Damage to Motorbike

[itchybum26]

Hi,

Hoping somebody can provide some advice on this matter. It might be slightly long so that I don't drip feed.

My DP has a motorbike which is kept locked and chained in an alleyway next door but one to our house. We live in a terraced house which has an alleyway that runs behinds all houses and has a middle entrance next door but one to our house. All entrances/exits to the alleyway have alley gates on them that residents have keys to. The alley gates have been in situ for quite a number of years so some residents have lost keys/not passed keys on to new residents when selling houses etc.

All residents are entitled to utilise and access the alleyway and those residents that don't have keys tend to use neighbour's keys or ask a neighbour to open the gate for them should they need to move large items of furniture or have building works completed.

Our next door neighbour to our right hand side recently had a new external wall built from which rubble was left in their garden. On Monday evening we were at home and heard the rubble being shovelled up from next door's garden through our open patio door.

Yesterday afternoon my DP went into the alleyway to get his motorbike as he was going to go out and found that the bike had been moved from where he left it. it was now propped up against the wall with the left hand indicator supporting the entire weight of the bike with the side stand not even touching the floor. The left hand wing mirror had also been pushed in and was also pushed against the wall.

There are five large, deep scratches on the right hand side fairing of the bike, the left hand indicator is cracked and the stalk broken (from supporting the weight of the bike) and the wing mirror casing on the left hand side is also cracked. There are also two scratches of the left hand fairing from the bike being pushed against the wall.

Behind my DP's bike were six rubble sacks containing left over broken brick and cement which could only have come from next door's garden. It appears that the bike has been pushed against the wall to allow room for the rubble sacks to be carried towards the exit of the alley and these full bags have been scratched against the bike on numerous occasions as the scratches on the right hand fairing are all in different places. There is also brick dust on the bike.

My DP knocked next door and informed them of the damage to the bike and requested the builder's phone number so he could talk to the builder about the damage. It appears that it wasn't the builder removing the rubble it was actually the Father of the lady next door and he is denying all of the damage stating that he didn't touch the bike. The Father stated that he is working nights this week and will come round on Saturday to, I imagine, deny it again.

My DP didn't want to wait so long to try and get the matter resolved and although it now being very awkward with the neighbours has reported it as criminal damage using the police 101 number. My DP has been informed that he will be contacted within 24 hours. This was last night and I don't think he has been contacted yet which is fine, it's not a hugely urgent matter.

DP has taken pictures of the position of the bike and the damage that has been done to it but will the police really take this matter seriously as we don't have evidence of the damage actually occurring?

Does anybody know what our options are in resolving this matter? We're probably looking at around £500 worth of damage as both side fairings will need to be completely replaced.

Just to add that only last week the Father of lady next door knocked on our door at 7.30am to ask for the bike to be moved as he was having a skip delivered and needed to move old bricks to the skip. The bike was moved straight away. We have lived in our house for many years and all the neighbours know that they can knock at any time and ask for the bike to moved if they need access to the alley.

DP can't claim on his insurance as his policy is only TPFT.

Thanks

[YouSayBelloISayPoppaye]

If he's denying all knowledge and you have no witnesses and didn't see them scratch the bike I don't think you can really do a lot

[Thymeout]

You may also be on dodgy ground as your right to use the alley is restricted to access not parking. Neighbour's dad may argue that the bike shouldn't have been there in the first place as it was causing an obstruction to a right of way. Of course, the nice thing to do would have been to knock on your door again, but he doesn't sound a nice sort of man.

You have been relying on the goodwill of your neighbours not to mind having to ask you to move the bike and it sounds as if it's run out in this particular case. I doubt if the police will be able to do anything for reasons above - and also because the alley will be regarded as private land.

I think the best you can hope for is if your neighbour can prevail on her dad to make some sort of financial offer to preserve neighbourly good relations.

Sorry not to be more hopeful. I know of a similar case where a push bike was being left in the communal hall of a block of flats. No one directly complained, tho sometimes it was rather roughly moved. Finally, one night it was put outside the front door and never seen again.

[Thymeout]

Sorry - should say I've no legal knowledge. Hopefully someone more qualified will take a more optimistic view.

[Collaborate]

The question of whether you had a right to leave the motorbike there in the first place is irrelevant. If he caused damage to the motorbike when moving it then he will have to pay compensation. The problem you have is in proving who was responsible for the damage. You've little to lose by taking him to the Small Claims Court to recover your losses unless something of course can be agreed in the meantime.