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Hello again - private street lighting hit by delivery van

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  • Hello again - private street lighting hit by delivery van

    Hi again,

    Hopefully this one should be easier to sort out than my last issue - just need some guidance please!

    My Dad lives in a converted hospital that has been made into town houses, he is one of many directors of both the management company and freehold company (a group bought the freehold form the developer a few years back).

    On 26th July a white van was seen to knock over one of the lighting bollards that is owned and maintained by the management co.

    This has happened before but in about 75% of cases the perp fesses up

    As it happens this was right outside his own door (there is a lot more to the complex than this one picture shows including flats and other 'wings' of the old hospital) but either way this type of thing would usually be 'his dept' as an ex engineer, other directors are focussed on finance etc...

    Unfortunately the CCTV is network based and glitched at the time of the incident so you can see footage about 2-3 seconds either side, we did thankfully manage to recover the still photo below. In any case even with the CCTV gap, you can see the bollard is OK one minute and bent over 5 seconds later, all with the white van manouvreing around it. He even drives out and back in again to (presumably) inspect his work, no attempt at contacting anyone or leaving a note. We do not know exactly who he delivered to as it was through the archway. There will likely be no damage to the van as the tyre seems to do the talking. For the avoidance of doubt the bollard is stainless steel and as it is now bent over will have to be replaced, the ground root is stretched, bent and ruined.

    Van was piled high with Amazon parcels only and looks like the sort of van they use (might sounds a bit weird but round here most late reg, unmarked, medium sized vans are delivering only Amazon parcels are straight forwardly on hire to Amazon!)

    We emailed Amazon Logistics (directly, not through public CS) who seemed initially interested but then started the old trick of asking the same questions again and again.

    We paid £4 and obtained the insurance details from AskMID, as we were clearly wasting our time with Amazon (I had assumed from the PR angle they might pay up quickly).

    We heard nothing for about 2 weeks and then an email asking for details. Our reply was ignored so we have yesterday sent a further chasing email.

    We haven't gone to the police as we thought it would be a waste of time ('claim through your insurance, sir...') - but should we have? I am assuming it is not (quite) too late to do so if we needed?

    As the nights draw in there is a H+S issue, so given the relatively low cost (under £500) of repair are we OK to go ahead with repairs? I mean obviously it needs doing regardless but not if the insurance company somehow uses this to wangle out of recompense save for a couple of extra days or the right letter being sent first?

    Cheers

    Click image for larger version  Name:	van-bollard-strike.PNG Views:	2 Size:	513.1 KB ID:	1482982
    Attached Files
    Last edited by swiss_toni; 22nd August 2019, 09:45:AM.
    Tags: None

  • #2
    I can’t really help from a legal stand point but I think I can help on this particular issue as I’m a lorry driver and I know how transport companies deal with this type of thing.

    So in the first instance the driver is legally obliged to report the accident if he is unable to trace the owner of the damaged lamp post. He must do this within 24 hours or he is committing a criminal offence. I know from colleagues that have failed to do this and the police do take this VERY seriously it just takes a while to get there!

    Now haulage operators pay huge insurance bills and amazon is no exception. Generally a company like amazon will have a self- insure policy in place which means they have a £250,000 excess on their insurance and will have to pay any smaller claims themselves.

    Most small - large operators pay for a fleet policy which costs about £4000 per truck and £2000 per van and like your normal car insurance they have a no claims discount. For most companies this is HUGE so generally they pay for damage caused by drivers no questions asked.

    Finally drivers employed by agencies are covered by professional negligence insurance which means the agencies insurance company pays for the damage (usually to the haulage company who pays you).

    Usually in any case the company or insurer will ask you to pay first and send them the invoice. (They’re in transport not road repairs so this is understandable). I would get this fixed yourself to avoid the HS issues.

    Now forget about contacting Amazon’s head office the person you need to speak to with the cheque book is the Transport Manager for the depot. If you could let me know the first half of the postcode where this happened I’ll tell you exactly who this is and their email address.

    The transport manager is named on the operators licence as the person legally responsible for the fleet. If they don’t deal with this you can escalate to your regional DVSA officer who can escalate this to the traffic commissioner who can revoke the TMs licence.

    Companies always pay up for light damage caused by their drivers. It’s far cheaper than risk losing their no claims!

    Comment


    • #3
      And I apologise on behalf of the transport industry! We’re all human and even I’ve knocked over a lamp post, bus stop and wall when I was inexperienced but I always stopped, tried to find the owner and reported it to police and my companies always paid. I’m not sure about amazon drivers but I have never once been penalised by an employer for reporting a minor accident

      Comment


      • #4
        Ah also I see that van is actually a rental van from Northgate Vehicle Hire as well (the little green dot on the door is their logo)!

        Northgate don’t insure the drivers, the company that employs them will have a policy that insures vans hired into the fleet but Northgate will be able to contact the hirer directly and tell them there’s been an accident. Northgate will then want to know every single detail about who’s paying for what because they want their van returned after 12 months scratch free!
        Call them on 0330 012 6500

        i know having used Northgate myself!

