toe rag Mother F*****s

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saorbust said:

Unfortunately that's just a comment - read the entry before and you will see what actually happens in real life.......this is borne out in Saorbust's previous post.

HSWA affords liability via an Act of Parliament (as well as "benefits" provided by employers, etc) - parking at the airport is not covered as such and therefore the operator can put whatever restriction of liability they like as long as it does not contravene any law.

Sucks, but so does most of life............
 
Mr E is quite right.

My car parks, we don't accept any liability to any parked car, unless it's damaged by negligence from maintenance (eg a tree branch falling on the car, or part of a wall etc). We also have to maintain the surface, so if you trip on a pothole you can claim.

As for damage to cars when parked, damaged by a third party (eg car thief) then we accept no liability. So my insurance section advises anyway.

(I'm parking manager for a local authority)
 
Surely you can't take a bounty for a service and then not provide it as advertised.

Granted 'parking for 5 pounds a day' is just that.

'Secure parking for xxx pounds' is a different service offering.

I'm no expert but I have heard people challenging rulings in just this situation, and getting a result. Perhaps this is in some specific circumstances, which may not apply here. Put it this way - perhaps the operator is at fault in that it clearly isn't a secure site as advertised.
 
Perhaps so. Like I say, the award used to be Secure Award or Secure Car Park; now it's ParkMark. Doesn't quite have the same 'safe, secure, confident' ring to it.

As mentioned, always worth a claim, and I would be interested in the outcome.

Rob
 
robert.saunders said:
Perhaps so. Like I say, the award used to be Secure Award or Secure Car Park; now it's ParkMark. Doesn't quite have the same 'safe, secure, confident' ring to it.

Rob

BUT they are still advertising their services under the auspices of the Secure Award........................
 
ckember said:
:mad: :devil: :crazy: :(

Been away on a buisness trip and parked the beloved merc in PinkElephant at Heathrow, On return today found the image below greeting me.

They took the command 2 head unit and 6 disc player from the glove box.

Police had already been and tried to finger print, hence the silver powder.

Currently waiting for autoglass to refit the NSF window. Merc insurance have also arranged for Solus to reapir the car next week, does anyone know if they are any good?

Pink Elephant sat they are not liable, I think I will look into this, as they are supposed to be a secure car park. Does anyone know if i have a case against Pink Elephant?


Apparently another merc was done at the same time.

Pink Elephant will hide behind the 'not liable for damage' disclaimer that they advertise on their tickets and sites.

But in law they have a duty of care to provide employ 'reasonable' care of your car and possessions. So, in law, you have to prove that they were unreasonable.

Pink Elephant boast that they have a ACPO gold award for security: this implies that they will offer you a degree of 'reasonable' care:

http://www.simplyparking.co.uk/southampton-airport-car-parks/southampton-pink-elephant-parking.htm

So I think you have as case, but you will have to fight it. Expect a lot of rubbish from Pink Elelphant to avoid compensating you--only those customer who really kick up a stink will win.

Get a solicitor--may be covered by your car insurance.
 
Direct quote from my legal & insurance service:

"Legal liability for a theft from a car lies with the thief.

If a car park operator has any sort of award for security, this means they are taking reasonable steps to try and make the car park as secure as possible. This does not mean a user of the car park can rely on this as a guarantee that a theft will definitely not occur whilst they are using the car park or try to impose a legal liability on the operator in these circumstances, a vehicle is always parked at the owner's risk.

A car park operator's legal duties are as occupier of the land, so they have to ensure the premises are fit for the purpose they are inviting people onto the land for, in this case a car park. This means the surface should be free of trip hazards or pot holes that might damage vehicles and the surface should be kept free of snow and ice, so far as is reasonably practicable.

The operator cannot have legal responsibility for the criminal actions of a third party."

All I can say really, this is just the advice I am given as a parking manager, from my own council insurance section.

I'm still interested in the outcome of the claim(!), as mentioned above it seems pertinent that Pink advertise the award when clearly it does not exist anyway.

Kind regards, Rob
 
Info for claim against Pink Elephant

OK
Sorry about your car. Anyway, it goes like this...
1. To be a Secure Car Park, Pink Ele have to satisfy criteria against which they are judged and accreditation awarded. This is not taken lightly, because crime and complaints count against them, and are auditted. CCTV is a base requirement, and you are entitled under the Subject Access Provision of the Data Protection Act, for the sum of £10, to have the images relating to your car shown and given to you. PE probably have a digital system, (hopefully), and you may be able to determine when the window was broken by finding it whole and then broken etc...Smart Searches do this on digital equipment. If they have a digital (not video tape) image storing system, message me and I'll tell you if they have the ability to do this - they may say they don't as a matter of routine, but when they realise you know what your talking about, they'll probably change their tune...
2. In any event, they won't want you to write to their accreditors and tell them that the CCTV images were not good enough to assist, if this is the case. So ask them for their accreditation award number for the Secured Car Parks Scheme...and when you ask for that they will start to listen to you as never before.
The purpose of the Secured Car Park Scheme is to reduce the fear of crime - but PE & others use this as a marketing tool - put your car with us, and you have an unspoken guarantee of safety and crime prevention... and the news that it isn't working won't be something they'll want getting out as it affects their business.
Good luck, and come back if you need more info..... :)
 
