Damaged Motorhome at Wilderness Festival: Seeking Advice

[georgendah]

Hi Funsters,

I am after some advice. My motorhome was damaged accessing the Wilderness Festival in Oxfordshire on the 1st August. I was travelling behind another van driven by a friend. When we were arrived at the entrance (blue gate) we were waved in and followed a dirt track road . After a mile there was a entrance on the left but nobody there. We proceeded on and the road narrowed and became stony with a gradient and we knew we had gone too far. My van was damaged doing a U turn (pictured). The entrance we saw was the right one but the marshall had left their post.
I complained to three levels of Festival Republic management (the Festival management company) I received verbal apologies and I set out what had happened to the facilities manager via Whatsapp. Since the Festival I have written twice through the website to progress a claim. I have received no response.
I am gathering quotes and was told today the potential cost is £2-3K!. What should my next move be. Bring in my insurance company or try to get it fixed at least cost and chase Festival Republic for recompense?

Your views are most welcome
Nev

 

[St3v3]

Hi, who performed the U-turn?

 

[Raul]

If that would happened to me, it will be entirely my fault. Can't blame someone for my actions.
That's me.

 

[Two on Tour]

Is this a joke or April Fools

 

[martin west dorset]

Looks like more driver awareness is required, as you were driving surely it can not be the festival organisers fault or responsibility for damage you inflicted to your motorhome whilst you made the decision to do a u turn, just my thoughts tho.

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[Figaro]

No professional knowledge but I think you'd be hard pressed to attach liability to the organisers.
I think they'd expect you to be responsible for your motorhome manouvers unless you can demonstrate they were negligent.

 

[Lenny HB]

Sounds like your fault so you need to deal with it, can't blame someone else if you were driving.
If it was too tight to turn why didn't you reverse back?

 

[Oldrat]

Driver’s responsibility.

End of.

 

[Minxy]

Hi Nev, that's a bummer however it won't take a lot to fix it if you go to a body repair place rather than a MH place. I wouldn't involve your insurer at all if possible unless you have a very low excess and choose to use an expensive repairer as it will hit your future premiums.

As for who's responsible for paying for it, I'm afraid you are, you were driving and the manoeuvre didn't go as planned. If a marshall had been directing you at the time you may have had cause to make a claim but he/she wasn't. Sorry it's not what you want to hear.

 

[ChrisL]

Sadly it appears that you made the decision to turn around, presumably without a banksman, if their was a banksman and he or she were festival staff you might have a claim against the festival organisers, but other then that I doubt you will get any recompense from them.

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[RM_Marine]

I'm really sorry to hear your bad news and see the damage to "your" van but as everyone has said you decided to do the u turn and by the guess of it you where driving so it's your fault

Different if they where marshaling you into a space as they could possibly be held responsible but the fact you decided to do your actions, the responsibility lays with you

 

[Spriddler]

I was travelling behind another van driven by a friend.

Did your friend manage to turn O.K.....................?
Sorry to say so, but it's down to you.

 

[Swifter]

I feel bad about the damage but it’s a bit like blindly following a Sat Nav when it’s clear the road ahead is unsuitable. The good news is , it shouldn’t cost as much as you have been quoted for the repair

 

[meanders]

I disagree with most here and would suggest in the absence of a marshal at the turning point and the absence of any direction signage, or the unsuitable forward track not being barred, the organiser holds some liability. I suggest an email to melvin.benn@festivalrepublic.com with a delivered and read receipts set detailing your claim that their negligence in not having a marshal present, or any signage indicating the correct route, or indeed that the track going forward was unsuitable for motorhomes beyond the missed turning point. Send a copy to
Wilderness Festivals Limited
2nd Floor Regent Arcade House,
19-25 Argyll Street,
London,
W1F 7TS

Get two quotes for the repair, lay out your claim and ask that they reimburse you. Depending on their reply, you then have the option of taking teh matter to the small claims court that I suspect would rule that the organisers had some responsibility.

Good luck.

 

[Wanders from Glos]

I am so sorry to hear you have damaged your motorhome. Unfortunately, I am inclined to agree with the others. It seems to me the equivalent of when your satnav tries to send you down an inappropriate road. If you choose to follow its instructions and get stuck blocking the road, the police would hold you not the manufacturers the satnav responsible.

