Fork lifting a car...my car!

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19 Oct 2002
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Cloud Cuckoo Land
I live on a marina and because they haven't the forethought or planning to designate parking spaces they often find that peoples cars are in their way. Their usual solution is to put the offending car on a fork lift without their permission or a little as a phone call and move it somewhere else.

Is there any law against this. As far as I'm concerned my cars aren't designed to be put on a fork lift how ever careful they are (which isn't something they are known for). They certainly don't know the path of my brake lines in enough detail to be sure they aren't going to damage them. I'm quite happy to contact HSE if it comes to it but it would be good to know if there is some specific law.

My guess is that traffic law won't apply as it is private land which the public do not have normal access to. But surely they still have a duty of care towards me and my property.

They moved a friend of mines (freshly bought) metro yesterday and dented the sills. He's not overly pleased.

Any thoughts?
 
I've read the contract from cover to cover previously and it doesn't mention the moving of cars with a forklift. I can be very confident of this (even if I hadn't read it) because its a standard contract which covers all of british water ways marinas the VAST majority (if not every single other one) will either have a designated car park or no forklift/crane.

They have permission to move my boat but the chances of damage from that are practically nill.

I know my car has been on the forklift before but I can't prove it and there was no damage.

I'm confident if they ever put my MGB on the forklift there would be extensive damage to the running gear, exhaust, braking system, and potentially terminal damage to the chassis (depending on how much rust I don't know about).
 
they have done this a few times on our place with no damage, although normally its company cars and export sales guys who leave them in the way for weeks at a time

The difference is that mine is MY car and I am a paying customer. And they HAVE damaged a car. Not only that but it only takes one slip and the brake lines are damaged.
 
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