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brmoore

Joined:

Jul 10

Posts: 68

brmoore says:

Damage caused on company parking

Just a quick question, during the bad winds on last thursday my bike was parked at the back of my place of work but at the corner of the building, i think what happened was that the very high winds funnelled down the side of the building along the roadway and parking spaces, but couldn't go where the building was and couldn't go the other side due to hedges etc, so my bike was under so much force it was blown over.

Security called me to say my bike was down, initially i thought it was hit by the mini(car) but it fell towards the mini not away and damage is consistant with a drop but due to R&G crash protection, its all cosmetic, however as a fully faired bike, damage goes to £910 to replace it all, thats including shipping ec, ive already replaced the clutch lever, i did buy rear indicators too but they were wrong so i gotta sell those and cant return them as i had to open it to see they were wrong, long story for that though, the question is really

I've already told the guy in charge of facilities(its a nationwide company) that the bike parking spaces are crap, there will be a post on here actually but nobody could advise me in my complaint, well now with £910 worth of damage caused due to where my bike was(not sheltered from this wind in any way) can I sue this company for bad placement of the parking spaces...its not for bikes in any way its literally the last corner they couldnt fit a car in as a hedge cuts into it.

It'd be a massive help if anyone can let me know, im a perfectionist with my bike all this damage is a living nightmare, right on my birthday, had to miss motorcycle live which is currently on as well, and now all my money(and hundreds more i dont even have yet) has to go into bloody repairs...

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  • Posted 2 years ago (28 November 2012 15:27)

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AdieR

Joined:

Apr 08

Posts: 3042

AdieR says:

Depends

many car parks have "park at your own risk" signs / policies.

Check your site car park, and your contract of employment.

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smidget

Joined:

Nov 07

Posts: 2432

smidget says:

As

you bike fell over due to the power of the wind I don't see how you can hold anybody responsible for this, insurance companies will view this as an 'act of god'.

This is one of those instances where you will have to claim off of your own insurance, as long as you have full comprehensive cover.

Sorry but thats how I see it.

Don't see how your contract of employment has anything to do with it though.

 

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AdieR

Joined:

Apr 08

Posts: 3042

AdieR says:

Smidget

I suggested contract of employment because my employers have specific rules (made clear on induction) regards on-site access / parking.

Admittedly however, my employer is probably more stringent than many others in this regard.

Hope that clears things up.



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smidget

Joined:

Nov 07

Posts: 2432

smidget says:

AdieR

Sorry but I still do not think any employer would include into a contract of employment a clause to do with employees motorcycles being blown over in strong winds.

As you say your employer has 'rules' regarding parking on site as do many other companies, this is quite common and these rules are to prevent the car park to be used sensibly also giving the employer the option to stop on site parking if so desired but they are not, I would hope, a part of your contract of employment.

My contract of employment, when I last had one dealt purely with the terms and conditions to do with the work I was expected to do, how I did it and what was expected of me whilst I was on the company premises, my hours and the renumeration I was to get, dress code, however car parking and what would happen if my bike was blown over in adverse weather conditions didn't get a mention.

However, when a part of one of their buildings came off in adverse weather conditions and landed on mine and two other employees cars they did pay for the damage and arranged alternative transport for us without any quibble, this was despite the 'park at your own risk' sign.

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MarcusMarsh

Joined:

Aug 09

Posts: 2721

MarcusMarsh says:

Liability

Sorry ot hear your bad news.  These things are a real ache when you take pride in your bike. 

As others have suggested you might check your company rules but basically, the question is a simple one - does your employer have an obligation to provide you with secure parking arrangements for your bike?  And if so, secure from what?  I think once you have checked you will find that the answer to that is no. Other than that I think it's unrealistic to expect them to be responsible for the wind.     

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brmoore

Joined:

Jul 10

Posts: 68

brmoore says:

wind

thanks for the replies guys but you've all missed the key info, I told the guy the bike parking was crap and in a bad position, had my bike not been where HE TOLD ME to park, it WOULD NOT have blown over...

 

THAT is my argument....not that wind exists

 

I have repaired the majority of it with OEM parts already(or better). However it's hit me in the christmas period because of that twat, soon as my bikes back up and running I can assure I will never be parking in the bike spots ever again, there is no law against me being in the car spots and now I have one hell of a reason to ignore him when he comes back to me about it again(i started in the car spots originally telling him as said, the bike spots were crap and not even proper parking), in fact I have about 914 reasons(£) to park in car spots from now on...the cars will also act as wind shelter for the future, none of the car spots are in such bad places as well...they'er all nicely spaced with room in good positions, go figure.

 

another bike parks just off a fire exit...never gets told anything, others park in bicycle areas, never get told anything etc etc...only seems to matter when it affects the idiots in their comfy cars, makes me even more mad...more views that bikes are not also vehicles on the road, how am i worth less as 1 person with a vehicle than a car driver, who is only 1 person...with a vehicle, but he gets the space and i don't i also told him, well i can just bring a car and take the same space and he had no answer to this...thats what led to my parking in the rubbish bike spots on the blind corner which usually has half a car bonnet parked on it just to add to the annoyance, car driver never gets told off for that ironically

 

anyway thats the background to this

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smidget

Joined:

Nov 07

Posts: 2432

smidget says:

brmoore

Sorry to say but I did not miss the information you previously posted.

As it is company property you are parking on, you are doing this at the discretion of your employer and therefore, they can and will dictate where you park. They can if you become unco-operative about parking issues ask you to not bring or park any of your vehicles onto company property.

But the quicker you accept it was not their fault for the damage to your bike the sooner your blood pressure will go down.

Having said that I do understand how you feel, but in the end it is just one of those things put it down to experience and move on.:mellow: 

 

 

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Foby

Joined:

Aug 12

Posts: 32

Foby says:

Company Car Park Damage

As in above posts you usually park at your own risk on company property BUT it might be worth a chat if your in a union with the shop steward to show that the bike parking is not fit for purpose. It might not do anything to help your present case but may help for bike parking in the future. just a thought mate and sorry to hear about you bad luck:upset:

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Rotop

Joined:

Sep 12

Posts: 124

Rotop says:

Mate...

You knew the space wasn't adequate / safe because you complained about it to the site manager. 


Use a car space next time.

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brmoore

Joined:

Jul 10

Posts: 68

brmoore says:

.

"Mate...

You knew the space wasn't adequate / safe because you complained about it to the site manager. 


Use a car space next time."
 
I did...read further posts above...

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