Not using a dedicated bike parking spot

[Jaws]

A recent question came up after an an argument in a Tescos car park

Chap on a bike parked on a spot meant for cars and did not use the dedicated bike parking spot ( if it was like I saw, ramo'd with peds there was no room anyway )

Block came out with a trolley and smacked in to the side of the bike ( I saw all this ).. fortunately the bike owner was also a witness.

Anyway.. long story short the biker called the police as the car driver got VERY stroppy.

I went and offered to be witness for the biker when plod turned up

Told them what had happened and by now Tesco staffer had appeared..

He sided with the car driver ( had not witnessed ANYTHING ) and told the police the bike was 'illegally parked'

Copper just ignored the Tesco Tosser pretty much..

So on to the question

There is sure to be a claim laid agin the car owner for the damage to the bike ( police had insisted car driver give all details to bike rider ) BUT.. the damage was done by a trolley and by all accounts on private land

So how should the biker proceed ?

 

[robsbird]

The police will need to charge the guy with criminal damage before the guy can make a claim in court for damages................:dunno:

 

[Wolfie]

A recent question came up after an an argument in a Tescos car park

Chap on a bike parked on a spot meant for cars and did not use the dedicated bike parking spot ( if it was like I saw, ramo'd with peds there was no room anyway )

Block came out with a trolley and smacked in to the side of the bike ( I saw all this ).. fortunately the bike owner was also a witness.

Anyway.. long story short the biker called the police as the car driver got VERY stroppy.

I went and offered to be witness for the biker when plod turned up

Told them what had happened and by now Tesco staffer had appeared..

He sided with the car driver ( had not witnessed ANYTHING ) and told the police the bike was 'illegally parked'

Copper just ignored the Tesco Tosser pretty much..

So on to the question

There is sure to be a claim laid agin the car owner for the damage to the bike ( police had insisted car driver give all details to bike rider ) BUT.. the damage was done by a trolley and by all accounts on private land

So how should the biker proceed ?

by taking trolley off the car driver and ramming his car trice, whilst repeating loudly and in a manic voice, think once, think twice, think BIKE.

 

[Me!]

Not private. Public car park.

 

[ianrobbo1]

NOT Public, PRIVATE car park, Tesco's will own or lease the land, therefore!! ETC,

I would let the bikers insurance tossers know and put the ball in their court, failing them actually doing anything about it, I would consider the "Wilf" way of reprisal!! :dunno:

 

[Rheumatoid]

lots of car parks are deemed part of the highway these days I think so they can nick donut boys, etc for traffic violations on supermarket car parks. Also means you need insurance for a learner if you are taking one of your kids for a little go in the car.

 

[Me!]

NOT Public, PRIVATE car park, Tesco's will own or lease the land, therefore!! ETC,

I would let the bikers insurance tossers know and put the ball in their court, failing them actually doing anything about it, I would consider the "Wilf" way of reprisal!! :dunno:

Open to the public. Public have use. No defined barriers. Public have access in/out. So you're saying if it happened in a pub car park that would be private too..?

p0pc0rn41

 

[mikeyw64]

NOT Public, PRIVATE car park, Tesco's will own or lease the land, therefore!! ETC,

I would let the bikers insurance tossers know and put the ball in their court, failing them actually doing anything about it, I would consider the "Wilf" way of reprisal!! :dunno:

IIRC correctly although the land may be Privately owned its a place to which the Public can be reasonably expected to have access & is therefore classed as a Public place

 

[Vinterceptor]

IIRC correctly although the land may be Privately owned its a place to which the Public can be reasonably expected to have access & is therefore classed as a Public place

All well and good, but how far will the biker get by claiming against a pedestrian pushing a shopping cart:dunno:.. He should have lost his rag at the time and inflicted a bit of trolley rage himself

 

[ianrobbo1]

Try asking Tesco's for anything that the "public" could rightly expect, they wont want to know, how do I know this?? I took a look at the damage done to my girlfriends car "by a trolly" and the fuckers didn't want to know!! :dunno: BTW she even WORKS for the tossers!! :dunno:

 

[Tinytim]

Does it matter where the fook it happened, private or otherwise? Surely all that matters is that some coont damaged some other coonts property? End of?

