A Car Park owned by Shanly Home has multiple issues for over 2 years so far affecting several residents who use it.
The damages caused to the vehicles are likely to constitute a breach of the duty of care owed to the car owners who park their cars in the car park.
The Car Park is leaking through the concrete.
Previously managed by Neil Douglas Block Management Limited who were responsible for maintaining the car park at the time, has now passed to Aspire Block and Estate Property Management Limited, Wenta Business Centre, Colne Way.
Shanly Homes are Insured with AXA PLC. They sent out an assessor to value the damage, but have not organised any repairs for claimants. In September it will have been a year for one tenants car to have remained damaged and not repaired by the AXA insurance company of Shanly Homes.
Furthermore, the damage caused to the cars may also constitute a breach of the car owners’ rights as consumers under consumer protection laws. The management company has a responsibility to ensure that their services are fit for purpose and meet certain quality standards. If they fail to do so, the car owners may have a right to seek compensation for the damage caused to their vehicles.
Shanly Homes, the owners of the Car Park replied “We are aware of this issue within the car park and discussions have been taking place between ourselves and the Management Company. We are working hard to find a remediation solution and hope for a resolution very soon.”
Human Rights being violated:
The right to property. The Universal Declaration of Human Rights (UDHR) states that everyone has the right to own property alone as well as in association with others. This includes the right to use, enjoy, and dispose of one’s property. When a car owner’s property is damaged by leaks and needs constant repair, they are unable to use, enjoy, or dispose of it as they see fit. This could be considered a breach of their right to property.
The right to an adequate standard of living. The UDHR also states that everyone has the right to an adequate standard of living for themselves and their family, including adequate food, clothing, and housing. When a car owner’s car is constantly being damaged, they may not be able to afford to repair it or replace it. This could lead to them not having adequate transportation, which could impact their ability to work, go to school, or access essential services. This could be considered a breach of their right to an adequate standard of living.
The Car Park also has Parking Spaces that fall short of minimum Standards
The British Car Parking Association on bay size says “The amount, type and design of any parking is critical”
Almost half of all pedestrian accidents and a quarter of all vehicular accidents involve the presence of a parked vehicle.
Watford.gov PDF states “All parking spaces must have minimum dimensions of 2.4m wide by 4.8m
long”. And another document dated 2012 we have come across also confirms this.
The Watford Councils ‘Evidence based’ Car Parking Policy and Standards has been in place since 2012.
To the right of the vehicle is another pillar, this means the two cars will also end up being squashed closer together.
The minimum acceptable dimensions for a car parking space is a width 2.5 metres as confirmed by planningdevelopment@watford.gov.uk
Shockingly the parking space on the right has been confirmed to be only 2.13m
Stephanie Waldron, the Planning Enforcement Officer at Watford Borough Council has taken official measurements which show they fall short of above government guidelines.
From the white pillar, Bay A51 is 2.13m (2.27m Kerb to white line), and Bay A52 is 2.32m (2.40m White line to white line)
However, she goes on to add “I discussed my findings with my line manager and unfortunately the size of the bay spaces is not something we will be able to take any enforcement action on as the pillars are a necessary part of the construction of the car park and cannot be altered.”
On June 6th a driver became trapped and fell when his shopping bag jammed between his legs and the cars.
The government is set to give councils power to set car parking spaces as the current minimum size is too small for modern cars. (Auto Express Article)
He had to be seen by hospital doctors. They confirmed the injuries and the nurse took photos to show the effect.
Watford General Hospital Diagnosis. Case No.46615
- Lower Back Muscle Strain
- Undiagnosed neck swelling
Mr Usher who has over 22 years of no claims, had his car come in contact with the pillar and his vehicle was damaged. He also says that there is a lighting issue in this corner, the obstacle was hard to see due to shadows to his left, and bright light from outside the car park where the bright sunlight shines in at the late afternoon.
In June, Mr Usher and his shopping became trapped between the two cars and he fell. This gave initial injuries to his finger. But later had to attend hospital due to neck and back pain.
Timeline
December: The local council’s Planning Enforcement Officer officially confirms the affected spaces fall way below regulations. ref: FS-Case-436062525.
22 September – Council planning could not gain access to car park. Will come again with owners and hopefully WCH and measure up.
11th July – Reported possible planning breach to Watford Planning Department who have now launched an investigation.
4th July – Contacted UK CPM to get space reallocated as instructed by WCH because they did not do it for me, but PPM say they have not been responsible since early 2022. This was an underhanded red herring by the landlord WCH.
6th June – Injury reported as they failed duty of care.
18th April: Damage incident reported as Car park hazard design.
Date TBC – Reported issues with parking. Their reply said saying it’s not down to WCHT, and they never even questioned which vehicle I had. They just told me to contact the car park owners.
I believe this is a negligent attitude as not one question was asked about the size of my vehicle or if I wear glasses. I have over 20 years no claims, yet the negligence of housing has now damaged that.
The previous Parking & Property management stopped in January 2022 but took 6 months before signage was replaced.
An injury and damage claim have been put in to AXA Insurance PLC UK, after assessment they responded. “AXA Insurances position remains that liability is denied. The parking bays sizes are not a legal requirement.”