        Comment


        • #5
          Hi, thanks for your reply - I agree, accidents happen & frankly I would have not put the bollards there, but that was the developer, on the other hand drivers should use due care and attention because that bollard could easily have been a child coming out of the house etc...

          I too have hit things whilst driving professionally, and, whilst it's slightly easier for me as there is no financial penalty (though you might of couse get in trouble if it was avoidable) would never dream of 'trying it on' like this, by pretending it hasn't happened and no-one saw.

          Re. postcode (its *** ).

          There is no issue financially with getting the work done so if this will not predudice our claim then we will press ahead, at the end of the day it needs doing sooner rather than later - just for everyones reassurance it was of course removed and made safe the same day and currently sports a lovely yellow cone on top
          Last edited by swiss_toni; 25th August 2019, 18:42:PM.

          Comment


          • #6
            Will PM you the email address

            Comment


            • #7
              Or it's someone contracting to Amazon and hiring the van themselves. Report to the police, they can find out more info faster.

              Comment


              • #8
                Happy to report to the police, bear in mind we already know the insurer - but I imagine it might bring some pressure on all parties to not hang about. Unfortunately my experience of reporting things in the past - when someone reversed into the street sign outside our house, witnessed and on CCTV - was one of feeling that if if I had, indeed, wasted their time as I was made to feel, I had certainly wasted mine!

                Anyway, now reported to police, who do seem to have updated their systems since last time.

                They have sent an email saying that as we already know the insurer we should continue with our enquiries (!) but that they are 'still investigating'. We will see what happens next.

                Letter of complaint sent to insurer as they are seemingly doing nothing.
                Last edited by swiss_toni; 25th August 2019, 19:27:PM.

                Comment


                • #9
                  So just FYI Northgate did write back, saying basically the same as plod - 'thanks for letting us know, but....'

                  They did reveal the hirer to be one 'FAST DESPATCH TRANSPORT LTD.'. A quick google reveals they are
                  essentially wedded to Amazon, setup as an employment agency. And various tabloid horror stories and
                  also employment tribunal decisions that don't favour Fast Dispatch to the tune of several thousand

                  https://assets.publishing.service.go...-_Judgment.pdf

                  Will await the insurers response...

                  Comment


                  • #10

                    Third party insurance, by law, does not carry an excess.
                    You have notified the owners and the insurers
                    The insurers should be contacting their insured to get their side of the incident (and this could take time as Fast Despatch have to identify who, when, where and get his version!) but your claim has to be against the insured.
                    The insured is presumably Fast Despatch (probably they have a block policy for all their vehicles), who pass the claim to their insurers if they don't intend to handle it themselves.
                    So I would be writing a formal claim to Fast Despatch, giving them 14 days to respond.
                    No response and next letter is a letter before claim.

                    Comment


                    • #11
                      The only public address for Fast Dispatch is the registered offices via CH, the whole setup seems ropey as hell, but hey, welcome to Amazon, zero hours, lack of public accountability, generally the 2000s - 2010s

                      I assume this should be where we write to in the absence of any other proper contact, for another company based there with the same sole director, about a year ago he changed the correspondence address FROM here to Peterborough, the whole thing smells of the usual merry go round of companies and semi-false addresses in an attempt to evade tax or worse. That said, the vehicle is insured, so hopefully it will all work out in the end...

                      Click image for larger version  Name:	Capture.JPG Views:	1 Size:	50.6 KB ID:	1483961

                      Feel lucky punk? Presumably down the alley and up some stairs, between 16 (left) and 20 (right)...

                      (I did try asking Northgate what details they held for Fast Despatch, assuming that at least they will have a proper contact, I made it clear this was only for the purposes of making contact following an unreported RTC, they refused citing DPA, seems unlikely that anyone would be able to complain about the release of data in these circumstances but there you go).

                      ["Due to data protection i am unable to advise of any further details for Fast Despatch LTD. Apologies that i cannot assist any further.

                      Customer Service Team
                      Northgate Vehicle Hire"]
                      Last edited by swiss_toni; 28th August 2019, 14:10:PM.

                      Comment


                      • #12
                        So write to their registered office,( in this case I would suggest "signed for") with a request for a response within 14 days

                        Comment


                        • #13
                          Dear Sir or Madam,

                          On the 26th July 2019 a vehicle bearing the VRN 123ABC was witnessed via CCTV striking and destroying a lighting bollard on private land in the care of Block Management Ltd.

                          Subsequent enquiries via Northgate Vehicle hire have suggested that Fast Despatch Transport Ltd, registered at this address, were hiring the vehicle at the time of the incident.

                          As the driver did not appear to stop or make contact, we write to you in order to make payment for the required repairs, or advise us that you wish your insurance company to deal with this matter.

                          For your reference, we have reported this matter to the police as a matter of routine since it appears no attempt was made by the driver to pass on details. The log number is 123ABC.

                          Please note that if we do not recieve a reply within 14 days we will <what will we do????>!

                          My Fred Bloggs

                          Director
                          Block Management Ltd.
                          c/o address

                          Comment


                          • #14
                            Don't say what you will do...just ask for a response within 14 days.

                            Comment


                            • #15
                              Roger that

                              Comment

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