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Public liability insurance.

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Irezumi
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Joined: 07 Dec 2019
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PostPosted: 07:57 - 12 Aug 2020    Post subject: Public liability insurance. Reply with quote

My bicycle was stolen outside my work (a hospital in London) and there is CCTV covering the area it was taken from according to the security guard I spoke to. I provided them with a 5 hour time slot, between lunch and after work from when I last saw it to when it was gone. The security have yet to supply this and I have been told 5 times to come back/contact this person/I don't have access to do this. I have tried doing it nicely so now am trying to force their hand.

To this end am I able to make a public liability claim against the hospital for damage to/loss of property. Is this possible/will it work? f so does anyone know the exact process?

Thanks for any help.
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Skudd
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PostPosted: 08:06 - 12 Aug 2020    Post subject: Reply with quote

First of all, you have no rights to the video footage, you can request, but you can't demand and if you have gone in all arsey they will drag their feet and then tell you to do one.

As for claiming off the hospital............... it's your stuff........ you secure it, you look after it, YOU are responsible.

You had your bike stolen, you aren't the first and you wont be the last, you need to lock it properly. It isn't the hospital's fault at all.
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Riejufixing
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PostPosted: 08:27 - 12 Aug 2020    Post subject: Re: Public liability insurance. Reply with quote

Irezumi wrote:
My bicycle was stolen outside my work (a hospital in London) and there is CCTV covering the area it was taken from according to the security guard I spoke to. I provided them with a 5 hour time slot, between lunch and after work from when I last saw it to when it was gone. The security have yet to supply this and I have been told 5 times to come back/contact this person/I don't have access to do this.

How long ago was it stolen?
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arry
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PostPosted: 08:32 - 12 Aug 2020    Post subject: Reply with quote

You have no contract with the hospital - they've not promised to look after your stuff; in fact it's most likely there is signage that would explicitly state they will have NO liability for your stuff. So that's contractual route blocked.

You'd then have to prove liability in tort. Obvious one would be Negligence. How have they been negligent? Can't see it, personally, and link back to point one where they've told you they'll have no liability for your stuff, seems a fair warning that you need to look after it yourself.

Sorry, it's a non-starter.

But if you wanted to pursue it you could write to them setting out your schedule of damages and why you hold them responsible. You'll get a letter back telling you to FRO in no uncertain terms but you could try and waste everyone's time if you want Laughing
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MarJay
But it's British!



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PostPosted: 08:44 - 12 Aug 2020    Post subject: Reply with quote

Have you not seen signs about the place saying 'property left at own risk'? That's basically it in a nutshell, and you don't even need the sign to be present for it to be true.
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Kris
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PostPosted: 08:52 - 12 Aug 2020    Post subject: Reply with quote

if they have CCTV of you then you can demand a copy of all the CCTV they have of you, including directly outside. Request this, and see if it covers your thief...

https://www.gov.uk/request-cctv-footage-of-yourself
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Irezumi
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PostPosted: 09:11 - 12 Aug 2020    Post subject: Reply with quote

@skudd -The bike was locked securely to a bicycle rack, locks cut. Surely it's the thief's fault for stealing my bike or is blame always applicable to the owner of the property?

@Marjay, I have double checked this morning and there are no signs saying 'left at own risk' etc.

All I want is for them to supply a more precise time of the theft as the police will not come to see the footage until I narrow down my 5 hour window. I have been extremely nice and polite about this situation so far having revisited security 5 times but have constantly passed on to another person/supplied with an e-mail address. For example one guy asked me to revisit yesterday lunchtime after having spoken to him Monday, was on nights, that is lying to avoid doing work.

I'd happily just have them tell me the time and then give that to the police for them to collect the video, I am aware I can't see this information. However as nobody wishes to sit and carry out going through the video I'm trying to find ways to get it done as they seem incapable of doing so.

Edit: I did not make it clear in first post but I am just after the exact time of theft to then pass onto the police. Not the footage for myself.