Unfortunately I can’t see the insurance company or the festival site interpreting things any differently. I think they will say it was your decision to drive down there and your decision to make the U-turn in the place you did rather than reverse back. Of course, if your insurance is comprehensive, they will pay for the damage but I suspect they will treat it as a claim against you. Sorry to add to the voices of doom!

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[Wanders from Glos]

I disagree with most here and would suggest in the absence of a marshal at the turning point and the absence of any direction signage, or the unsuitable forward track not being barred, the organiser holds some liability. I suggest an email to melvin.benn@festivalrepublic.com with a delivered and read receipts set detailing your claim that their negligence in not having a marshal present, or any signage indicating the correct route, or indeed that the track going forward was unsuitable for motorhomes beyond the missed turning point. Send a copy to
Wilderness Festivals Limited
2nd Floor Regent Arcade House,
19-25 Argyll Street,
London,
W1F 7TS

Get two quotes for the repair, lay out your claim and ask that they reimburse you. Depending on their reply, you then have the option of taking teh matter to the small claims court that I suspect would rule that the organisers had some responsibility.

Good luck.

At most, I suspect the organisers would be held culpable of contributory negligence meaning it would still be a claim against the drivers insurance policy.

 

[Roger S]

Dont you need to contact the insurance company with a couple of weeks of the incident if you want to claim

 

[Barti Ddu]

Get two quotes for the repair, lay out your claim and ask that they reimburse you. Depending on their reply, you then have the option of taking teh matter to the small claims court that I suspect would rule that the organisers had some responsibility.

I'm afraid that I think the OP is solely responsible and just needs to accept his error.

Regarding the Small Claims procedure - the District Judge most likely won't be prepared to make a judgement. It's only really intended for simple breaches of contract, not for issues of tort / negligence. It's more akin to arbitration. For a claim of negligence you'd need to the County Court proper, with higher stakes and the need to put forward a properly argued case / involve a solicitor.

 

[Dutch 68]

Sadly it appears that you made the decision to turn around, presumably without a banksman, if their was a banksman and he or she were festival staff you might have a claim against the festival organisers, but other then that I doubt you will get any recompense from them.

Even with a banksman it will always be the driver who had end responsibility

 

[georgendah]

I'm afraid that I think the OP is solely responsible and just needs to accept his error.

Regarding the Small Claims procedure - the District Judge most likely won't be prepared to make a judgement. It's only really intended for simple breaches of contract, not for issues of tort / negligence. It's more akin to arbitration. For a claim of negligence you'd need to the County Court proper, with higher stakes and the need to put forward a properly argued case / involve a solicitor.

Hi Barti,
I took a tile supplier to small claims on the basis that he had supplied the wrong tile and these tiles were then cemented and had to be replaced with the right tiles and removed. Small claims ruled that the tile supplier was 50% culpable and awarded me 50% of associated costs so in certain circumstances small claims will take a view.

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[Two on Tour]

Here's a copy of the map of this years festival routes from the gate colours which I presume that the OP had, and the blue route looks easy enought to follow to the motorhome parking. Surely they must have seen the motorhomes that were already parked up as they passed them on the lefthand side as they came down the track.

 

[georgendah]

I am so sorry to hear you have damaged your motorhome. Unfortunately, I am inclined to agree with the others. It seems to me the equivalent of when your satnav tries to send you down an inappropriate road. If you choose to follow its instructions and get stuck blocking the road, the police would hold you not the manufacturers the satnav responsible.

Unfortunately I can’t see the insurance company or the festival site interpreting things any differently. I think they will say it was your decision to drive down there and your decision to make the U-turn in the place you did rather than reverse back. Of course, if your insurance is comprehensive, they will pay for the damage but I suspect they will treat it as a claim against you. Sorry to add to the voices of doom!

Hi Wanders,

I have resolved to keep this out of the jurisdiction of the insurance company. I will arrange two quotes from a motorhome repairer and two from a local body shop.
I will liaise with Festival Republic regards how much responsibility they take from not ensuring that I did not take a totally unsuitable track.

I just want it repaired to a reasonable standard. The minute insurance is mentioned the cost to repair goes through the roof. One repairer told me it was two weeks work!
I will keep the forum updated

 

[georgendah]

Here's a copy of the map of this years festival routes from the gate colours which I presume that the OP had, and the blue route looks easy enought to follow to the motorhome parking. Surely they must have seen the motorhomes that were already parked up as they passed them on the lefthand side as they came down the track.

