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Car damaged in estate by neighbours

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  • 04-05-2010 2:44pm
    #1
    Registered Users Posts: 47


    Hi, Can anyone tell me if I have any rights regarding the management compan here, I left my car parked outside my house over the weekend,went2 it this morning there was a big deep scratch all down the drivers side, both doors and bumper. I know it was the neighbours children across the road from us because they are always cycling around our parking spots even though I ask them every evening not to and I do ask them not to be throwing stones near our house as 2 weeks ago they chipped our front window from throwing stones.
    I cannot accuse them as I did not see them and if I approach them they might say I am being racist. The problem is they have an abandoned car outside their house too and making the estate look bad. They're constantly leaving bicycles around the road blocking it and just being a nuisance pulling up plants and throwing stuff on the road. Do I have grounds to complain to the management company or would the management company be able to give any compensation on the damage? It is going to cost me a couple of hundred to fix. I dont know how to approach the situation or the neighbours!


Comments

  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    No, you've no reclaim against the management company at all. They have no liability.

    Your only possible claim would be against the person/persons who caused the damage, and you would need proof of that, rather than just suspicion. You would need to take civil action against them in court to recover any costs for repair.

    Sorry, but it's up to you to pay for the damage.


  • Registered Users Posts: 9,304 ✭✭✭markpb


    Cled wrote: »
    Do I have grounds to complain to the management company or would the management company be able to give any compensation on the damage?

    Would you expect the local authority to pay up for someone damaging your car while parked on the road?


  • Registered Users Posts: 10,965 ✭✭✭✭Zulu


    You didn't see anyone do it, therefore you can't prove anyone did anything.

    You can not claim against anyone.


  • Registered Users Posts: 423 ✭✭madrabui


    Cled,

    I’m in the same-ish situation as yourself. My new car was park in my own drive and I’ve deep scratch/dents on the side after the first week. But as you have no proof there is nothing you can do. I’d try and ‘befriend’ the kids.

    If you have any other ideas beside grin and bare it, let me know.

    The same neighbours are using their garden as a parking space, and park their other car fully on the footpath.

    I just presume that their landlords don’t care about property value/depreciation.


  • Registered Users Posts: 104 ✭✭Jesh1


    Cled wrote: »
    Hi, Can anyone tell me if I have any rights regarding the management compan here, I left my car parked outside my house over the weekend,went2 it this morning there was a big deep scratch all down the drivers side, both doors and bumper. I know it was the neighbours children across the road from us because they are always cycling around our parking spots even though I ask them every evening not to and I do ask them not to be throwing stones near our house as 2 weeks ago they chipped our front window from throwing stones.
    I cannot accuse them as I did not see them and if I approach them they might say I am being racist. The problem is they have an abandoned car outside their house too and making the estate look bad. They're constantly leaving bicycles around the road blocking it and just being a nuisance pulling up plants and throwing stuff on the road. Do I have grounds to complain to the management company or would the management company be able to give any compensation on the damage? It is going to cost me a couple of hundred to fix. I dont know how to approach the situation or the neighbours!


    That’s a real bummer, as Vince Vega once said "never F*** with another mans vehicle"

    I don’t think there’s much you can do, it may not even be worth pursuing. I wouldn’t confront the kids as you have no hard evidence. If you do catch them damaging your car, no matter how small go straight to the parents. Tell them you’re calling the guards if they don’t pay for the damage.

    You will want to keep the peace in your neighbourhood, but at the same time you want peace of mind your vehicle is safe.


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  • Registered Users Posts: 47 Cled


    markpb wrote: »
    Would you expect the local authority to pay up for someone damaging your car while parked on the road?
    Who said anything about expecting the local authority to pay..its a management company I was asking about, i pay over €300 a year for them to enforce rules in the estate so I'd expect them to at least assist me in my complaint of neighbours. No need to jump to conclusions about grabbing money off tax payers. I am one.


  • Registered Users Posts: 47 Cled


    Jesh1 wrote: »
    That’s a real bummer, as Vince Vega once said "never F*** with another mans vehicle"

    I don’t think there’s much you can do, it may not even be worth pursuing. I wouldn’t confront the kids as you have no hard evidence. If you do catch them damaging your car, no matter how small go straight to the parents. Tell them you’re calling the guards if they don’t pay for the damage.

