Newbie needs your opinion after altercation with a height restricting barrier (2 Viewers)

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Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
Hello everyone and apologies for the long post!

We are new to the world of motor homes and have recently acquired a Burstner TD 744 which we love. Yesterday we set off for our second trip and stopped at our regular supermarket to pick up some supplies. Our MH is 3m high and this is the first time we have parked at this location in it though we visit regularly in our car.

As you can see from the pictures there is a height restricting gate which limits entry to vehicles of 2.6m. The gate is always open (as you can see from the photo) so we have never even realised it is there or that any restrictions are in place, perhaps it is shut when the store closes but we don’t really know. The access is two way and allows vehicles to both enter and leave. We parked away from the crowd did a quick shop and drove to a different exit to leave as we usually do. This is where we met a fixed height restricting barrier which we did not notice until it was too late. It looks like damage is ‘limited’ to the hab air on unit which will likely need replacing but the rest of the van seems unscathed.

So here’s where I would welcome your thoughts….the exit barrier was painted dark grey and has no signage at all. Furthermore the horizontal bar which would normally give you warning of impending danger was missing. When driving, you do not have the barrier ahead of you but have to turn right to go through it. The picture attached shows the barrier from the road with bits of the aircon cover still on the ground though we’d removed the larger bits of debris. We would prefer not to claim on insurance and
So here’s where I would welcome your thoughts….the exit barrier was painted dark grey and has no signage at all. Furthermore the horizontal bar which would normally give you warning of impending danger was missing. When driving, you do not have the barrier ahead of you but have to turn right to go through it. The picture attached shows the barrier from the road with bits of the aircon cover still on the ground though we’d removed the larger bits of debris. We would prefer not to claim on insurance
So here’s where I would welcome your thoughts….the exit barrier was painted dark grey and has no signage at all. Furthermore the horizontal bar which would normally give you warning of impending danger was missing. When driving, you do not have the barrier ahead of you but have to turn right to go through it. The picture attached shows the barrier from the road with bits of the aircon cover still on the ground though we’d removed the larger bits of debris. We would prefer not to claim on insurance and wonder if at least part of the liability lies with the supermarket.

Thank you for reading this far! The MH is going into the dealer tomorrow so we will find out then just how painful this is going to be.

IMG_3197.jpeg
IMG_3198.jpeg
IMG_3199.jpeg
 

Jim

Ringleader
Jul 19, 2007
37,233
137,050
Sutton on Sea, UK
Funster No
1
MH
Adria Panel Van.
Exp
Since 1988
Ouch. You are right. That is a small sign warning about the height going in and zero going out.

It's stupid to have the entrance unrestricted and then restrict you leaving with no warning! I'd definitely be writing to someone and try and recover some money.

After a while, you'll become acutely aware of your width and height, but as a Newby it can catch you out. Best of luck (y)
 
Apr 3, 2019
1,757
3,347
UK
Funster No
59,597
MH
Burstner Travel Van
Exp
Few years now
Did you raise with with the store at the time and take pictures before you cleaned up?? It may be easier to prove negligence on their part if you had.
Hope you get it sorted.
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
Did you raise with with the store at the time and take pictures before you cleaned up?? It may be easier to prove negligence on their part if you had.
Hope you get it sorted.
Thank you and yes, we went straight back and filed a report with the duty manager who even said that she couldn’t understand where the horizontal bar had gone and that it wasn’t lying around anywhere. She stated this on her report. We have kept all the bits though our concern at the time was to clear the way for other motorists using the exit,
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
Ouch. You are right. That is a small sign warning about the height going in and zero going out.

It's stupid to have the entrance unrestricted and then restrict you leaving with no warning! I'd definitely be writing to someone and try and recover some money.

After a while, you'll become acutely aware of your width and height, but as a Newby it can catch you out. Best of luck (y)
Thanks, I have details to write to. I wanted to check that I wasn’t being completely unreasonable in expecting the hazard to be made more obvious.
 

funflair

LIFE MEMBER
Dec 11, 2013
20,039
32,972
Guisborough
Funster No
29,351
MH
MORELO palace
Exp
since 2012
I am sure they will say it's not a public road, either way I think that you have a good argument that the barrier was not properly maintained as it should have the nudge bar attached if nothing else, and they let you in without any restrictions.

