car ransacked
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From: Winnipeg MB
car ransacked
hey guys...ok so heres the deal...i only have one parking spot that i use for my daily driver...and i keep my RX-7 at a storage place in winnipeg...so i go to play with the car today...and someone has ransacked my car and stolen some parts.
so i call the guy who runs the storage place...and he tells me that he wants my car out of there ASAP and that he wont do anything about the stolen parts.
WTF!!! so not impressed right now!
so i call the guy who runs the storage place...and he tells me that he wants my car out of there ASAP and that he wont do anything about the stolen parts.
WTF!!! so not impressed right now!
Joined: Dec 1999
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From: Behind a workbench, repairing FC Electronics.
That's bullshit. You're paying for a secure location to park your car. He failed to do his job, hence you should get you rmoney back or have the parts replaced.
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Joined: Apr 2003
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From: Winnipeg MB
thats my point...well one saving grace is that i have lots of friends with stuff there...who were very concerned about this kind of thing...and hes gonna loose their buisness as well...but damn im pissed off...i have $800.00 worth of exaust parts sitting there...not to mention a car i have put an infinite amount of time in to!!
The reason you actually pay him to keep your car there, is for insurance. He is soley responible for your car while you have it there, and that can mean he took your stuff, which you CANNOT rule out. Cops need to be called before you move it. Do this, and only move your car if the cops tell you too. They'll take this from there. I can't stress though how he's responsible for this, because thats what you pay for.
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you have to be able to prove you have a legal contract to store something(car) there and that the rental fee's are up to date. if it's a secure storage area with fences and you owe no back rent or other overhead.. read the contract, slowly.
if you have no proof, your out whatever...... either way if it's enough to you contact the cops and make a report.
if you have no proof, your out whatever...... either way if it's enough to you contact the cops and make a report.
Originally Posted by Anex 570
The reason you actually pay him to keep your car there, is for insurance. He is soley responible for your car while you have it there, and that can mean he took your stuff, which you CANNOT rule out. Cops need to be called before you move it. Do this, and only move your car if the cops tell you too. They'll take this from there. I can't stress though how he's responsible for this, because thats what you pay for.
While the car is in his possession he is the 'Bailee For Reward' - totally responsible for anything that happens to your car.
I went through this when the Maaco mokeys stole the stereo out of my car while they had it for painting. They lost.
I went through this when the Maaco mokeys stole the stereo out of my car while they had it for painting. They lost.
I'm not entirely sure how it works up there, but 'round here, you'd have to persue two separate cases, one criminal and one civil. So don't just leave it in the hands of the cops; if you want your money back, you have to sue.
I'm not quite sure that paying for the right to use the space for storage is the same as taking your posessions somewhere for some kind of service. His contract with the storage facility will clarify this though.
Originally Posted by Manntis
While the car is in his possession he is the 'Bailee For Reward' - totally responsible for anything that happens to your car.
I went through this when the Maaco mokeys stole the stereo out of my car while they had it for painting. They lost.
I went through this when the Maaco mokeys stole the stereo out of my car while they had it for painting. They lost.
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From: Winnipeg MB
ok, first off...i read the contract when i bought the space...and it may ( i have to re read it) have said "we claim no responsibility for lost or stolen..." but then again i dont think i signed anything...i think it was an implied contract...
now i also asked him if my stuff would be safe there...and he ensured me that because of the cameras and the locked gate which requires a code to open...that my stuff would be safe.so i guess i could also take that as a verbal contract...
now to add fuel to the fire...i was under the impression that my stuff was being watched by cameras...which the guy who owns the place informed me is wrong...some of the property is watched...my stuff just happend to not be watched.
a family friend is a lawer...so maybe ill go in there on monday and say "my lawer has advised me not to move my property untill we have decided a course of action..." and manntis is right...canadians dont sue that much...so the threat of a law suit is often enough to get someone to listen to you.
now i also asked him if my stuff would be safe there...and he ensured me that because of the cameras and the locked gate which requires a code to open...that my stuff would be safe.so i guess i could also take that as a verbal contract...
now to add fuel to the fire...i was under the impression that my stuff was being watched by cameras...which the guy who owns the place informed me is wrong...some of the property is watched...my stuff just happend to not be watched.
a family friend is a lawer...so maybe ill go in there on monday and say "my lawer has advised me not to move my property untill we have decided a course of action..." and manntis is right...canadians dont sue that much...so the threat of a law suit is often enough to get someone to listen to you.
Yes, there are many rights and responsibilities that service agreements will make you "sign away," but the fact is that they can't change the law. It doesn't matter what the agreement says if it is illegal. The problem is that most people don't know their rights or the law and will be fooled.
I'm not familiar with commonwealth law but I assume it means that if they're being paid to hold something of yours, they have to take care of it. The degree of care I'm not sure, it could be reasonable care or it could be full responsibility.
