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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice
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The local authority was / is carrying out external decks and

Customer Question

The local authority was / is carrying out external decks and one of the areas to be decorated was individual personal balconies. The company had moved my daughters bike from my balcony and placed it on the scaffold and it went missing from the scaffold.

I reported it to the police and gave the company the crime reference number etc and the company insisting that I clam it off my insurance which I am refusing to do due to the cost implication to me and I don't see why I should.

Letters was sent out instructing the removal of the things on the balcony which I did clear the majority of it into storage but left the bike and buckets and things but because they did not start the work when they said they were going to I returned the those items to the balcony.

It was on the 21st of March that I notice the bike missing but I know for a fact it was there 2 weeks prior because I went to the balcony for the mop and it was there.

Please advise me on my legal rights

Kind Regards

Jacqueline

The bike went missing from the
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What is the value of the bicycle?
Customer: replied 3 years ago.
The value of the bike £169.99
Expert:  Jo C. replied 3 years ago.
I don't see why you should have to put this through your own insurance company. It is highly likely that this would not have occurred had the scaffolding not been in place and had the bicycle not been moved onto the scaffolding. I think you have a claim against the council and the contract is in negligence.

Of course the council and the contractors are simply likely to tell you that you should claim on your insurance however I think they should pay up or pay on their insurance.

However regardless of what I say they should do, if they will not do, you have no option but to issue small claims court proceedings which you can do quite easily by following this link

www.moneyclaim.gov.uk

It is not expensive and a judge will decide whether they should pay you or should not.

There is just one thing which I must emphasise and that is that you may have to prove to the judge's satisfaction that if the scaffolding had not been there, the thief would not have been able to get access and the bicycle would not have been stolen.

Can I clarify anything for you?
Customer: replied 3 years ago.

Hi Jo


 


The property is on the 3rd floor if you count the ground floor as floor 1. The bike would not have been stolen if the scaffolding was not erected.


 


 

Expert:  Jo C. replied 3 years ago.
In that case, I think you have a clear-cut case against the scaffolders/local authority