Un'SecurePark'

spkarate

Hi, I was looking for some advice..... I paid SecurePark Heathrow to park my car whilst I was on holiday. I came back to find my catalytic converter had been stolen and initially was advised the company would cover the cost of the repair. They have now said that under the Terms and Conditions the car is parked under our own insurance therefore they will not cover the repairs. My argument is that they failed to supply the secure environment that they sold us and therefore they should pay. THey are now refusing to deal with me.

Does anyone have any experience with either this company or situation who can advise?

Thanks

PZH

Their T&C's state...

4. The company's liability The Company is not responsible for ascertaining either the physical or mechanical condition of the customer's vehicles. Should an accident occur on the public highway when driven by a company employee it will be handled by the Company insurers. All vehicles parked on the owner's insurance. All vehicles are received unchecked. The company is not responsible for ascertaining either the physical or mechanical condition of the customer's vehicle.

Which does imply that you park the vehicle at you own risk ? (Not the best T&C's)

However, they do go on to state...

The Company, its employees and agents:

i) will accept liability in respect of any loss or theft of or from or mis-delivery of or temporary failure to deliver or damage to the Customer's Vehicle or its contents that may arise only where the same is proved and to the extent that it is proved to be caused by the Company's negligence, wilful act or default or breach of statutory duty and only if the loss or damage is reported before the vehicle is driven away from the airport by the Customer.

ii) Will accept liability for defects to a Customer's vehicle, which render the vehicle unusable where the same is proved and to the extent that it is proved to be caused by the Company's negligence. The company will provide a temporary vehicle up to, but not exceeding, a small people carrier, equivalent to a Fiat Multipla type vehicle, provided the customer is able to arrange fully comprehensive insurance cover for the temporary replacement vehicle, for the period that the replacement vehicle is in the customer's custody and until returned to the company.

I assume that the car was undrivable ? Did you report it immediately ?

spkarate

The car was driveable, but the noise from lack of cat was noticeable straightaway and I phoned when I got home. The Managing Director agreed to cover the cost of repair if I produced a quote, which I have two now, but has since emailed to say that they won't cover it because of point 4 and is not answering his phone and therefore refusing to have any further contact with me. Since someone managed to get into the facility to steal my cat I'm assuming it was not secure.....

PZH

spkarate wrote: »

The car was driveable, but the noise from lack of cat was noticeable straightaway and I phoned when I got home. The Managing Director agreed to cover the cost of repair if I produced a quote, which I have two now, but has since emailed to say that they won't cover it because of point 4 and is not answering his phone and therefore refusing to have any further contact with me.

The issue will now be proving that the cat was stolen at their premises since you drove the vehicle away.

Did you get the MD to agree to cover the cost of repair in writing or just verbally?

spkarate wrote: »

Since someone managed to get into the facility to steal my cat I'm assuming it was not secure.....

Looking at their T&C's - is it possible that they may even park the car on public roads ??

Should an accident occur on the public highway when driven by a company employee it will be handled by the Company insurers.

spkarate

But they can't prove to me that the car was secure - they won't tell me where it was kept and have avoided the issue of their CCTV cameras. I am frustrated because they will not discuss the issue with me.

The offer to repair the car was done verbally, but his employees know about it becuase one of them said 'I thought he told you he'd pay for it if you got him a quote' so there are other witnesses to the offer.

ccotaxc

I would get a police report

PZH

ccotaxc wrote: »

I would get a police report

As per their further T&C's...

5. Complaints Procedures Claims cannot be considered by the Company once the Vehicle has left the airport, having been returned to the Customer by Company driver. The Customer must check the vehicle before leaving the airport. Should the vehicle or its contents have suffered damage or loss whilst in the care of the Company, the Customer must immediately inform the Driver of the occurrence. In cases of theft, the Customer must inform the Police immediately and notify their insurers. Before handing the Vehicle over, the Customer should make sure that all the windows are securely closed and that nothing of value is left in the Vehicle. The Company cannot accept responsibility for loss of valuable items left in the Vehicle.