Car Scratched in Works Car Park - The Law

bignred05

My car has recently been keyed whilst parked in my works car park, where I pay a monthly fee to park
the car park I am in is open plan with open access where as the other two car parks near by are locked and fenced in.

I have read on the internet

The law says that if you are being charged for a service (ie parking), the car park owners must take "every reasonable care" to protect your car and contents. Disclaimer signs like "We do not take responsibility" mean nothing in law. By paying your work you would have a contract with them.


anyone advise on this law, where or what is it covered by

Thanks

sangie595

That quote which I assume you copied from Digital Spy word for word, was, in turn, copied from Yahoo, and originated on a US car insurance site. I can find no such "law" in the UK - and I would be surprised if anyone could find it in the USA either, because it sounds totally unenforceable.

bignred05

sangie595 wrote: »

That quote which I assume you copied from Digital Spy word for word, was, in turn, copied from Yahoo, and originated on a US car insurance site. I can find no such "law" in the UK - and I would be surprised if anyone could find it in the USA either, because it sounds totally unenforceable.

So much for that then, an expensive day at work for me

Thanks anyway

Transformers

Have you reported it to the police? Was it just your car or a number of cars? Any CCTV?

Unless you can show your company was negligent and contributed to the damage then I can't see how you feel it's their responsibility.

What does you insurance company say on the matter?

TBagpuss

There are general rules about reasonable care (occupiers liability) but like everything else, the issue is what is reasonable in any given circumstances.

You'd have to show that :
- the harm you suffered was reasonably forseeable
- that they knew or should have known of the risk
- that there were reasonable steps they could have taken to stop or prevent the harm occuring and that they failed to take those steps.

I think you would fail on in this case you could argue that it was forseablthat vehicles might be scratched or keyed, but fail on shpwing that they could have prevented this or should reasonably be expected to do so.

dacouch

TBagpuss wrote: »

There are general rules about reasonable care (occupiers liability) but like everything else, the issue is what is reasonable in any given circumstances.

You'd have to show that :
- the harm you suffered was reasonably forseeable
- that they knew or should have known of the risk
- that there were reasonable steps they could have taken to stop or prevent the harm occuring and that they failed to take those steps.

I think you would fail on in this case you could argue that it was forseablthat vehicles might be scratched or keyed, but fail on shpwing that they could have prevented this or should reasonably be expected to do so.

This is spot on and I would add as an example, that in most cases it would not be classed as being "reasonable" to expect the employer to have say a full time security guard on site as the cost would be prohibitive.