If I had to guess, I'd say that it's reasonable. Then you have the question of what reasonable care is; is it reasonable care of a car by an individual or reasonable care as in what you'd expect from a secure storage facility? Do they have to show that they took the proper [as in, industry standard] precautions, or is it just assumed to be their fault if something happens? You really need a lawyer to answer these questions for you.
If I had to guess, I'd say that it's reasonable. Then you have the question of what reasonable care is; is it reasonable care of a car by an individual or reasonable care as in what you'd expect from a secure storage facility? Do they have to show that they took the proper [as in, industry standard] precautions, or is it just assumed to be their fault if something happens? You really need a lawyer to answer these questions for you.
Last edited by bouis; Sep 26, 2004 at 03:57 PM.
I looked on the Canadian Government site for the term and it appears that the word 'secure' on the contract will come into play. But I cannot find anything detailed pertaining to storage or service companies. I'd still like more info on the 'bailee for reward' term, since I have a trailer in a 'secure' storage site with cameras...
it means the people who took the stereo(maaco) knew that they fucked up.
like the customer wouldn't notice a stereo gone while in there shop.. pretty stupid.
sometimes even a dis-claimer about lost or stolen stuff, and something comes up missing it may depend on how one goes about it. the face to face, face off. if your a large person and walk in there office ready to kick ***. you may get money or ??
but if your a smaller person(mouse) they won't pay any attention to you..
try not to let these people walk all over you, people who do **** like that need to be shot. you know they don't care about your stuff, becoming missing and they say so. so break something of theres and i bet they will care then.. when they say **** you,, so **** them just as hard or harder. IMO but first see how far you can legally go. thieves and people who desieve people for gain should get hurt. ****'em !!
like the customer wouldn't notice a stereo gone while in there shop.. pretty stupid.
sometimes even a dis-claimer about lost or stolen stuff, and something comes up missing it may depend on how one goes about it. the face to face, face off. if your a large person and walk in there office ready to kick ***. you may get money or ??
but if your a smaller person(mouse) they won't pay any attention to you..
try not to let these people walk all over you, people who do **** like that need to be shot. you know they don't care about your stuff, becoming missing and they say so. so break something of theres and i bet they will care then.. when they say **** you,, so **** them just as hard or harder. IMO but first see how far you can legally go. thieves and people who desieve people for gain should get hurt. ****'em !!
Sure, you can:
- intimidate the storage company owner
- destroy his property
- steal his property
- or worse
- or take him to court
These are the options. The first three have the possibility to spiral out of control though...
But I see Manntis' case to be different then Leif's since one company is a service company and the other is a storage company.
- intimidate the storage company owner
- destroy his property
- steal his property
- or worse
- or take him to court
These are the options. The first three have the possibility to spiral out of control though...
But I see Manntis' case to be different then Leif's since one company is a service company and the other is a storage company.
storing is a service. The storage company is charging money to keep the goods in their possession, and therefore their control. Serena would be a good one to ask about this since she's (a) a brilliant lawyer and (b) from Winnipeg
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From: Winnipeg MB
is she an RX-7 girl...cuz i think i have talked to her before...
now i think my trump card in all of this, asside from the "bailee for reward"(thanks mantis) is the part of british common law called "reasonable person" which comes into play with cases of liability.
reasonable person means that in a case of liability, the person who is being accused of being at fault is only at fault if you can prove that they failed to act in a the way a reasonable person may act.
now where this falls in with me is...a reasonable person would put cameras in to watch the property of their customres...which they did...however where the liability comes in is that there were no cameras watching the part of the compound where my car was stored. had there been a camera we could have seen (a) what the guy looked like (b) what his car looked like...and possibly the licence plate.
now what i find funny is that the guy who did this knew that there was an RX7 there (it was under a car cover) and that there were no cameras looking in that direction.
now i think my trump card in all of this, asside from the "bailee for reward"(thanks mantis) is the part of british common law called "reasonable person" which comes into play with cases of liability.
reasonable person means that in a case of liability, the person who is being accused of being at fault is only at fault if you can prove that they failed to act in a the way a reasonable person may act.
now where this falls in with me is...a reasonable person would put cameras in to watch the property of their customres...which they did...however where the liability comes in is that there were no cameras watching the part of the compound where my car was stored. had there been a camera we could have seen (a) what the guy looked like (b) what his car looked like...and possibly the licence plate.
now what i find funny is that the guy who did this knew that there was an RX7 there (it was under a car cover) and that there were no cameras looking in that direction.
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From: Winnipeg MB
do you have her atcual screen name so i can pm her? or an e-mail address...it dosent look like shes a member of the forum anymore.
Last edited by leif; Sep 26, 2004 at 05:28 PM.





