Vehicles Parked at Owner’s Risk – Enforceable?

[henrygregory]

Hi there,
We have a staff car park at work, it is heavily oversubscribed and abused by people who could easily walk but chose to drive to work for convenience.

Several years ago, my vehicle was hit in the work car park by a colleague’s car. The colleague was not driving the car at the time, the premises manager was. He often moves vehicles around in the car park during the day (due to the overcapacity) to save disturbing staff members from their work. Very helpful, but he does not treat vehicles with respect and has hit several in my time here, and just doesn't care.

After the incident (which I did not take action over as my car was old), a “Vehicles Parked at Owner’s Risk” sign went up in the car park.

My question is, how enforceable is this? The car park is privately owned by my employer. My employer is the government. Other owners are surrendering their keys to someone and allowing them to drive their vehicles - not something I am comfortable with. I do not agree to this, so do not leave my keys with anyone as I am the legal owner and only driver of my vehicle.

My reasons for asking are that my old car is not going to last much longer and I am going to have to get something shiny and new. I am petrified it is going to get damaged and I will have no recourse of holding the offender to account.

I would be grateful of any advice. I would love to not use my car but work is a 85 mile round trip away, so a car is very much necessary.

[R0b]

Hello

I suppose my question is who are you wanting to take action against? The short answer to your question is that disclaimers won't apply to everything, for example personal injury or death. It can, however, apply to damage to property subject to reasonableness.

Having said that, I would take the view that the sign would relate to any claim you make against your employer not the individual driver of the vehicle. Therefore I think you could very at least attempt to pursue the driver for the damage caused to the vehicle.

Equally, there may be an argument that the employer (either the government or a third party?) may be liable vicariously for the actions of that employee. It's been a while since I've touched on vicarious liability that usually applies in an employee/employer situation but not sure if that would also extend to two parties who are not in an employee/employer relationship i.e. the driver and the third party who drives their vehicle; I don't think it does without double checking but i'm sure someone more in the know could answer that.

[des8]

My take is similar to R0b's in that I think:
Clearly if the premises manager is authorised by the employer to move the vehicles the employer has a duty of care towards other vehicles parked there.and would be liable.
If he does not have that authority,.but acts negligently during the course of their employment the employer will be vicariously liable to the third party .
However it is also possible that the owner who gives him permission to move the car is vicariously liable to an injured third party as the manager is acting as the owner's agent

[charitynjw]

My 2 penn'orth.

Imho, the driver of the vehicle should do some sort of risk assessment before attempting to move the vehicle, permission given or not.
It is possible that, as des8 states, the firm could be vicariously liable,

[paulajayne]

Was he insured (names driver), for that vehicle? If not your claim is against the insured driver.