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Company Car Parks - Employers Liability


106.
H K
Member - 1 post
7 Nov 2011 3:06PM

What if your car was damaged by another employee in a company car park but security did not have adequate CCTV on location resulting in no way of finding the culprit. Is the company then liable for the damage for not having adequate CCTV on location (this has occurred multiple times in this carpark so security are aware of the issue)


105.
Colin Gibbs
Member - 1 post
31 Oct 2011 3:33PM

Julian your statement "The company is also at risk, should these kids have an accident or injure themselves by getting hit by a car or through their own vandalism the owners could be liable as they know about the problems and failing to act"

it has been brought to my attention that we have children wandering about are carpark is there something we can do to prevent the possibility of one getting run over at present we cannot errect gates as visitors are in and out al day and it is a shared car park, signage is no use all other safety matters are addressed ie lighting and segregation of pedestrians etc its kids as young as 2 and three that drivers may not see until its to late
any help would be gratefully recieved


104.
Jacqui Parker
Member - 0 posts
21 Feb 2011 5:39PM

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103.
rikki white
Member - 0 posts
8 Feb 2011 12:06PM

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102.
rikki white
Member - 0 posts
8 Feb 2011 11:47AM

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101.
Barry Lang
Member - 416 posts
21 Jan 2011 11:38AM

Hello

Is it still the company,s carpark.

Barry


100.
patrick fayle
Member - 1 post
21 Jan 2011 10:13AM

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99.
Andy K
Member - 75 posts
19 Jan 2011 5:37PM

Does liability change if the company goes from a first come first parked system to a parking permit system?
Does this effect the insurance required?
Does this give any tax liabilities?


98.
James Fairchild
Member - 862 posts
11 Dec 2010 2:42PM

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97.
lee murphy
Member - 0 posts
10 Dec 2010 9:08PM

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96.
craig lucas
Member - 0 posts
9 Sep 2010 6:02PM

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95.
M Davies
Member - 0 posts
18 Aug 2010 11:49AM

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94.
jenny thomas
Member - 0 posts
19 Jun 2010 12:37AM

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93.
James Fairchild
Member - 862 posts
20 May 2010 9:46PM

I would say almost definitely. Given that a windscreen (?) could easily cost £500 with fancy curved shapes and heating elements, you should send the school an invoice, then a 14 day final demand letter, then a county court claim.

Thats the theory anyway. As you are an employee there, you might want to go softly softly. Be aware of course that its likely to be the games teacher who is put on a disciplinary here.


92.
Christine Woodman
Member - 1 post
6 May 2010 11:37AM

My car was parked in the car park provided by my employer (a school) and was then damaged by a cricket ball being used as part of a school cricket match. Does the school have any liability for the damage caused?

Christine


91.
jon jon
Member - 0 posts
30 Apr 2010 6:54PM

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90.
jon jon
Member - 0 posts
29 Apr 2010 11:40PM

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89.
Colin
Member - 14 posts
17 Feb 2010 8:15AM

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88.
Anon
Member - 369 posts
16 Feb 2010 7:18PM

Christina, Who told you that?
The Police don't always know the actual law, that would be impossible as there is so much; An example, a friend of mine wouldn't answer the door to a bailiff who was trying to gain entry to her flat.
She knew the law, as she had recently passed A levels in law, and her papers dealt with this type of incident.
The bailiff was looking for the previous resident and not her, but called the Police who told her that Bailiffs have a right of automatic entry, she had to call her tutor (who had a doctorate in law) to attempt to explain this to everyone.
The point is don't expect your Employers to hold their hands up, this could cost them in higher insurance rates, nor the Police, as they cannot know all law.

IMO, I would seek legal advice before continuing with this matter, even CAB would be able to help.
And a phone call to your insurers may help too.

I simply cannot see that (presumably) wilful damage done to your property should in any way leave you out of pocket, and (presumably again) as you were not driving the car, it is merely property in the eyes of the law


87.
Julian Wilkinson
Member - 185 posts
16 Feb 2010 11:07AM

If its company property the RIDDOR will apply and you should investigate the matter to see what caused the slip or trip to prevent a further occurance.


86.
Barry Lang
Member - 416 posts
16 Feb 2010 10:58AM

Hello

Did they slip on the floor and of course occupiers liabilty insurance would cover it as they were on work premises.

Barry


85.
David Stevens
Member - 1 post
16 Feb 2010 8:43AM

Hi, bit of a different angle…what if an employee parks their personal car in their staff car park on a Monday morning and as they are getting out of the car, slip and injure their leg resulting in them returning home and taking the rest of the week off sick. Is this an injury at work and thus reportable?


84.
Christina Williams
Member - 1 post
12 Feb 2010 7:43PM

Hi,
I work in a residential childrens home, recently one of the children who I look after caused £1300 worth of damage to my car. I did report it to the police (incidentally the principal moaned as I didn't consult him before I phoned the police, as per company policy, however as it was my personal property I didn't think I needed to)!

I have been told that I will have to claim on my own insurance, which means paying £100 excess, then obviously my premium will go up as well. Although this is a common occurrence on other sites in the company, no site in our group has a secure car park for staff to park their cars in. Could somebody please advise me if the company should be paying for the damage to my car?
Thanks
Tina


83.
James Fairchild
Member - 862 posts
12 Feb 2010 1:23PM

PK - you should have uninsured loss recovery on your car policy. These people will assess whether small claims court papers are needed.


82.
p k
Member - 3 posts
12 Feb 2010 2:53AM

Thanks for the advice. As i said they have already offered a ex gratia payment but this is a laughable figure. So small claims would not be the answer?


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