Last edited:
Just to remind, the scheme is now called ParkMark, and has a completely different acceditation process. We've just had a car park put into the scheme. As for claiming, I don't know if they (Pink) can still use the old award and mention it as relevant to people parking when they either don't have the award or need to re-apply to ParkMark.
 
Hi all,

Thanks for all your inpupt on this, just an update on the pink elephant CCTV. I and the Police asked for any CCTV footage last week when I/they found the damage.

The Nice man in Customer Services, Replied with

"Yes we have CCTV, but it is not a static setup, the man upstairs controlling it, uses it for managing the buses in the Car park"

As I dont have this recorded it will be his word against mine, My Insurance companys' legal dept. could only offer a Breach of Contract as a way of claiming anything.

The car is now at the repairers and they have assessed the damage as follows.

external:-
Passanger door glass, cover on door and door is bent, repaint where glass as chipped the paint.

Internal:-
replace command and cd changer, ally panel around command, seat cover on dase of passenger seat as the leather was damaged, and the leather side panel below the dash.
They will then carry out a full interior valet.

As the command was not factory fit they only wanted to fit an audio 10 unit. this has been sorted I hope ,as has the cd changer that was fitted by benz direct when I purchased the car. Good job I keep the receipts.

I will do a complete check before I accept it.
 
Try this

ckember said:
The Nice man in Customer Services, Replied with

"Yes we have CCTV, but it is not a static setup, the man upstairs controlling it, uses it for managing the buses in the Car park"

As I dont have this recorded it will be his word against mine, My Insurance companys' legal dept. could only offer a Breach of Contract as a way of claiming anything.

Next time you call him use this link !!!!

http://recordmyphonecall.co.uk/telelog/pages/tel-e-log.php
 
robert.saunders said:
Just to remind, the scheme is now called ParkMark, and has a completely different acceditation process. We've just had a car park put into the scheme. As for claiming, I don't know if they (Pink) can still use the old award and mention it as relevant to people parking when they either don't have the award or need to re-apply to ParkMark.

Pink Elephant (and all the other operators) can still advertise under the "Secured Car Parks" scheme:


I already have 'Secured Car Parks' status, why can't I use the new ParkMark™ logo now?

The new ParkMark™ Accreditation mark is a Trademark and may only be used by those parking facilities assessed under the new Guidelines.

ParkMark™ is very valuable in promoting your business and therefore its use it strictly controlled and unauthorised use of ParkMark™ will be subject to appropriate measures which may involve legal action.

Once you have received an Award holders pack you will be able to obtain ParkMark™ merchandise and signage from Approved suppliers to ParkMark™ Award holders details are included with the Award holders pack and in the brand manual.

Existing Secured Car Parks Awards remain valid until you have been re-assessed under the new Guidelines.

Conversion to the new Park Mark™ Accreditation will only be granted once re-assessment for the Park Mark™ Safer Parking Award is complete and awarded.
This also means that Secured Car Parks signage can be used until then. Once you have been reassessed all references to the Secured Car Parks Scheme should be removed and replaced.

So you can't get them under any misleading advertising route either........
 
Mr E said:
So you can't get them under any misleading advertising route either...
Except for use of the word "secure" when they are clearly not.
 
Shude said:
Except for use of the word "secure" when they are clearly not.

Quite!
 
Hope your legal insurance helps with the breach of contract. Dis claimers can be illegal, again your solicitor will advise on all the finer points. Small companys use them as well as large Local Authorities, mainly to put people off from claiming ! Yes i know .....sounds like bar room lawyer advice buy its true !!!!.. ;)

Good luck with your claim
Pete
 
Some phones , such as my Sony Ericson 750i will allow you to record calls as well...(free of charge - just the cost of the call)

May be helpful some day! :devil:
 
splang said:
Some phones , such as my Sony Ericson 750i will allow you to record calls as well...(free of charge - just the cost of the call)

Nice thing about http://recordmyphonecall.co.uk/telelog/pages/tel-e-log.php is that you can email the recording to wherever you want &/or store it on your PC.

I find it useful when consulting solicitors :rolleyes:
 

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