HELP! Why I can't own nice things. (Westpark sucks)

[TheGOAT1100]

Parked my car Thursday evening in the underground lot at my building. Came out Friday morning to the pictures below. Apparently both the management company and the parking company knew about this problem and did nothing to fix it. (at least block it off!!!) From what I was told it is a mixture of calcium sulfate and salt.

http://s884.photobucket.com/user/TheGOAT1459/slideshow/BMW%20M3


I am wondering what kind of compensation I should be looking for, It would be dam near impossible to find another 5 speed vert in good shape in Alberta, and I have no idea what this one is worth here.

The only one I have seen so far that is local was $18,500

Now they are saying that they're not responsible for anything that happens in the lot they manage. Excuse my french, but why exactly not??? If it was 3rd party damage than that would be different (theft or vandalism) but its not as far as I can tell, the damage was done due to gross negligence on Westpark's part. They knew about the problem, had already damaged 5 vehicles this year, and being the negligent they are, didn't bother to even block off the area that was causing damage.

I have pictures and videos of crap leaking all over this place.

First they tell me that they're totally responsible and to go and get quotes from different body shops in town. Then they tell me they are not responsible when they find out what how much the 4 different quotes come too. ($11,008.21)

Then "Chad" (real name) at westpark tells me that there's no way my bmw m3 is worth more than $2300, so I tell him to find one in Alberta and see what there worth (only one I could find was $14,999) and he said he will not pay any money because they're not responsible.

So I send over a "letter of demand", saying that based on the 4 quotes they had me get, they are responsible for the damages to my vehicle and I will expect full payment by the 19th of this month.

In turn I get a letter from their lawyer. Saying that they never admitted guilt even though they paid for the auto detailing, the car is only worth $2300, and my demand letter for $11,008.21 (based on the quotes they had me get at the shops they sent me to) is outrageous and totally without merit.


Cliff notes I need a lawyer. And some Publicity wouldn't hurt. Know anyone???

It looks like I will be taking them to court, and if you know anyone that has had this happen to them, please let me know as it will most likely be a class action case. (someone with legal precedent would be great)

Wish me luck


http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130308_092602.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130308_092602.jpg.html)

[FraserB]

You'll probably have to try and prove negligence on their part. And paying for detailing is not an admission of guilt or liability.

Right from their terms and conditions which you agreed to.

Parking charges are for the licensed use of the parking space only and WestPark is not responsible for any injury, loss or damage to the guest or their vehicle(s) or its contents.

Just to be clear, you knew about this issue long enough to know that it had already damaged vehicles? If so, why would you park there.

[TheGOAT1100]

That's the thing... I just moved in to the building and that was within the first month of parking the car in the lot.

"Parking charges are for the licensed use of the parking space only and WestPark is not responsible for any injury, loss or damage to the guest or their vehicle(s) or its contents."

Wouldn't that only apply to 3 party damage? Is not the intent of the contract, to provide a safe place to park your car? If I didn't care about the car I would have parked on the street, but instead I pay for safe parking.

[FraserB]

No, you pay for use of a parking space. Nothing else. Nowhere in the contract you signed does it mention 3rd party damage.

[BerserkerCatSplat]

Obviously talk to a lawyer, but my non-legal opinion is that you'd have a reasonable chance at a negligence-tort claim. Had you not parked in their structure, your car would have been undamaged, as the damage was (apparently) caused by poor design/maintenance of their structure. Their duty of care would only extend to damage caused by their structure, their lack of maintenance violated that duty of care. Harm caused is obvious.

T&Cs that state they are not liable are only enforceable if a judge says they are - until then, they are just words on paper.

But yeah, get yourself a good lawyer and get their advice. Don't put any stock into random Internet yahoos, myself included.

[TheGOAT1100]

Originally posted by FraserB
No, you pay for use of a parking space. Nothing else. Nowhere in the contract you signed does it mention 3rd party damage.

What I meant was, the contract wording would seem to imply that westpark would not/ could not be held responsible for any 3 party damage.

On the other hand, any negligence on there part would constitute a breach of the contract wouldn't it? They had full knowledge of the problem and due to their negligent actions (not fixing the problem, not blocking of the affected area ect.) caused significant damage to their client (me).

