Theft

[Gladiator]

Where is it cast in stone that if a vehicle is stolen from a private car park on private land that one must display a disclaimer sign stating 'no claims for theft etc blah blah, you park her at your own risk'?

And in addition if this were to happen could the car park owner be held responsible in anyway?

Precise information would be most appreciated as a matter of some urgency.

G

[dave247]

http://www.consumeractiongroup.co.uk/fo ... c-wardens/

Try this forum for a faster answer Glad

[dave247]

http://www.workplacelaw.net/forum/threa ... ad_id=1106

[Swiss Tony]

Where is it cast in stone that if a vehicle is stolen from a private car park on private land that one must display a disclaimer sign stating 'no claims for theft etc blah blah, you park her at your own risk'?

And in addition if this were to happen could the car park owner be held responsible in anyway?

Precise information would be most appreciated as a matter of some urgency.

G

If you own a car park and want to avoid responsibility for things that happen on your land due to your own negligence, then you need a sign to say so.

What is enshrined in law is that prior to anyone paying for the use of your carpark they must be aware of any terms and conditions that you wish to impose. It is no use taking their money at the entrance and then they see a sign which tries to avoid your responsibility at the other side of the car park.

I can't see that responsibility for theft is something you can disclaim about. Its your own negligence that you try to avoid damages for, not the owners, or a thief at work.

[Gladiator]

Where is it cast in stone that if a vehicle is stolen from a private car park on private land that one must display a disclaimer sign stating 'no claims for theft etc blah blah, you park her at your own risk'?

And in addition if this were to happen could the car park owner be held responsible in anyway?

Precise information would be most appreciated as a matter of some urgency.

G

What is enshrined in law is that prior to anyone paying for the use of your carpark they must be aware of any terms and conditions that you wish to impose. .

That would be free parking whilst using the facilities, much the same as at work.

G

[Swiss Tony]

No it isn't.

If you want to exclude liability for damage to vehicles whilst parked, you need to put a sign that can be read before the money is paid.

The idea is that by paying to park your car you are entering into a contract. Any terms to that contract must be known prior to entering into it. So if excluding liability for damage is a term of the contract, then whoever is parking their car must know about it before parting with money, or entering into the contract.

Thornton v Shoe Lane parking, and Olley v Marlborough Court.

If you could explain what the problem with the theft is, i may be able to help more.

[Gladiator]

No it isn't.

If you want to exclude liability for damage to vehicles whilst parked, you need to put a sign that can be read before the money is paid.

The idea is that by paying to park your car you are entering into a contract. Any terms to that contract must be known prior to entering into it. So if excluding liability for damage is a term of the contract, then whoever is parking their car must know about it before parting with money, or entering into the contract.

Thornton v Shoe Lane parking, and Olley v Marlborough Court.

If you could explain what the problem with the theft is, i may be able to help more.

You miss my point Tony; you stated:

"What is enshrined in law is that prior to anyone paying for the use of your carpark they must be aware of any terms and conditions that you wish to impose". .


I said "That would be free parking whilst using the facilities, much the same as at work" I use the example as 'similar to parking at work' You stated above that if they are paying! They should be aware of the terms and conditions. No one pays as it is free 'much the same as a works car park as staff park there as do visitors to the building; we have health club facilities, cafe and conferencing, so clearly we would not make a charge.

A bike was stolen and my original question addresses the need for any legalities to display the usual disclaimer signs stating 'vehicles are parked at your own risk and the company will not be held liable for theft of the vehicle or possessions from said vehicle'

It was the legalities on the display of signs i was after, I am fully aware of what constitutes negligence etc.

if therefore you can explain what laws are in place that state you must display disclaimers, I would be most obliged. The insurers have confirmed that there is no case for negligence.

Gladiator

[Swiss Tony]

OK, the point was missed, although i am not sure I fully understand!

Anyway, the law will say that if such and such a thing happens then xyz will be liable.

In order to avoid any liability you put up a warning sign. The law says you are liable unless the sign says you are not. The law doesn't say that you must put up a sign, and it is there to sort of sidestep the law.

So a bike was stolen. Is the owner of the bike in a position to say that they entrusted you with the care of the bike and therefore you are liable for not protecting it? They may have an argument if you pay to enter a carpark and get a ticket, and YOU let someone out without a ticket. Therefore you should accept some responsibility. But that clearly is not the case. They parked their bike in a car park, presumably locked it sufficiently and it was stolen. Just because it was on your land doesn't make you responsible for it.

If it was stolen from the road they don't hold the council responsible.

So there is no legal requirement to put up a sign, but it may be worth doing so because it is easy and may help in this sort of situation. But I can't see that not having the sign causes you any problems here.

(Have i got it right now?)

[Gladiator]

Just what I wanted.

Many thanks

Gladiator