Removing Motorbike Covers |
Helping the motorist get justice 
Helping the motorist get justice
Removing Motorbike Covers |
 Wed, 15 Jul 2020 - 20:31
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#1
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New Member Group: Members Posts: 4 Joined: 15 Jul 2020 Member No.: 109,143  |
Hi guys & gals, was hoping for a little clarification. I live in a block of flats that has a secure gated parking area managed by Link Parking. I don't have an allocated space so I don't keep my car in the car park I park with a permit on a local street. However I have 2 motorbikes and there is no way in hell I am parking them on the street they would be gone in 2 minutes flat. So I park them in the carpark in an unused and undesignated area. I cover both of my bikes to the floor mainly to protect them from the weather. However I was also under the impression that a parking attendant from a private company was not allowed to tamper with the covers in order to gain access to the reg plate to issue a ticket, is this true is my main question? As I have come home today to a ticket, I logged onto the Link Parking site to look at the photo evidence which shows they have lifted the cover to access the reg plate on one of my bikes to issue the ticket. The other odd thing is that they didn't tamper with or issue a ticket to my other bike! Any clarification is greatly appreciated.
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Wed, 15 Jul 2020 - 20:31
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Wed, 15 Jul 2020 - 20:43
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So what does your lease say about parking?
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Wed, 15 Jul 2020 - 21:08
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#3
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New Member Group: Members Posts: 4 Joined: 15 Jul 2020 Member No.: 109,143 |
QUOTE (ostell @ Wed, 15 Jul 2020 - 21:43)  So what does your lease say about parking? Its not included |
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Wed, 15 Jul 2020 - 21:20
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#4
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
QUOTE (ThePhantomMind @ Wed, 15 Jul 2020 - 22:08) QUOTE (ostell @ Wed, 15 Jul 2020 - 21:43) So what does your lease say about parking? Its not included Not included??? But there is gated parking area?? That doesnt sound right. |
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Thu, 16 Jul 2020 - 07:41
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#5
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New Member Group: Members Posts: 4 Joined: 15 Jul 2020 Member No.: 109,143 |
QUOTE (mickR @ Wed, 15 Jul 2020 - 22:20) QUOTE (ThePhantomMind @ Wed, 15 Jul 2020 - 22:08) QUOTE (ostell @ Wed, 15 Jul 2020 - 21:43) So what does your lease say about parking? Its not included Not included??? But there is gated parking area?? That doesnt sound right. Only a portion of the flats have parking spaces as there is not enough room for all, they are allocated and everyone else must park on the street outside. |
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Thu, 16 Jul 2020 - 10:10
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#6
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 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Under the circumstances I think they have a right to take reasonable steps to prevent the recurrent trespass/breach of contract terms (what do the signs say, photo please) and lifting a bike cover to be able to identify the bike and hence the keeper for the purposes of preventing the ongoing trespass/enforcing the breach of terms.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 16 Jul 2020 - 10:55
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#7
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
I would suggest they have a legal obligation to take reasonable steps to identify the owner prior to removal of tha abandoned property on their premises under the tort interferences with goods act.
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Thu, 16 Jul 2020 - 12:13
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#8
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New Member Group: Members Posts: 4 Joined: 15 Jul 2020 Member No.: 109,143 |
QUOTE (mickR @ Thu, 16 Jul 2020 - 11:55) I would suggest they have a legal obligation to take reasonable steps to identify the owner prior to removal of tha abandoned property on their premises under the tort interferences with goods act. https://photos.app.goo.gl/48ppLZuKS77ivnSA9 here you can find a picture of how the bikes are parked and the signage. What I find odd is that they only ticketed 1 bike (not complaining at all) just find it weird. |
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Thu, 16 Jul 2020 - 12:25
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#9
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Classic forbidding signage, you cannot contract to pay them for doing something that is expressly forbidden.
However it is a clear trespass and the landowner/occupier could take action for that. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 16 Jul 2020 - 15:39
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#10
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
@rookie
Yes hence my reference to the (tort) Interferance With Goods Act. The pcn might be the least of the OPs worries ifhe doesnt find a new home for the bikes. Alternatively he might start getting more pcn's |
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Lo-Fi Version | Time is now: Tuesday, 16th April 2024 - 09:33 |
