Jump to content


Photo

Attempted Theft


  • Please log in to reply
4 replies to this topic

#1 hitch436

hitch436

    Stage One Kit Fitted

  • TMF+ Member
  • PipPipPip
  • 72 posts
  • Location: Ashford, Middlesex
  • Local Club: Box Hill

Posted 12 July 2017 - 01:31 PM

So my car was at the mechanics and got broken into on Friday into Saturday, the wiper stalk got snapped off, the fire extinguisher got set off, the roof was drawn on and the locks ******* and everything pulled out, initially though it was kids trying to take it for a joyride, found out yesterday it was actually a fully grown guy high on drugs  :P



#2 ukcooper

ukcooper

    One Carb Or Two?

  • TMF+ Member
  • PipPipPipPipPipPipPip
  • 1,247 posts
  • Location: Stoke on Trent
  • Local Club: m'n'o

Posted 12 July 2017 - 02:29 PM

mt point of view , hang em all.. cheer ya up someone did a hit a run sunday in the driver door of the  audi and buggered of , first time in 25 years summits been touched ..

 

Drawn on nom that's a new one for me ..



#3 Itsaminithing

Itsaminithing

    Speeding Along Now

  • TMF+ Member
  • PipPipPipPipPip
  • 313 posts
  • Location: Berkshire
  • Local Club: TVMC

Posted 12 July 2017 - 04:29 PM

No doubt if the police do bother to prosecute the guy he will be told he's a very naughty boy & will get a slap on the wrist (& doubtless a small fortune spent on him to help with his battle against drugs).

 

Have you agreed with the mechanic/garage as to who will pay for the damage caused? The car was in his/their care so they are liable to pay to rectify the damage.

https://www.citizens...h-a-car-repair/



#4 Mervyn

Mervyn

    Mini Mad

  • TMF+ Member
  • PipPipPipPip
  • 132 posts
  • Location: Telford

Posted 12 July 2017 - 05:28 PM

I don't think they are liable, as long as they took reasonable care (sounds like they locked it) any claim would be on your own insurance

The CAB waffle above is if they damaged it while working on it etc, not some loon on crack doing an Italian job

Merv

#5 Itsaminithing

Itsaminithing

    Speeding Along Now

  • TMF+ Member
  • PipPipPipPipPip
  • 313 posts
  • Location: Berkshire
  • Local Club: TVMC

Posted 13 July 2017 - 09:10 AM

I'm no law expert but the CAB advice seems sound to me (though it's far from being a hard & fast case).

You wouldn't be claiming for a 'breach of duty of care' due to negligence (ie not locking the car etc):

‘Bailment’ is an additional common law remedy. It arises when one party (called the ‘bailor’) entrusts their property into the care of the other party (known as the ‘bailee’). The common law doctrine of bailment imposes a duty on the bailee to take proper care of those goods. If the bailee does not return the goods to the bailor (that is you) in a condition at least as good as they were in when you entrusted them to them, there is a legal presumption that the bailee has been negligent.

 

I'd hope any responsible garage would repair the damage at their own expense, & claim off their own insurer (or seek recompense from the person responsible for damaging the goods left in their care).






1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

Mini Spares