The theft happened last Tuesday, I reported it to the police and security immediately who told me they would go through the CCTV that evening.

Does anyone have any other suggestions on how to get the time I need/video to the police?
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Riejufixing
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PostPosted: 09:56 - 12 Aug 2020    Post subject: Reply with quote

Irezumi wrote:
The theft happened last Tuesday, I reported it to the police and security immediately who told me they would go through the CCTV that evening

That should be enough time. If it's a hospital, presumably a large employer, they may have other stuff on, but I don't suppose it would hurt to perhaps try a different contact in Security, or ask the one you've been talking to if you could visit, and sit through the video, "to save their time".

My guess is that even if you get a video, unless there're very good images of the culprit, who the police know about and can find, they won't do anything at all about it. Regretfully, I have come to the conclusion that the police are virtually useless.
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Irezumi
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PostPosted: 10:15 - 12 Aug 2020    Post subject: Reply with quote

I can't sit through the video, that's against some act which I forget the name of. I believe you have to have training to even use the equipment.

I'm sure they have other stuff on but whenever I walk past there is normally someone watching something on their phone.🤔 I'm sure it may be ultimately fruitless but I built my bike up so it is unique and there won't be another like it so any little help is appreciated.
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Kawasaki Jimbo
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PostPosted: 10:39 - 12 Aug 2020    Post subject: Reply with quote

It might be worth asking the hospital bosses why they have CCTV if their Security won't use it when a crime has been committed.

Also, who watches the watchers?
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Easy-X
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PostPosted: 11:39 - 12 Aug 2020    Post subject: Reply with quote

Tactic 1: visit the security office morning, noon & night and politely request the footage until they get sick of you and pull their finger out.

Tactic 2: kick it up the chain. Security guard not playing ball, talk to his/her boss, then the director and then... etc.

Tactic 3: publicise. See if the local media are interested in a story where hospital authorities are indifferent to crime.

As an aside any chain, lock or security device that doesn't require power tools to defeat is almost no security at all. And a bike rack is just a central collection point for thieves.
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weasley
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PostPosted: 12:31 - 12 Aug 2020    Post subject: Reply with quote

Perhaps one question you could ask as part of your polite request: what is the cctv camera there for if not for exactly this type of request? It's a significant investment in capex, maintenance and staffing - shouldn't it provide a return on that investment?
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Ste
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PostPosted: 13:07 - 12 Aug 2020    Post subject: Reply with quote

It's besides the point why they have CCTV if their security won't check the footage when a crime occurs or what it's for if not this exact type of request. You don't care why they have CCTB or what their reasons are for having the cameras.

I don't know how long they'll keep the footage for but it's safe to say time might not be on your side.

I'd be wanting to put the request in writing. You don't know who requests need to be addressed to so you could go to the main reception in the hospital and ask them. it seems as good a place as any to start and I'd have thought they'll be able to point you in the right direction of the manager you need to speak to. Do be polite and friendly to the people at the reception desk, they're not to blame for the unhelpfulness of the useless security and they're the people who can help you so they're your new best friend. Laughing
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piazza
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PostPosted: 14:09 - 12 Aug 2020    Post subject: Reply with quote

I went through similiar with cctv footage recently and all the (3) places I visited told me 6 weeks and it's scrubbed.
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Irezumi
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PostPosted: 14:31 - 12 Aug 2020    Post subject: Reply with quote

The policy says footage is disposed of after 30 days.

The security have their own reception which they can be asked questions at. I have filled out their report form which is essentially the request in writing. This is then placed onto computer although I have no idea how their record keeping works. Anyone I have subsequently asked has said they need a certain number (which is on the piece of paper) to look it up.
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Kawasaki Jimbo
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PostPosted: 15:08 - 12 Aug 2020    Post subject: Reply with quote

Ste wrote:
It's besides the point why they have CCTV if their security won't check the footage when a crime occurs or what it's for if not this exact type of request. You don't care why they have CCTB or what their reasons are for having the cameras.