Height Restriction Barrier RegulationsThe Health and Safety Executive (HSE) indicates the standard minimum clearance on a public road as 5.03 metres. Any clearance less than this must be clearly marked before and on or at the structure. The marking or beam should be at least 75mm less than the restricted height.
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
I am sure they will say it's not a public road, either way I think that you have a good argument that the barrier was not properly maintained as it should have the nudge bar attached if nothing else.

Height Restriction Barrier RegulationsThe Health and Safety Executive (HSE) indicates the standard minimum clearance on a public road as 5.03 metres. Any clearance less than this must be clearly marked before and on or at the structure. The marking or beam should be at least 75mm less than the restricted height.
That’s perfect! Thank you 😁

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Jul 4, 2018
1,350
1,739
Bristol
Funster No
54,738
MH
Weinsberg
Exp
A few years.
Ask for their CCTV, as the sign says.

Maybe to stop out of hours over night parking?
 

HKF

LIFE MEMBER
Jul 18, 2021
2,866
5,554
The Charente, France
Funster No
82,778
MH
Benimar Europe 740
Exp
Since August 2021
Thanks, I have details to write to. I wanted to check that I wasn’t being completely unreasonable in expecting the hazard to be made more obvious.

I don't think you're being unreasonable at all. It's a busy car park, so not only do you have to look out for other vehicles, pedestrians and stray trolleys, you're also expected to spot a dark barrier on the way out when they're wasn't one on the way in!

I also noticed they sign saying the car park is monitored. Perhaps you can request a copy of the CCTV. It may show that it was a particularly busy day, or that there were pedestrian nearby, to back up your claim that you had enough to look out for without having to notice the barrier blocking your exit. It doesn't make sense that they allowed you in but restricted your way out.

Good luck!..........and welcome to the FUN :)
 
Apr 11, 2015
5,812
60,039
hull
Funster No
35,812
MH
Laika Ecovip 300
Exp
since 1988 with breaks until 2009
Do feel for you, at least when this happened to me in a Blackpool carpark i could see it and was able to have someone stop traffic to let me out the entrance.
Good luck with the repairs and the complaint and don't let it spoil your enjoyment.
 
Dec 6, 2011
12,175
27,216
South Wales
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19,136
MH
Coach built Adria
Exp
Since 2007
Ouch! That is really poor on their part.

It appears that you have done all the right things, be interesting to hear what they have to say.

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Oct 12, 2009
11,491
25,438
SW London, Poland and all Europe
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8,876
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A Class N+B Arto 69GL
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Since 2009
I am sure they will say it's not a public road, either way I think that you have a good argument that the barrier was not properly maintained as it should have the nudge bar attached if nothing else, and they let you in without any restrictions.

Height Restriction Barrier RegulationsThe Health and Safety Executive (HSE) indicates the standard minimum clearance on a public road as 5.03 metres. Any clearance less than this must be clearly marked before and on or at the structure. The marking or beam should be at least 75mm less than the restricted height.

My reply would have been similar.

As to whether it is a 'public road' that may be defined as a road to which the public has access but needs checking. Anyway one could argue that responsible company like Waitrose should follow those guidelines as being 'best practice'. I also wonder whether the red/white stripes on barriers is a recommendation. Grey seems to be not a colour that attracts attention to a danger.

I should not press them too hard initially, as being Waitrose I think they may come good on their own initiative. If they refuse then go for a claim, as on the face of it you have a good case.


funflair (Martin). I always wondered what minimum bridge height had to be in UK without warning signs, so thanks for that. 5.03m seems strange and is 16' 4" so not a round figure in Imperial either. Many of the bridges in Poland, even on main roads are much less, so artic trailers are lower and longer.
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
My reply would have been similar.

As to whether it is a 'public road' that may be defined as a road to which the public has access but needs checking. Anyway one could argue that responsible company like Waitrose should follow those guidelines as being 'best practice'. I also wonder whether the red/white stripes on barriers is a recommendation. Grey seems to be not a colour that attracts attention to a danger.