[eatrice]

I also wouldnt feel threatened if you sent me a letter telling me to pay. Get a lawyer.

[FraserB]

Originally posted by TheGOAT1100


What I meant was, the contract wording would seem to imply that westpark would not/ could not be held responsible for any 3 party damage.



It doesn't imply that at all.

You'll have to prove that all the damage occurred in their lot, that they knew about the issue and that they did absolutely nothing to mitigate the risks. You'll also have to explain why, even though you knew about the issue, you chose to park there anyway.

Long story short, you'll need an actual lawyer to deal with this.

Did you sign anything when they paid for the detailing or did they send a letter or anything at that time?

[spikerS]

Originally posted by BerserkerCatSplat
Obviously talk to a lawyer, but my non-legal opinion is that you'd have a reasonable chance at a negligence-tort claim. Had you not parked in their structure, your car would have been undamaged, as the damage was (apparently) caused by poor design/maintenance of their structure. Their duty of care would only extend to damage caused by their structure, their lack of maintenance violated that duty of care. Harm caused is obvious.

T&Cs that state they are not liable are only enforceable if a judge says they are - until then, they are just words on paper.

But yeah, get yourself a good lawyer and get their advice. Don't put any stock into random Internet yahoos, myself included.

QFT

[Sentry]

Then "Chad" (real name) at westpark tells me that there's no way my bmw m3 is worth more than $2300
:rolleyes:

Lawyer up and fuck their shit up. Best of luck.

[rob the knob]

tort!

[Mixalot27]

Can you file a claim with your insurance company for the damage?

[D. Dub]

Why do you need a lawyer? This is within small claims jurisdiction.

[Weapon_R]

Yeah I don't see why a lawyer would take this as the amounts are too small. The realistic value of an e36m3 isn't much anymore, probably under 10k. Filing a claim in provincial court (small claims) is your best bet.

[TheGOAT1100]

Shouldn't need a lawyer, and I did not know about the problem. (mostly because there were no signs posted/it was not blocked off.)

Here are some pictures of the current condition (as of the 25th of april, 2013) of the parkade. Negligent??? You decide.

http://s884.photobucket.com/user/TheGOAT1459/slideshow/parkaid%20on%20apr%2025th%202013

Look closely at the sewage pipe with the 6 foot long crack in it. It might be kinda hard to see in the picture but it has clearly been there for a long time. No that's not where I was parked. But it gives you a general idea of what the entire parkade is like.

[FraserB]

Care to post some pictures after they had the exterior detailed?

It does look like they have water issues that are causing leaching in the concrete as well as causing the rebar to rust.

[TheGOAT1100]

Boy am I glad you asked me to do that, because as I was taking pictures, an older gentleman approached me and asked if I was the one that had done an interview with the CBC (on the radio thursday and should be on tv soon)

I told him that it was me, and he asked me to come take a look at his car. As we are walking over he tells me that 2 weeks ago (when he was on a vacation) some of the same stuff had dripped on his car, and eaten away at the paint to the point where it would require a repaint.

As I take a look at it, I see the same type of damage that has happened to me! He then informed me that the vehicle is a lease and that he will be turning it in in the next few weeks, but he is not sure what to do about the etched paint or what to do when he gets a new car after the trade in.

I inform him that the leasing company would most likely charge him for the damage and he should contact both the leasing company and his insurance company immediately. As I am telling him that he asks me what my plan is. (I'm going to sue the shit out of them) he then tells me that his wife works for a law firm, and he would like to join me when I sue both Westpark and Timbercreek property management.

We exchange emails and phone numbers and part ways.

Here are some of the pictures I just took

My car as it sits tonight

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224558.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224558.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224610.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224610.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224617.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224617.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224640.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224640.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224710.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224710.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224741.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224741.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224802.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224802.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_224811.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_224811.jpg.html)

His car:

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_225404.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_225404.jpg.html)

http://i884.photobucket.com/albums/ac45/TheGOAT1459/BMW%20M3/20130427_225408.jpg (http://s884.photobucket.com/user/TheGOAT1459/media/BMW%20M3/20130427_225408.jpg.html)

[TheGOAT1100]

Just thought I should inform everyone that this happened at bromley square (first and tenth)
Address is: 123 10th ave sw

[Strider]

Have you tried pursuing a claim with the building owners/management (Timbercreek)?

