By Peter Kaye of Linder Myers Solicitors, Manchester
This column appears fortnightly and questions can be submitted anonymously if preferred to: asklawyer@jewishtelegraph.com or by post to Legal Column, Jewish Telegraph, 11 Park Hill, Bury Old Road, Prestwich, Manchester M25 0HH or fax to 0161 740 9325 marked clearly 'Legal Column'
Neither Linder Myers Solicitors nor the Jewish Telegraph Ltd accepts any responsibility for any advice offered through this column which is purely for guidance. Always consult a solicitor
Q I HAVE had two season tickets for many years at a well known football club and my two seats are virtually on the halfway line.
The club has just written to me to inform me that because they are adding more corporate seating, our seats are being moved to the sides of the same stand - an inferior position.
I do not want that. Can I compel them to allow us to stay where we are or at least in an equivalently good spot?
A LIKE it or not, football is big business these days and
with football clubs paying players huge wages, many football clubs
attempt to maximise their revenue through corporate seating.
As these tickets tend to be more expensive, clubs feel it necessary to give them priority seating.
The small print of the season ticket contract is likely to state that the club may at any time use its reasonable discretion to substitute your usual seat with an alternative seat of equal price.
Although it is more usual to wait until the end of the season before taking away your right to sit in your allocated seat, there is also likely to be a clause in the terms and conditions which expressly takes away any right you have to renew your season ticket for last year's seat.
It is sometimes, however, the case that if you complain to the club they may try to be as accommodating as possible and, even if they are not able to help you this season, they may be prepared to do so next season.
However, as the club is likely to be oversubscribed for season tickets the formal stance may be that they will not offer any sort of compensation or compromise.
Q Someone pushed their trolley carelessly away from their car
in a supermarket car park and it hit my vehicle causing a fair amount
of damage.
The driver disappeared before I could remonstrate or take his
or her number.
I have complained to the supermarket who insist it is not their
responsibility.
A This is an all-too-familiar problem with supermarket
car parks becoming more and more busy and the cost of repairing
vehicles rising.
You have a number of options open to you, but I am afraid you may not find any of them satisfactory.
If you have fully-comprehensive insurance it is likely that your insurer will pay to have the damaged vehicle repaired.
However, it is not always worth claiming on your insurance, particularly if this would result in you losing your 'no claims discount' and, of course, it is often the case that your insurance excess may exceed the value of simply repairing the vehicle yourself.
The supermarket has a legal duty under the Occupier's Liability Act to take reasonable precautions to ensure that customers' property is not damaged while on its land.
This means that the supermarket should put systems in place to improve safety, for example, making sure that trolleys are regularly collected by an attendant and perhaps implementing a £1 deposit system on the trolleys which encourages customers to return the trolleys.
In your specific case, however, it does not seem to be a fault of the supermarket's system but rather the action of a careless customer.
You may try talking first with the supermarket to see if there was any CCTV in the car park.
If there is CCTV but the supermarket is unwilling to give you the CCTV tape then you may wish to consider involving the police.
If the individual cannot be located and insurance isn't a viable option unfortunately, in this case, you cannot pursue it further and you will have to meet the repair costs yourself.