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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71043
Experience:  Over 5 years in practice
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My cycle was left in a supposedly secure under ground car park,

Customer Question

My cycle was left in a supposedly secure under ground car park, and secured to cycle rails provided by managment company. It was then stolen due to faulty door and insecure cycle rails do I have a claim against them? There are no signs in the car park regarding "items left at owners risk"
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

Whats the value please?

Was there elsewhere you could park it?
Customer: replied 4 years ago.
£900 cycle was secured to other railings
Landlord supplied new cycle railings and asked residents to move cycles there, garage door was faulty and cycle racks had incorrect bolts fitted the simply unscrewed them and stole three bikes.
Expert:  Jo C. replied 4 years ago.

I think you are going to struggle to claim from the car park I'm afraid but I will tell you if I see a claim.

What does the contract between you and the car park owners say about loss or security?
Customer: replied 4 years ago.
The car park is maintained by property managment company, I live in a privately rented flat with car park below.
There are no disclaimer signs pestered in there.
Expert:  Jo C. replied 4 years ago.

I presume that you simply have the right to use the car park in your rental agreement or tenancy agreement?

Unless there is anything which specifically says that they will keep it secure, or unless you can prove that they have been negligent in some way and that they are supposed to keep this car park secure as part of their management duties you have no claim I'm afraid.

However, from the details you give me about the faulty door and the incorrectly bolted racks, I think you possibly do have a claim against the management company in negligence as do the other two cycle owners.

You will have to prove exactly what was wrong with the garage door, which bolts were fitted and what should have been fitted. you will also have to prove that if this had been done differently the loss would not have occurred.

I think you probably do have a claim, but it is not going to be an easy one to bring although, overall, it is worth letting a Judge decide. The costs order is not onerous as this is a small claims court sum.

Can I clarify anything for you?