View attachment 937912

We entered via the blue gate and were waved ahead. We carried on to a point where there was a gap.We couldn't see anyone at the gap certainly no any vehicles so we carried on to the unsuitable track. We were not given a map of the site. I have attended circa 70 festivals over the last 10 years. Navigating around the site with a map is not something we have come across. We paid £200 to park the motorhome for 4 nights plus tickets. It is assumed that we are directed . That is the way Festivals are. The Festival have a responsibility to direct motorhomes to the right location.

 

[georgendah]

At most, I suspect the organisers would be held culpable of contributory negligence meaning it would still be a claim against the drivers insurance policy.

Great advice. I have followed it. Many thanks for your input. It's a difficult situation. The damage was incurred through 45 degree struts carrying barbed wire attached to concrete posts hidden in shrubbery. I should have never been in that position in a motorhome!
Thanks again

 

[Two on Tour]

We entered via the blue gate and were waved ahead. We carried on to a point where there was a gap.We couldn't see anyone at the gap certainly no any vehicles so we carried on to the unsuitable track. We were not given a map of the site. I have attended circa 70 festivals over the last 10 years. Navigating around the site with a map is not something we have come across. We paid £200 to park the motorhome for 4 nights plus tickets. It is assumed that we are directed . That is the way Festivals are. The Festival have a responsibility to direct motorhomes to the right location.

I just copied the map from the Winderness Festival website, so was avaliable to you as it has been for me.

2024 Maps

Wilderness presented by Audi is a four-day boutique festival spanning Music, The Arts, Food and Wellbeing, all set amidst the idyllic surroundings of Cornbury Park, Oxfordshire.

www.wildernessfestival.com

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[Barti Ddu]

Hi Barti,
I took a tile supplier to small claims on the basis that he had supplied the wrong tile and these tiles were then cemented and had to be replaced with the right tiles and removed. Small claims ruled that the tile supplier was 50% culpable and awarded me 50% of associated costs so in certain circumstances small claims will take a view.

Supplied wrong tiles - breach of contract - Ideal case for Small Claims procedure.

However, what you are alleging regarding the festival is that they breached their duty of care to you and were negligent - leading to the damage to your motorhome. This is not a simple breach of contract. Cases of tort / negligence (including personal injury claims - I know not relevant in your case) are not normally dealt with via the Small Claims procedure.

 

[georgendah]

Hi Nev, that's a bummer however it won't take a lot to fix it if you go to a body repair place rather than a MH place. I wouldn't involve your insurer at all if possible unless you have a very low excess and choose to use an expensive repairer as it will hit your future premiums.

As for who's responsible for paying for it, I'm afraid you are, you were driving and the manoeuvre didn't go as planned. If a marshall had been directing you at the time you may have had cause to make a claim but he/she wasn't. Sorry it's not what you want to hear.

Sound advice regards bodyshop. I will have two sets of quotes. The local bodyshop quote will be on the v
basis that there is no insurance cover.

 

[georgendah]

I just copied the map from the Winderness Festival website, so was avaliable to you as it has been for me.

2024 Maps

Wilderness presented by Audi is a four-day boutique festival spanning Music, The Arts, Food and Wellbeing, all set amidst the idyllic surroundings of Cornbury Park, Oxfordshire.

www.wildernessfestival.com

Routes into festivals change with weather and congestion. This is not done. Just saying

 

[meanders]

Supplied wrong tiles - breach of contract - Ideal case for Small Claims procedure.

However, what you are alleging regarding the festival is that they breached their duty of care to you and were negligent - leading to the damage to your motorhome. This is not a simple breach of contract. Cases of tort / negligence (including personal injury claims - I know not relevant in your case) are not normally dealt with via the Small Claims procedure.

That's not what this says! I also took a negligence case to small claims court and was awarded 80% of my claim and full costs.

 

[georgendah]

Supplied wrong tiles - breach of contract - Ideal case for Small Claims procedure.

However, what you are alleging regarding the festival is that they breached their duty of care to you and were negligent - leading to the damage to your motorhome. This is not a simple breach of contract. Cases of tort / negligence (including personal injury claims - I know not relevant in your case) are not normally dealt with via the Small Claims procedure.

If I go to small claims as part of this I would contend that a failure to direct the driver to the right entrance IS a clear breach of responsibility and that ending up in a totally unsuitable environment is a result of that breach!

If it goes to SCC I will update the forum!