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Joshua, Lawyer
Category: Law
Satisfied Customers: 31701
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Got my motorbike stolen from my bay in my car park which is

Customer Question

Hi. Hi got my motorbike stolen from my bay in my car park which is shared with other resident. We paid for this bay and we pay a service charge monthly for it. I would like to make a formal complaint to L&q as I emailed the property manager about do a dig in the car park so we, motorbikes could park our motorbikes securely. I was denied to that and now my motorbike was stolen. Now they are saying that we can look at this digging to allow us, motorbikes, to place our chain.
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I've reported to police
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm waiting on cctv images
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 14 days ago.

I'm very sorry to read of the above. May I confirm if there has been any particular history of theft from the car park in question please?

Customer: replied 14 days ago.
Hi Joshua. Not in the car park particularly but in the area yes
Customer: replied 14 days ago.
I would like to know if there is anything to pick as I was denied to have a dog to place a chain on the floor to make my parking more secure.
Customer: replied 14 days ago.
a dig and not a dog
Expert:  Joshua replied 14 days ago.

thank you. The starting point is a car park operator will not owe a particular duty of care to the people parking within the car park unless you can establish negligence on the part of the car park operator.

In circumstances such as this, to establish negligence, you would need to be able to establish that there has been a history of theft of which the operator has been aware and they have not taken reasonable steps to address that risk. Your reference to thefts in the local area is unlikely in and of itself to be sufficient to establish the level of negligence required. Obviously, the theft of your bike assists in doing so albeit at significant personal cost to yourself.

Accordingly, a continuing refusal to install reasonable and proportionate additional security having experienced a theft may make it easier to establish negligence if there is a further theft in the future though of course it does not assist directly in respect of the theft of your bike with no prior history of theft within the car park.

Customer: replied 14 days ago.
Understood. Thank you very much.
Expert:  Joshua replied 14 days ago.

I'm glad the above answers all your questions for now although I am sure likely not as you would have entirely hoped. If you have any follow up questions please revert to me.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.