I should not press them too hard initially, as being Waitrose I think they may come good on their own initiative. If they refuse then go for a claim, as on the face of it you have a good case.


funflair (Martin). I always wondered what minimum bridge height had to be in UK without warning signs, so thanks for that. 5.03m seems strange and is 16' 4" so not a round figure in Imperial either. Many of the bridges in Poland, even on main roads are much less, so artic trailers are lower and longer.
That’s a really good point so I did a quick Google and this is what the Highway Code says …see picture

IMG_0663.jpeg
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
That was from HERE if you want to do a bit of reading, I also added a couple of other thoughts just after you quoted my post ;)

Just don't tell them your forum name :LOL:
Some bedtime reading and hoping that retirement hasn’t dulled my brain to the point where I can’t craft a compelling email. Luckily my husband was driving not me or I would never have heard the end of it 🥴
 
Dec 6, 2011
12,175
27,216
South Wales
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19,136
MH
Coach built Adria
Exp
Since 2007
Some bedtime reading and hoping that retirement hasn’t dulled my brain to the point where I can’t craft a compelling email. Luckily my husband was driving not me or I would never have heard the end of it 🥴
Are you sure it’s not still your fault? I am sure he remembers you insisted on going to Waitrose 🤭🤣🤣
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
Do feel for you, at least when this happened to me in a Blackpool carpark i could see it and was able to have someone stop traffic to let me out the entrance.
Good luck with the repairs and the complaint and don't let it spoil your enjoyment.
We won’t, at least not once our Dolly Trolley is back from repair. Until then….😩
 
Sep 3, 2012
7,961
27,243
Cheshire
Funster No
22,759
MH
C Class Elddis 175
Exp
8+ years
Unfortunately the store will probably deal with your claim through thier insurers which may need to involve yours.
But best of luck .I would list the damage and obtain estimates for the repairs and submit them to thd shop.
You may find that thier insurers will use their get out clause that it is you who are responsibility for any damage etc occurring in thier car park which you use at your own risk. Or a clause similar.
Just check around to see if there are any signs.
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
Unfortunately the store will probably deal with your claim through thier insurers which may need to involve yours.
But best of luck .I would list the damage and obtain estimates for the repairs and submit them to thd shop.
You may find that thier insurers will use their get out clause that it is you who are responsibility for any damage etc occurring in thier car park which you use at your own risk. Or a clause similar.
Just check around to see if there are any signs.
I’m looking at a piece of paper that I was given by the store manager. Amongst other things it says ‘….we won’t be able to consider paying for any repairs unless the damage was caused by the negligence of Waitrose or its employees.’ I’ll be arguing this corner.
 
Oct 12, 2009
11,491
25,438
SW London, Poland and all Europe
Funster No
8,876
MH
A Class N+B Arto 69GL
Exp
Since 2009
Unfortunately the store will probably deal with your claim through thier insurers which may need to involve yours.
But best of luck .I would list the damage and obtain estimates for the repairs and submit them to thd shop.
You may find that thier insurers will use their get out clause that it is you who are responsibility for any damage etc occurring in thier car park which you use at your own risk. Or a clause similar.
Just check around to see if there are any signs.

Your claim is against Waitrose.

No need to involve your insurers, unless you want to make a claim. However, you do need to inform them of an accident but emphasise that this is for notification purposes only and that IT IS NOT A CLAIM. You can claim at a later date if you wish.
 

funflair

LIFE MEMBER
Dec 11, 2013
20,039
32,972
Guisborough
Funster No
29,351
MH
MORELO palace
Exp
since 2012
I’m looking at a piece of paper that I was given by the store manager. Amongst other things it says ‘….we won’t be able to consider paying for any repairs unless the damage was caused by the negligence of Waitrose or its employees.’ I’ll be arguing this corner.
Neglected to properly sign and maintain said barrier 👍
 

denisejoe

LIFE MEMBER
Aug 6, 2014
5,758
14,730
Warden isle of sheppy
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32,702
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If it was where the photo was taken I would have said it’s not an exit as no entry sign and road marking unless it’s the wrong side to take the photo
 
OP
OP
D
Jun 14, 2024
32
119
Suffolk, UK
Funster No
103,819
MH
Burstner LH 744
Exp
Newbie
If it was where the photo was taken I would have said it’s not an exit as no entry sign and road marking unless it’s the wrong side to take the photo
It is an exit and signs point to it. As I mentioned in my overly long post I took this photo from the road rather than inside the car park (which is what I should have done) Hubby was pretty stressed out by this stage, we were illegally stopped in a bus stop and I didn’t want to ask him to go around again.

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