:dunno:

 

[T.C]

In respect of an offence of Criminal damage, a prosecution is unlikely to be successful on the basis that it would be regarded as accidental damage rather than malicious or deliberate damage (But like all things it would depend on the evidence).

However, there would be a reasonable case under civil law for the bike owner to make a claim for damages through the small claims court against the bloke with the trolley and/or against Tesco's under the terms of the public liability insurance.

It matters not whether it is in a public place or not for a case like this, although for the sake of any debate, a public place or road is deemed to be anywhere the public have general access to regardless of whether payment or an invitation is required.

The fact that there is a decent independent witness makes a civil claim more likely to succeed, but because t is under ?5,000 proceedings would have to be issued in the small claims court and costs claimed back because legal costs cannot be recovered for any claim under ?5K in civil litigation.

In respect of the Tesco chap saying the bike was parked illegally, that is a new one on me. I am not aware of any traffic order or regulation that makes it illegal for a bike to use a car parking bay, and Tesco are not law makers and there certainly would not be any local bylaw in place.

The copper clearly took the view that the Tesco employer was just a complete tosser as well, and probably took the view that as there was probably no intent or malice it fell into the clutches of a civil matter rather than a deliberate act.

So, a small claims may well succeed, but the view would have to be taken that depending on the cost of the damage, would the effort, cost and inconvenience be really worth it?

 

[ScottyUK]

I stopped in a car park at a supermarket and it was empty. I mean not a single car. I parked near the door in the middle of a car space. A car pulled in and parked right on the line next to me.

I was taking my helmet off next to my bike so I was effectively then obstructing him. He opened the door into my back (back protectors have many uses) but this scuppered him!

He was trying to get out the car and coz the door stopped short he couldn't get out so easily but his momentum had his body moving. He bashed his head on the door frame and fell back into the car.

When I asked him what he thought he was doing he told me I should have been using the dedicated bike space!

Fecking muppet!

 

[sidewayscarl]

Similar thing happened to my Dad in an Asda car park, a runaway trolley knocked over his ST1300, whilst he was in the store, two chaps picked the bike up breaking the screen and mirror in the process. Dad contacted Asda they paid out for all the damage no arguments or anything..

 

[rovert57]

I have had a argument about dedicated bike parking spots on the road where there are both car and bike places and was moaned at for using a car place when we had rode past an empty bike bay I told the dick that as I had paid my road tax I could use any of the bays as they were part of the highway .so was I in the right or in the wrong .

 

[ianrobbo1]

Similar thing happened to my Dad in an Asda car park, a runaway trolley knocked over his ST1300, whilst he was in the store, two chaps picked the bike up breaking the screen and mirror in the process. Dad contacted Asda they paid out for all the damage no arguments or anything..

I can guarantee that scenario in a Tesco car park, would have had a completely different outcome!! :wank:

 

[Boggymarsh]

I have had a argument about dedicated bike parking spots on the road where there are both car and bike places and was moaned at for using a car place when we had rode past an empty bike bay I told the dick that as I had paid my road tax I could use any of the bays as they were part of the highway .so was I in the right or in the wrong .

Parking bays situated on the highway can only be placed by lawful order. That order is called a Traffic Regulation Order or TRO. The TRO states where the bay goes and any restriction that may apply to that bay. The bay type and it's marking is defined in law and any contravention of the TRO can only be enforced if the bays comply with the law. Enforcement is, in the main, now a civil matter and dealt with by local authorities.

To answer your specific question would require you to disclose the precise location of the bay you are on about and only after looking at the respective TRO could an answer be given. Just because you have paid your road tax and the bay is on the highway does not necessarily mean you are right or wrong ...

 

[rovert57]

its at elesmere in Shropshire

 

[Me!]

its at elesmere in Shropshire

Just the one there then?

 

[Boggymarsh]

its at elesmere in Shropshire

The last time I looked on a map Elesmere was a pretty big place.8rfl@

Road name?
Outside house number?
Outside the shop called?
Between this road and that road?

Gimme more info chap and I'll do my best to get an answer for you @tu*