP must have driven vehicle without insurance to get it onto his drive

Now OP wants to claim loss against most lawful tax payers because they believe the council are at fault?

Sorry thumb me down as much as you want but what makes your council rates, your taxes, your insurance premiums go up year on year?

Original Poster

philphil61

Blame/claim culture?OP has zero proof/evidence council employees … Blame/claim culture?OP has zero proof/evidence council employees accidentally broke the glass.OP owns a vehicle but fails to understand UK laws covering insurance and VED OP must have driven vehicle without insurance to get it onto his driveNow OP wants to claim loss against most lawful tax payers because they believe the council are at fault?Sorry thumb me down as much as you want but what makes your council rates, your taxes, your insurance premiums go up year on year?

well you can say all you like

A-i brought temp insurance cover to drive this van 50miles home.
B-i didnt know about SORN rules but have amended this.
C-i am myself a taxpayer who works in acess of 50+hours a week pay my road tax on car and van pay tax on everything I buy and pay council tax so sorry if I feel like I dont want to pay out and want something back from them.

hope this never happens to you although im sure you will immediately phone your insurance company and claim off them which in turn is no different to what your saying im doing. get off your high horse

Original Poster

eset12345

mother in law did it, you know deep down she did

Original Poster

this made me chuckle to myself. lucky enough were close and treats me like a son rather than a son in law she wants rid off....... or is that what she wants me to think haha

you would need to prove they did it first. then you can move on to the next move.
so until you can do this, there is no progress.
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