!6 caravans were broken into at the Coassa Gold site I store my van on, not one managed to get any compensation at all. Every one that I spoke to had the same advice from their solicitors as I had from mine, "claim of your insurance" When I pressed mine to go further, he asked me the questions that a magistrate would ask.
1. Were the gates locked?
2. Was the CCTV working?
3. Was the security lighting working?
4. What else could you reasonably ask them to do, to protect your van?
If the answer to 1--3 is yes, forget it.
Very good answer.
You would also be suing under contract law, so negligence would not have to be proven...just a breach of contract. If you look at your contract you will not find any written guarantee that there will be no theft. What you will find is a contractual obligation to provide secure fencing; locked gates; CCTV; Security Lights; and in my case a ditch (try getting a caravan across that!!) plus a card entry system that records who comes and goes and when.
My own contract also requires me to have insurance in place. Some sites require you to remove valuable electronic gear so if you leave it in then its clearly your risk. You are in breach of contract in those cases.
Truth is COSSA sites provide a greater secure compound for your caravan than you do in your drive. They don't provide absolute guarantees - unless of course they do not deliver their part of the contract like leaving the gates open.
We all pay insurance premiums so that we can be recompensed if we suffer a loss so why spend your time suing someone, who will probably defend their position, taking you a long time to find that they are not liable. Take the easy route, via your insurers. If there is a valid claim against the site owner I am sure that your insurers will be happy to take an assignment of your claim and pursue the owners. The owners will then pass the claim to their insurers and all will be sorted without you even knowing...or caring for that matter
Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Are storage thefts inevitable??
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