    You will want to keep the peace in your neighbourhood, but at the same time you want peace of mind your vehicle is safe.

    Thanks for the advice. That's all it is.. it's a lovely neighbourhood. It's horrible to think I cant leave my car on my own property without worrying about it being safe. Just a pain that they're being obstructive.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Cled wrote: »
    Who said anything about expecting the local authority to pay..its a management company I was asking about, i pay over €300 a year for them to enforce rules in the estate so I'd expect them to at least assist me in my complaint of neighbours. No need to jump to conclusions about grabbing money off tax payers. I am one.

    You are the management company!! Or at least a member. You don't pay for rules to be enforced, your management fee is spent on the budget for the development...do you know anything about living in a managed development?

    If you have a complaint about your neighbours breaching development rules then yes, speak to your management agent about it but at the end of the day, that has nothing to do with the un-witnessed damage to your car.
    Cled wrote: »
    It's horrible to think I cant leave my car on my own property without worrying about it being safe. Just a pain that they're being obstructive.

    You can't leave your car anywhere safe, there's no such thing? I have stuff locked in my house, it's not safe there. If someone wants it, or wants to damage it they will find a way. Living in a managed development does not make a difference.

    BTW...if you "know" it was the neighbours, why not contact the Gardai...you'll need proof of course...or do you just suspect it was them?


  • Registered Users Posts: 47 Cled


    athtrasna wrote: »
    You are the management company!! Or at least a member. [HTML]You don't pay for rules to be enforced, your management fee is spent on the budget for the development...do you know anything about living in a managed development?[/HTML]
    BTW...if you "know" it was the neighbours, why not contact the Gardai...you'll need proof of course...or do you just suspect it was them?
    Athtrasna, I do know about management companies, why are you attacking me like this, I am just looking for advice and thought this was the best place to look? We are given house rules each year from the management company, this year there was a problem with dogs leaving mess behind them so they enforced fines in the estate for this. The mgt company are good like this, plus they spend budget on development and picking up litter in the estate. Maybe your management company arent as thorough as ours is.
    And no need to mock me about "knowing" it was the neighbours. I dont want to waste Garda time on a scratch on a car even though it will cost me a couple of hundred to fix.

    To the people who provided useful advice, thank you.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Cled wrote: »
    Athtrasna, I do know about management companies, why are you attacking me like this, I am just looking for advice and thought this was the best place to look? We are given house rules each year from the management company, this year there was a problem with dogs leaving mess behind them so they enforced fines in the estate for this. The mgt company are good like this, plus they spend budget on development and picking up litter in the estate. Maybe your management company arent as thorough as ours is.

    I don't think you do..you are still mixing up the management company and management agents..if you are an owner you are a member of the management company..who then employ management agents to administer the day to day running of the development.

    As for my management company? As an owner director I can assure you we are thorough, we take pride in our development.

    Incidentally I have a large dent in my rear passenger side car door that I know came from a kid with a bike leaning into it in our development. Nothing I can do about it...same way as my friend whose car got keyed on the street has no comeback. It sucks but c'est la vie!


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  • Registered Users Posts: 47 Cled


    If you are an owner/director of a management company I think you need to rethink your communication and interpersonal skills. No need to be so ignorant and putting people down. And yes, I am an owner and I am not mixing them up with agents. Maybe you need to rethink the way you personally do business. My mgt company do enforce house/estate rules and do a very good job at it.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    I'm sorry but you are the person who was asking if they could get the Management Company (ie all other owners) to pay for damage to your car :confused: This lead me to believe you didn't understand the rights and responsibilities of living in a managed development. I did not aim to put you down just to clarify things.

    Some people are just more sensitive than others I guess :)


  • Registered Users Posts: 47 Cled


    athtrasna wrote: »

    Some people are just more sensitive than others I guess :)

    Some people are more sensitive?!? People like me who are paying your wages you mean? I am a client of a management company and thank God its not yours! If you go around putting potential clients like myself down then you wont be around for long! I had a query, and it was advised and answered by other helpful boards.ie members. Stop commenting if you cannot advise if you are going to insult and belittle clients like your own.


  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Cled wrote: »
    People like me who are paying your wages you mean? I am a client of a management company and thank God its not yours!

    Directors of management companies are, generally, not paid at all. I'm a director of our management company, and I'm not paid for it.

