Motorcycle stolen from paid carpark / claim ?



ORIGINAL POST
Posted by Mac-010 20 yrs ago
Just had my Bike stolen. Most bikers i know in HK have third party insurance only, due to the unreasonable premiums for anything more.


Anyway, was in a shopping centre car park; someone drove in with a crappy (also stolen) bike on hourly ticket and out with mine 6 minutes later. Ive used that car park 2 years now since its close to where i live.


Anyways, sh*t happens..., but do the car parks take any responsability at all, financially ?.


I guess not; just wondering if anyone know. Reported it to police etc, but have not gotten any further yet.

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COMMENTS
*Thorn* 20 yrs ago
Sorry to hear about your bike, but was it padlocked to anything, or through the wheels? I would also try to park it somewhere light and within view of a security camera.


Everyone wonders why the full cover insurance is so expensive, and people dont padlock their bikes. I am not saying that you did not padlock your bike, but you walk around town and see so many unlocked bikes. Where do all these bikes go? Is it just for spare parts?


Anyway, I know that Andrew at RS Insurance Brokers can offer comprehensive insurance. His number is 3106-2698.


Good luck with your next bike.

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Mac-010 20 yrs ago
Thx for comments.


Bike; Z1000, Kawasaki, Black, Ermax undertray.


Notice; have been with the same parking company for about 2 years; Hang Lung properties run it. Not sure if that makes them liable (if it would be possible). Anyway; i checked now and it says they shall not be held liable for any theft or damage. So guess not much can be done...


They have alot of cameras, all recording to hard discs. Saw it in their control room when i reported it stolen. Still; someone drove in, drove out. Doubt that person took off helmet to show his face :)


Lock; i have but not using since i am in a paid, car park with security. Sucks, i know, my fault but figured a hazzle and not using lock 'at home'. (do outside ofcourse).


Best parking must be when they have those teeth barriers so you cant drive out. (And that they dont have here).

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conordec 20 yrs ago
about a month ago a bike was stolen from another carpark (residential i think) anyway, bike was parked NEXT to guard station, behind LOCKED roll down gate.... you guessed it, nobody saw anything. was a write up in the scmp....


sucks having something stolen... i have a 1970 muscle car back home, and it's behind 3 gates, 2 big dogs and dads keen eye and his shotgun...


good luck takin that i say!

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*Thorn* 20 yrs ago
I have just spoken to a friend, and they say that if a car park has put up a sign saying they are not responsible for any loss, it is not worth the paper it is written on. They cannot get out of their satutory rights. Basically you are paying for them to look after your car/bike, and they have a duty to do so. Why do you think they "sometimes" have guards/security men walking round the car parks? And its not to stretch their legs. These companies know they should not be able to get out of this, and put up the sign as a deterent for the public to stop coming after them.


Hope this helps.

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Mac-010 20 yrs ago
Thx for comment Thorn; i'll look in to it.

Have not heard back from Police yet on status, or seen the security video of actual theft. Will chase them.

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ianbru 20 yrs ago
check your reg number on the ticket as this could ade you case as some carparks do this to stop this type of theft.

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Mac-010 20 yrs ago
Ticket; im on monthly set-up; so i get like a little credit card with a barcode that i swipe on exit. There is no guard watching exit and in all fairness its not totally blocked so one could drive out without swiping card if i wanted to steal for example a bike. (not sure if the person stealing mine did this or used his hourly ticket when he arrived).



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ness 20 yrs ago
If they do issue the tickets with the license number on the ticket then they should of noticed when he left with the wrong bike. If he used a monthly ticket to enter the carpark and it should be linked to the security camera then surely they could try and track him/her that way. Just a thought if you were going to hold them liable.

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Mac-010 20 yrs ago
He must have entered on an hourly ticket; and left via same or just driven out.


To be honest; i use the bike and kind of thought, if it happens it does; since i dont want to not use it just because im afraid of this. Still; not that happy about it ofcourse...


I'll for sure consider the whole setup more next time as if it was going to be stolen i was confident it would not happen where i live, considering security... that i thought would be enough.

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dfc 20 yrs ago
They had probably been watching your bike for a while (i assume that you park there regularily if you are on a monthly setup)

Quite a few motorbikes were stolen from Wilson car parks a while ago - i'm pretty sure one guy was persistant enough to get some kind of pay out.

There is an alarm system coming out which will send you an sms if the bike is tampered with - also has tracking through the phone system.