It would seem to me that this is more of a building maintenance issue than anything (WestPark is probably only contracted to administrate parking).

On a side note, I've often seen ads for dirt cheap underground parking at Bromley Square on Kijiji... I always thought it was just because the building is sketch in general (lots of stories over on calgary puck) but I guess it's even worse than I thought.

[BananaFob]

Originally posted by Strider
Have you tried pursuing a claim with the building owners/management (Timbercreek)?

It would seem to me that this is more of a building maintenance issue than anything (WestPark is probably only contracted to administrate parking).


This! You should be going after the building owner, not westpark imo. Repairs and Maintenance are the responsibility of the building owner.

[TheGOAT1100]

I've talked to both of them and have gotten the runaround.

There both getting sued.

I also got an email last night from another person in this building that had there car damaged, and wants to sue.

I think this will go class action after I slip flyers under every unit's door, and wouldn't be surprised to have 20+ people come forward.

They should have just payed me. But they didn't... so fuck 'em

[kenny]

Somewhat unrelated... but there are several spots in the Chinook Centre underground parkade that has this problem as well. Careful where you park (especially the few days after it has rained).

[flipstah]

Originally posted by kenny
Somewhat unrelated but also related... but there are several spots in the Chinook Centre underground parkade that has this problem as well. Careful where you park (especially the few days after it has rained).

Is this the new underground area or around the old one with the exposed top carpark?

[D. Dub]

Originally posted by TheGOAT1100
I've talked to both of them and have gotten the runaround.

There both getting sued.

I also got an email last night from another person in this building that had there car damaged, and wants to sue.

I think this will go class action after I slip flyers under every unit's door, and wouldn't be surprised to have 20+ people come forward.

They should have just payed me. But they didn't... so fuck 'em


Sic em!!!!!!

[TheGOAT1100]

Originally posted by D. Dub



Sic em!!!!!!

RUFF!!! RUFF!!! (it's go time!)

[BlackArcher101]

Originally posted by TheGOAT1100
Here are some pictures of the current condition (as of the 25th of april, 2013) of the parkade. Negligent??? You decide.

http://s884.photobucket.com/user/TheGOAT1459/slideshow/parkaid%20on%20apr%2025th%202013

Holy shit. With that much leeching through, I can't imagine what condition the concrete slab and pipes are in.

[TheGOAT1100]

I have pictures... but if I was an inspector for the city, it would fail. There are a few cast iron pipes with cracks in them that are longer than my outstretched arms.
It's ugly in here.

[snowcat]

Bromley square is a shit hole. I walked im and walked out faster than you could say knife.

I feel bad for you, but honestly a 15 year old car is not worth 18 grand! You can get e46 M3's for that now.

Post up the outcome, best of luck.

[TheGOAT1100]

Originally posted by snowcat
Bromley square is a shit hole. I walked im and walked out faster than you could say knife.

I feel bad for you, but honestly a 15 year old car is not worth 18 grand! You can get e46 M3's for that now.

Post up the outcome, best of luck.

I agree... but it's not worth $2300 either.

[CompletelyNumb]

Hope you sue the shit out of them. I fkn hate the management in that building. Westpark is useless as well.


You should also find a new building. Bromley is shit. A new lobby and amenities room doesnt make up for a subpar building, no individual unit water shut offs, non stop fire alarms, elevators that are regularily out of service or 'stuck' on the 32nd floor while there's 20 people in the lobby trying to cram in to one elevator.

Only good thing there is it's stumbling distance to West and Craft and a few other good spots. Plus they just raised prices to be more in line with the newer buildings. I wouldn't be offended if the place was demolished.

[TheGOAT1100]

First of all, thanks for the support.

If any of you have some time, and would like to help me out, please send an email to the reporter (and cc me) showing your support. It will help me get some media coverage.

Her email address is : [email protected]

Mine is : [email protected]

Thanks guys,

Nick