    I think (again) you're confusing the management company with the management agent.


  • Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Ehhh Cled - you do know you and all the other residents (who are owners) are a members of your managment company? If the managment company compensate you - then you (and all the other residents) are paying for your damages. Not the agents.

    You're only paying the wages of the managment agents (and the public sector at large). I don't think Athtrasna ever suggested (s)he was an agent.

    But you know all this, right?


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Cled wrote: »
    Some people are more sensitive?!? People like me who are paying your wages you mean? I am a client of a management company and thank God its not yours! If you go around putting potential clients like myself down then you wont be around for long! I had a query, and it was advised and answered by other helpful boards.ie members. Stop commenting if you cannot advise if you are going to insult and belittle clients like your own.

    I did try to lighten things hence the smiley but obviously you are just looking for a row..

    As the last two posters have pointed out...directors of the management company don't get paid..it's a thankless job but the best way of protecting your investment. I give 100 hours + a year to help make our development a better place for all owners and residents. I am an owner in the development and a member of our management company like all 80 other owners. I have nothing to do with our management agents other than as their employer!

    As for you being a client of a management company...back to my first post...you are a member of your management company...who then employs a management agent to administer the development...slight feeling of deja vu here....


  • Registered Users Posts: 26,458 ✭✭✭✭gandalf


    I assume you have approached the Management Agent about the issues with your car and the junker car in front of their dwelling?

    If so what was their response?


  • Registered Users Posts: 299 ✭✭Citygirl1


    Hi Cled

    One thing you could possibly check is whether there is CCTV in operation in the estate, and if so if any of the cameras focus on the area where your car is parked.

    It's unlikely that this would work out, but worth checking. I live in a managed estate, and on one occasion my car was damaged, and we were able to use the CCTV cameras to identify the culprits.

    However, most certainly the other owners within the estate (ie. The management company) should not have to pay for this damage.

    You should also ask the management agents to issue warnings to your neighbours regarding any issues for there is proof. (e.g. The abondoned car). This may not resolve your current problem, but should make them aware that official notice has been taken of their behaviour, and make them more wary of their future actions.


  • Registered Users Posts: 21 LasseBrown


    Similar experience for me. Bought a webcam and have some photos of it now. Doesn't help if the parents don't give a damn. Befriending them as someone here suggested? I don't know - looks a bit like paying protection money...


  • Registered Users Posts: 1,529 ✭✭✭zynaps


    LasseBrown wrote: »
    Similar experience for me. Bought a webcam and have some photos of it now. Doesn't help if the parents don't give a damn.
    Well, aren't the parents legally responsible if the child who causes the damage (willfully) is not? Then it wouldn't matter so much that they don't give a damn, although it's sad to see parents failing to provide guidance to children who obviously need it before it's too late.


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  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    zynaps wrote: »
    Well, aren't the parents legally responsible if the child who causes the damage (willfully) is not?

    Yes, but you need to take a civil case to court against them. Not easy, it can cost you a bit, and it takes time. You also need full proof that they did the damage.


  • Registered Users Posts: 1,529 ✭✭✭zynaps


    Paulw wrote: »
    Yes, but you need to take a civil case to court against them. Not easy, it can cost you a bit, and it takes time. You also need full proof that they did the damage.
    Yeah, it's probably not be worth it. Probably the ideal thing would be to have that proof (i.e. if this is going to happen again, set up a (night vision?) webcam with motion capture software - there are a few free programs for that which work fine - and quickly find and back up any evidence after the fact). Then make an incriminating printout, approach the child in question (if they're over, say, 12 years old) and say something like "see this? It's someone wrecking my car. I don't want this to happen again, and would rather not have to talk to your parents or the gards about it this time. Ok?".
    If they're younger than that... probably bring it to their parents and let them know you're concerned.

    To get a child and their parents involved in a court case would be pretty unpleasant and might send the child further down the wrong path (i.e. galvanise his feelings that it's a "them against us" world).

    Oh well, good luck with it! It could be a lot worse. I was reading on another forum about someone who was due to testify against some local criminal in court. His friends/family tried to intimidate him into stepping down as a witness, but he persisted. Next week, someone had poured paint stripper all over his car, smashed the windows etc. Obvious who did it, but no proof. :eek: There are a lot of badly broken people in this world.


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