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Hi everyone!
Not sure if anyone can offer any assistance but would be very grateful if you could!
I moved into my house last year and own a car parking space in a private car park with shared liability for repairs with 9 other houses. In 2007 one of the residents (now deceased) persued the local council and their waste contractors for repairs to the car park and underlying drains caused by the rubbish lorries. He was successful but unfortunately chose a company to carry out the repairs that we have subsequently discovered are dodgy fly by nighters. The repairs are now (no surprise) failing and we have had some truly astronomical quotes just to take a look at the problem.
The resident at the time acted on his own in this matter and only informed the other residents what he was doing when the claims management company asked for witness statements to prove that the lorries were causing the damage. He would accept no advice or assistance from the other residents and the repairs were concluded pretty much before anyone really knew what was happening.
The council have washed their hands of this matter saying that the repairs constitute a full and final settlement and that it is nothing to do with them if the repairs are failing. They also state that the company that carried out the repairs issued a 10 year guarantee and that we should contact them. We cannot trace a copy of this guarantee and to be honest I doubt whether it would be worth the paper it is printed on as the company seems to have ceased trading (we did trace the address and it is a caravan site).
It has been suggested that as none of the residents were involved in these negotiations other than the one man that it cannot be that a full and final settlement was accepted.
Any thoughts please?
Not sure if anyone can offer any assistance but would be very grateful if you could!
I moved into my house last year and own a car parking space in a private car park with shared liability for repairs with 9 other houses. In 2007 one of the residents (now deceased) persued the local council and their waste contractors for repairs to the car park and underlying drains caused by the rubbish lorries. He was successful but unfortunately chose a company to carry out the repairs that we have subsequently discovered are dodgy fly by nighters. The repairs are now (no surprise) failing and we have had some truly astronomical quotes just to take a look at the problem.
The resident at the time acted on his own in this matter and only informed the other residents what he was doing when the claims management company asked for witness statements to prove that the lorries were causing the damage. He would accept no advice or assistance from the other residents and the repairs were concluded pretty much before anyone really knew what was happening.
The council have washed their hands of this matter saying that the repairs constitute a full and final settlement and that it is nothing to do with them if the repairs are failing. They also state that the company that carried out the repairs issued a 10 year guarantee and that we should contact them. We cannot trace a copy of this guarantee and to be honest I doubt whether it would be worth the paper it is printed on as the company seems to have ceased trading (we did trace the address and it is a caravan site).
It has been suggested that as none of the residents were involved in these negotiations other than the one man that it cannot be that a full and final settlement was accepted.
Any thoughts please?
