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Legal Advice


simoncrnfrth
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Good Evening,

Last Sunday my car suffered damage whilst driving around a new development. Thankfully I have got a Dash cam fitted which has recorded the incident and was also showing my speed. Persimmon are building a development on ex Mitchel and Butlers sports field in Birmingham, I used to go there when I was a kid to watch the fireworks display and for a time West Bromwich Albion use to use the fields to train at so I had a drive around to have a nose at the development. I want to add at this point people have started moving and living in the new houses so there is now people living on the development. Instead of describing what happened, I have uploaded the video to Google Drive and will leave the link here for people to view. As they say a video speaks a thousand words or something to that effect.

 https://drive.google.com/file/d/0BwsPx0Sv9zpcLUpLZEVrMnd5LUU/view?usp=sharing

The start of the incident will be at 11 seconds as I come around the corner, 15 seconds is roughly when my car hits the dip. At 37 seconds i've got out of my car to check, after giving it sometime to think that was not right. I was lucky really not to have my bumper ripped off. There is no signs warning of any speed limit on site though at the time of the incident I was only doing 10mph, no warnings about the uneven road surface and no warning sign about dip/ramp. I have contacted Persimmon but I'm still waiting for them to reply. I spoke to a sales advisor on site who said Head office will need to deal with it.

Legally where do I stand? Am I in the wrong or should Persimmon have ensured the road was in a safer condition for use. Persimmon should maintain the road to a safe, usable standard even if it's just temporary surface.

The damage to my car, Bumper is scratched where the bumper caught the tarmac/lip. The under tray for the radiator and the under tray for the engine/gearbox has been folded/crumpled and a few clips have come out. The damage is isolated to just a small area, it could have been so much worst.  

Any help/advice I would be very very grateful.

 

 

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