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throbbing 20 yrs ago
I would asume the guy just walked in with a helmet on, got on the bike & drove out around the gate. I try to always use a chain ideally through a lamp post/railing, use the handlebar lock and lock my helmet on the bars/yoke - just another small thing but stealing is about being as fast as possible. I also like to throw a cotton cover over and put a lock through it. And it does get up my nose that I have to do that...

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Mac-010 20 yrs ago
DFC; youre right; same place for about 2 years.

Interesting about the payout; i'll try but not holding my breath.


throbbing; thats what i think as well. I know about the lock and cover; i have a disc lock that is good, and cover, but did not use at my 'home' parking. My fault, sucks, learned the lesson :) wont be so careless when time buy a new one.

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2006 20 yrs ago
Attempts by the car park to avoid liability may well faul foul of the "Control of Exemption Clauses Ordinance, Cap 71". See

http://www.legislation.gov.hk/blis_ind.nsf/0/e86b2c83e2d1ba73c82564760077eaa8?OpenDocument



If the bike was worth more than pocket money, see a lawyer.

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Mac-010 20 yrs ago
Lawyer; yeah, i was wondering how i would go about this. I'll check with a friend and ask if he can get some free lawyer advise before/if i choose to pay for it myself. Bike is 2002 if i remember correct, Z1000 came out then, bought it new, so hardly worth what i paid but must be around half (does not drop that quick after first year).

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2006 20 yrs ago
Go to the the following website. In the drop-down box, select "Consumer Protection". Then select/deselect whichever districts of HK are/not convenient.

http://www.hklawsoc.org.hk/pub_e/lawfirmdirectory



PS. As for free advice off a friend, very few expat lawyers in HK know much about HK consumer protection law (little money in it and very different to English law) - the majority know only commercial or criminal law, which broadly follow the English model. (And before someone takes issue with "English" rather than "British", I use the word advisedly!)

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Mac-010 20 yrs ago
2006; thx, pls repost link; did not come thruu...

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2006 20 yrs ago
http://www.hklawsoc.org.hk/pub_e/lawfirmdirectory

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dfc 20 yrs ago
Mac-010 - check your messages


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D-Man 20 yrs ago
a mate of mine had his new harley stolen from a wilson carpark and is suing them for negligence but not for the theft. It is going to court and he has a good chance of getting compensation as the guards were not at their posts nor were they paying attention to the security of the vehicles.

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Mac-010 20 yrs ago
D-Man; but how does one prove that ?. I mean, did he get material that support this ?. My car park has security but none at gate (and as far as i know they never said they will).


Next time i'll pay more attention cause if there is hourly parking in same place it is easy to steal; if there is no guard where exit is to check ticket/car correct.

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throbbing 20 yrs ago
I hope the Harley guy & you Mac-010 win your cases BUT if you do I can see carparks refusing to accept bikes in future....

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ceeh 20 yrs ago
Have heard that the car park at South Horizons will not accept bikes for this very reason. Friend who lives there would like to buy a bike but cannot park in the building.

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D-Man 20 yrs ago
Mac, I am not sure but i can put you in touch with him if you like. Msg me here with your email and I will pass it on.

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Mac-010 20 yrs ago
Thx D-Man !, cant seem to get the message going though (never mailed from start; only replied).

Cant see your user name under D; what am i doing wrong ?

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Mac-010 20 yrs ago
I emailed the Management who runs car park and got this reply, finally;

--i edit out my name and dont mention company--

Dear Mr XXXX,


Thank you for your e-mail and we acknowledge receipt of your message, which will be passed to our insurance company that is handling the case. The relevant party will inform you of the progress in due course.


Best regards

-------------

At least they reply; wonder what this means; do they even consider taking responsability ?.


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Mac-010 20 yrs ago
Some may have seen the article in SCMP on Sat.

Interesting; and sure makes you think twice about buying again. Might settle for a scooter if its gonna be like this...


On another note; car park management called me and said will take 2 weeks to evaluate with insurance company, and their own decission. Asked if it was anything they could do meanwhile (not sure what that would be ?). Maybee their afraid of some bad press (its not Wilson that was mentioned in the Saturday article).


They did change exit now and put up some plastic poles next to the gate; so one 'cannot' drive on side (one could ofcourse just lift gate and slip out but better then before anyway). They also said there is no hourly parking, for Bikes.

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