Legal advice - Fined for being stuck in a lift...

GSDog · 17 Jan 2014 at 18:10

I'm currently in Dublin on holiday with friends. Last night 8 of us got into a passenger lift at my friends apartment block. The lift suddenly came to a stop between the second and first floors and said it was 'Out of service'.

We spent 10 minutes pushing the emergency button but it didn't seem to be doing anything, so I dialled 112 (the emergency number) and requested the fire brigade. It was a further 30 minutes or so before the fire brigade managed to open the doors and release us, during this time I was panicking due to the heat and lack of oxygen, etc.

To cut a long story short the company contacted us today and demanded 280 euros for the lift engineer fees... They have said that they are charging my friends card, which he is obviously not happy about. They are trying to claim that the lift was overcrowded (it is an 8 passenger lift with a 650KG limit, there was 8 of us and we are not over that weight) or that we were messing about in it, which wasn't the case.

Any advice would be appreciated.

booyaka · 17 Jan 2014 at 18:13

How have they got your friends card details?

On what grounds are they charging you - ask for a copy of the engineers report that confirms the faults.

Tell them that you will counter-sue them for emotional stress caused by the lift breaking down.

GSDog · 17 Jan 2014 at 18:16

They have his card details because he had to leave a deposit.

I forgot to add - all of the people stuck in the lift including myself were not actually customers of the apartment, we were just visiting friends who are staying there... However they're trying to fine the people who were not even in the lift!

Hyburnate · 17 Jan 2014 at 18:16

I'd be inclined to get your friend to ring his bank and say that if a payment for 280 euros is taken to bounce it. Might loose his tenancy agreement however :/

GSDog · 17 Jan 2014 at 18:20

He's only stay there for a week and returns tomorrow. It's just a holiday apartment. I think they've already taken 200 euros deposit from his bank account.

Apparently they've also already put a 280 euro hold on his bank account.

[TW]Fox · 17 Jan 2014 at 18:20

There has to be more to it.

Raymond Lin · 17 Jan 2014 at 18:23

Isn't it why you pay a maintenance charge?

GSDog · 17 Jan 2014 at 18:24

Honestly, there isn't and this is why I am on here asking for advice. They are claiming that we overcrowded it or jumped inside it causing it to seize... There were only 8 of us in there and we were not jumping around or anything to cause it to break.

Herman Gelmet · 17 Jan 2014 at 18:26

GSDog said:
Honestly, there isn't and this is why I am on here asking for advice. They are claiming that we overcrowded it or jumped inside it causing it to seize... There were only 8 of us in there and we were not jumping around or anything to cause it to break.

So, do they have evidence of this happening?

Hyburnate · 17 Jan 2014 at 18:27

If he rings his bank I'm sure they'll be able to do something. He may get taken to small claims, but chances are the case wont go far, unless they can prove it they can **** off. What was the contract agreed too? Anything in there about maintenance?

GSDog · 17 Jan 2014 at 18:27

Herman Gelmet said:
So, do they have evidence of this happening?

No, they don't have anything as far as I know. Just us being stuck in a lift and reporting it.

Cosimo · 17 Jan 2014 at 18:30

[TW]Fox;25677283 said:
There has to be more to it.

There usually is.

Herman Gelmet · 17 Jan 2014 at 18:30

GSDog said:
They don't...

...and do you have proof that there were only 8 people in the lift? Did the emergency team count them all spilling out?

Dano · 17 Jan 2014 at 18:32

GSDog said:
and lack of oxygen, etc.

Any advice would be appreciated.

You are not going to die from a lack of oxygen in a standard apartment lift... Lol.

Housey · 17 Jan 2014 at 18:34

Smelly story, spill the back story and then advise might be meaningful.

GSDog · 17 Jan 2014 at 18:35

Herman Gelmet said:
...and do you have proof that there were only 8 people in the lift? Did the emergency team count them all spilling out?

Yes, when I phoned the emergency services I told them there were eight and the fire brigade counted us.

Housey · 17 Jan 2014 at 18:39

What proof has the company provided to support their claim that you overloaded the lift? If there is non then I would speak to the bank if it's a credit card and seek legal recourse. I suspect however that your story is missing some bits that we need to understand.

Herman Gelmet · 17 Jan 2014 at 18:41

The fact that the lifts emergency button didn't work, and it malfunctioned with 8 people at below the maximum total weight, could mean that the lift has not been properly maintained, and could be very dangerous.

esoteric · 17 Jan 2014 at 18:47

I thought lifts if overloaded wouldn't operate.

Anyway if they have no proof even if you were larking about it then they can't take you to court. They would have to prove your guilt, and how can they?

What they did with taking money from your mate comes down to theft if they have no proof, so counter sue them if they take you to court.

I did the math on the lift and weight per people, an average of 12.7 stone per person if there was 8 of you would hit the 650Kg limit. So if you are in court you want evidence of everyone's weight and people in the lift.

Numbers don't lie, or so I'm told.

Herman Gelmet · 17 Jan 2014 at 18:47

...and they are just trying to charge you for the danger and inconvenience you all experienced, rather than trying to ensure that the lift is safe and apologising for their failure to properly maintain it.