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Vandalism - can I claim off my employer (ex)

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Old 01 July 2004, 12:15 PM
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colex
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Default Vandalism - can I claim off my employer (ex)

Last year my scooby was vandalised by a bored 5 year old armed with a 3 inch blade. I was one of the more fortunate ones receiving 'minor' scratching to the bonnet and nearside doors but nevertheless the cost of a respray/repair is £1k. Now my employer (ex) did not have any signs with the usual 'park at your own risk'. Question is therefore, having tried my ex employer directly is do I have a case to recover costs from them or not, or is it an insurance job?

BTW trying to sue the family is not going to get anywhere - I've already been down that avenue

Thanks

C
Old 01 July 2004, 03:04 PM
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My understanding is that you have a case if the car was parked on private property owned by the company and there were none of the park at own risk signs. An exception would be if you have to register your car with security or something to be able to use the car park and you sign some terms and conditions which were to the effect you were parking at you own risk. There may be some differences between a car park to which the public has full access eg Tesco's or a car park which is behind security gates controlling access to the general public. You will need to speak to a lawyer to work out the detail.
Old 01 July 2004, 05:45 PM
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Signs generally make no difference to your legal position, they are just reminders. A company cannot waive your legal rights just by tellling you you don't have any. But this is going to boil down to "duty of care" I suspect, and AFAIK the company has NO duty of care towards your car if it could reasonably be expected that anyone could access your vehicle. You might have a point if it was a secure carpark, and advertised as such, but not in this case methinks. Go find a solicitor, but expect to be disappointed.


M
Old 01 July 2004, 05:53 PM
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colex
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Thanks to both for repies.

It was kinda secure in that it is/was a 'private' car park owned by my employer of the time the MOD, and was patrolled by security. However there was an open public right of way down the side of it so I think disappointment may indeed be the case.

C
Old 01 July 2004, 06:13 PM
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Last year my scooby was vandalised by a bored 5 year old armed with a 3 inch blade.
What the hell was a 5 year old doing with a 3 inch blade!!!

sorry to hear about your car m8.
Old 01 July 2004, 06:13 PM
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So you couldn't claim off the sprog's parents then - damn! Do you mind letting us know why not. Is it just financial and they couldn't pay?

J.
Old 01 July 2004, 06:24 PM
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I would imagine it was related to the fact that a 5yo can not be held responsible in law for it's actions
Old 01 July 2004, 06:27 PM
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no but he shouldn't have had a 3 inch blade for a start so therefore surely the parents should accept responsibility?
Old 01 July 2004, 07:05 PM
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colex
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Originally Posted by ScoobywagonGl
What the hell was a 5 year old doing with a 3 inch blade!!!

sorry to hear about your car m8.
Cheers,

As for the spog well it was Bracknell so he was probably 'training'

As for getting anything from the parents I was 'advised' that due to their familiarity with the authorities I was unlikely to have any joy there except maybe some more 'substantial' damage.
Old 01 July 2004, 07:22 PM
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...so the EX employer you are trying to sue for 1K is the MOD....LOL

I'd say you have 2 chances of winning your case, and, as they say,.................." No Chance,........and Slim's just left town ".

What sort of MOD site was it anyway, that had public access to it's employees car parks? Not exactly high security in today's climate.

Best of British to you anyway
Old 01 July 2004, 07:45 PM
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Originally Posted by mj
...so the EX employer you are trying to sue for 1K is the MOD....LOL
I like a challenge

Can't say who or where exactly - official secrets you know, nudge nudge
Old 01 July 2004, 08:04 PM
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Originally Posted by ScoobywagonGl
What the hell was a 5 year old doing with a 3 inch blade!!!
Exactly what I thought, at 5 years of age he should have advanced to a pistol at least.

Shít news about the car though.
Old 01 July 2004, 08:12 PM
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Interesting Mr Colex.

In parking terms there are only 3 types of people work for the MOD.

1) those that park their cars in MOD car parks with public access, usual proffessions include Toilet Cleaner, vending machine operative,contractor.

2) those that park their cars in MOD car parks with public access to avoid compromise, usual proffessions include secret agent.

3) those that park their cars in Secure MOD car parks , usual proffessions include accountant,someone important.

1,2,3?

mj<spyhunter>
Old 01 July 2004, 08:37 PM
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Originally Posted by Spoon
Exactly what I thought, at 5 years of age he should have advanced to a pistol at least.

Shít news about the car though.
PML Spoony advanced pistol not a machete <sp> LOL

Maybe you should speak to the Citizens advice they may be able to help you out with some advice on this one!
Tams
Old 01 July 2004, 08:43 PM
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Originally Posted by ScoobywagonGl
Spoony
ello 'Spoony'
Old 01 July 2004, 08:46 PM
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LOL Cause i can and he loves it really
Old 01 July 2004, 08:49 PM
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Originally Posted by ScoobywagonGl
LOL Cause i can and he loves it really
are you sure?
Old 01 July 2004, 08:49 PM
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Irrespective of whether or not a 5 year old child causes criminal damage, you would first have to prove the negligence of the parents. That is almost impossible to do without solid proof that they provided the minor with the weapon. Which they are not going to admit. Because the child is under 5, you have no case whatsoever. They will only arrest a minor from the age of 10 and process with a criminal record. Some police will try and b ull**** you saying they have to be over 12 but that is rubbish. They can be tried as a criminal from the age of 10.

In this case... it's a case of tough luck
Old 01 July 2004, 08:51 PM
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Originally Posted by Soulgirl
In this case... it's a case of tough luck
A rather expensive case of tough luck
Old 01 July 2004, 08:56 PM
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Originally Posted by ScoobywagonGl
A rather expensive case of tough luck
Yes indeed
Old 01 July 2004, 09:09 PM
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Thumbs up

Originally Posted by Tasha
are you sure?
She's sure Tash!

p.s. Send me more photo's please.
Old 01 July 2004, 09:13 PM
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Originally Posted by Spoon
She's sure Tash!

p.s. Send me more photo's please.
More?
Old 01 July 2004, 09:16 PM
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Originally Posted by mj
Interesting Mr Colex.

In parking terms there are only 3 types of people work for the MOD.

1) those that park their cars in MOD car parks with public access, usual proffessions include Toilet Cleaner, vending machine operative,contractor.

2) those that park their cars in MOD car parks with public access to avoid compromise, usual proffessions include secret agent.

3) those that park their cars in Secure MOD car parks , usual proffessions include accountant,someone important.

1,2,3?

mj<spyhunter>
An end of (3), (2) posing as a (1)
Old 01 July 2004, 09:16 PM
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Cool

Originally Posted by Tasha
More?
Don't be shy now.
Old 01 July 2004, 09:19 PM
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told u i was sure Tash

Oh and watch out for spoony he is a bit of a ..............
to be continued ...
Old 01 July 2004, 09:22 PM
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Yup, that's me, a bit of a 14 dots.
Old 01 July 2004, 09:23 PM
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I cant believe you sat and counted em?
you dinlo
Old 01 July 2004, 09:28 PM
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Originally Posted by ScoobywagonGl
I cant believe you sat and counted em?
you dinlo
I was sitting anyway and 14 isn't too difficult to go up to.



















For a bloke anyway.

Oh and I thought it was dimlo, not dinlo, you dimlo!!
Old 01 July 2004, 09:30 PM
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I'm not shy!!
Old 01 July 2004, 09:31 PM
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Thumbs up

Originally Posted by Redkop
I'm not shy!!
No but you're nosey.


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