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NCP wins its case

6th June 1987, Page 19
6th June 1987
Page 19
Page 19, 6th June 1987 — NCP wins its case
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Which of the following most accurately describes the problem?

• Yorkshire haulier Fred Chappell has lost its bid in the High Court to claim over 214,000 damages from National Car Parks in a case resulting from the theft of one of its trucks from a London lorry park seven years ago.

Chappell, whose registered office is in Ossett, had sued over the loss of a tractive unit, which was stolen from NCP's Vauxhall Bridge lorry park in London, after being left parked overnight in November 1979.

Last week, however, Deputy Judge AW Hamilton QC dismissed Chappell's claim, and ordered the company to pay NCP's costs for the twoday hearing.

The judge said NCP's Vauxhall Bridge park was on a 1.2ha derelict site. The surrounding fence had holes in it, and the road entrance had no barrier, although attendants were on duty. Chappell driver Roy Hawskworth had parked his artic combination there overnight, and had done all he could to make it secure.

Under the NCP's terms and conditions, the 22 parking charge only gave a licence to park', and no responsibility was accepted for the custody of vehicles.

The judge decided that the provision of two attendants, who would ring the police if they saw someone suspicious, was sufficient to comply with NCP's duty of care in the circumstances of this case.

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Organisations: High Court
Locations: London

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