It's apposite if it's a means to achieve your objective. You'd think they'd want to hail their success at capturing the event (and currently there's no reason to suppose they didn't). It would justify the cost of the service. If hospital bosses can be invited to ask these questions it might help in obtaining the footage.

Mind you, Security is supposed to monitor and react, not just record.
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martin734
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PostPosted: 15:46 - 12 Aug 2020    Post subject: Reply with quote

Unless you entered into a contract with the hospital in which they assumed responsibility for your bike while it was kept there, there is no chance that their insurance company will accept liability. Same as if you park your car in a council car park and your car gets stolen or broken into, you can't claim for the theft from the council. If you have home contents insurance (which everyone should) then you will probably be able to claim on that.
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Kawasaki Jimbo
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PostPosted: 15:52 - 12 Aug 2020    Post subject: Reply with quote

Oh, I'd missed the OP's true objective;

Quote:
To this end am I able to make a public liability claim against the hospital for damage to/loss of property.


I thought it was just about getting CCTV footage to the police.
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arry
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PostPosted: 17:23 - 12 Aug 2020    Post subject: Reply with quote

martin734 wrote:
Unless you entered into a contract with the hospital in which they assumed responsibility for your bike while it was kept there, there is no chance that their insurance company will accept liability.


They wouldn't if it were contractual either. Contractual liability is excluded under PL, unless liability would have existed if the contract didn't exist, which in this case it wouldn't.

It would be doubly screwed down on the basis that property in care custody or control is also excluded. If you've assumed contractual liability for it, it would be hard to argue it's not in your care.
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Irezumi
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PostPosted: 18:12 - 12 Aug 2020    Post subject: Reply with quote

Kawasaki Jimbo wrote:
Oh, I'd missed the OP's true objective;

Quote:
To this end am I able to make a public liability claim against the hospital for damage to/loss of property.


I thought it was just about getting CCTV footage to the police.

It was to get the CCTV time to give to the police. I just worded my original post awfully.

Anyway, issue now resolved. Thanks for the advice/input Thumbs Up
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Jmoan
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PostPosted: 20:45 - 12 Aug 2020    Post subject: Reply with quote

Irezumi wrote:
The policy says footage is disposed of after 30 days.



The police should go and get it themselves.
I would go down the route Kris suggested.
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bhinso
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PostPosted: 21:25 - 13 Aug 2020    Post subject: Reply with quote

Cycle theft is so rampant and I've lost so many that I believe the only use of the police is to get a crime reference number for insurance and that's it.

With CCTV's I've had so many excuses over the years, Not switched on, deleted footage, no film in, Some bloke parked a van right in front of it at the crucial point, etc. One even explained that the CCTV was pointed the wrong way by mistake, so all it filmed was the tree it was mounted on.
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Skudd
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PostPosted: 18:28 - 21 Aug 2020    Post subject: Reply with quote

Irezumi wrote:
I can't sit through the video, that's against some act which I forget the name of. I believe you have to have training to even use the equipment.


Bingo!

You can't demand like some snow flake and spit your dummy out when you can't get your own way. YOUR insurance should cover the cost not a hospital's and ultimately the tax payer and ultimately ME!!

Go make that redundant.
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Riejufixing
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PostPosted: 22:29 - 21 Aug 2020    Post subject: Reply with quote

Irezumi wrote:
issue now resolved. Thanks for the advice/input Thumbs Up

You wrote that on the Glorious Twelfth. Now it's the 21st. What happened?
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Skudd
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PostPosted: 17:09 - 23 Aug 2020    Post subject: Reply with quote

Riejufixing wrote:
Irezumi wrote:
issue now resolved. Thanks for the advice/input Thumbs Up

You wrote that on the Glorious Twelfth. Now it's the 21st. What happened?


Handed his arse in a paper bag. Laughing
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