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Discussion Starter #1
We all hate it, and fear it like thee plague...coming out to a tipped over bike. There's emotions all over the place, from anger, to sadness, to vengeful...I figure I'll handle this the professional way....

Here's a letter I wrote today...dropping it off on my way to work:

To whom it may concern.

On Friday, June 23, I was given a citation stating that I violated the employee parking rules, as set forth by Mr. Saldana, the Town Center Manager. I voiced that many other employees from Abercrombie & Fitch were also parked in the same parking lot, and were clearly visible as employee cars as my citation was written at ~9am, when no customers would be present in the mall. Yet, it is the same cars parked out there daily, in the same spots, yet are never written a citation, only my motorcycle is. Ironically, we walked out to a co-workers car and loaded items into it, clearly coming out of the back door of the store and WATCHED the officer give me my citation, yet, nothing was said to us, nor was a citation given to my co-worker or any other vehicle in the parking lot. We even made eye contact exiting and entering the stores back door. At ~9am and earlier, it is evidently clear who is an employee and who is a customer, yet, no other citations were given, but I was discriminated against. And it was clearly obvious when the officer drove past all said vehicles.

I also voiced that my motorcycle saves many other spaces as when a motorcyclist see one motorcycle in a space, they all park there. Not only to be more visible and save other parking spaces for other vehicles, but to save other motorcyclists time by searching for other parking spaces, as you can fit 8 motorcycles in one parking space and still have maneuverability to exit.

I also voiced that, due to the nature of a motorcycle, it is a high theft item. That a motorcycle can be easily stolen in less than 1 minute without looking suspicious, unlike a car. Simply, by loading the motorcycle into a truck, with 2 people. In addition, I told Mr. Saldana that the motorcycle was of substantial value. By comparison, it is the Ferrari of motorcycles as its value is DOUBLE that of your typical motorcycle. Surpassing that of even the pricing AND exclusivity of the “illustrious” Ducati. I was told “well, there are $50-100,000 cars out there, substantially higher than that of your $25K motorcycle…” My motorcycle is a very high theft risk motorcycle due to its exclusivity, and to those in the know, is essentially a Ferrari with two wheels. Examples being it featured in Robb Report as well as DuPont Registry, magazines of exotic vehicles. Hence the reason, most of this type of motorcycle is parked in garages, or even in the owner’s living room. And many, just collected.

I expressed my concern as I did abide by the employee parking rule on my previous motorcycle months ago, and my bike was found tipped over in the parking lot, along with another motorcycle parked next to mine. However, with the value of this motorcycle, I simply cannot afford to risk the bike getting laid on its side due to careless customers, or risk its theft. I’m confidant that if it were in fact a Ferrari, I would be given consideration, but since it is a motorcycle I’m given none.




So, after voicing my concern for my motorcycle, I did adhere to citation and the rules, and on Monday, June 26, parked my motorcycle in the employee designated areas. After work, I came to find my motorcycle lying on its side, with various parts damaged. I had expressed my concern to Mr. Saldana about this very issue and stated that it would not occur if my motorcycle were in a conspicuous place within my sight while at work. After all, in the past 3 months of parking there, there had been no activity to my vehicle. But, on my previous motorcycle that was parked in employee parking areas, it was one week before the motorcycle was found on its side.

I pleaded for an exception due to the circumstances and nature of the situation with this particular motorcycle. Also, that I do not work during peak trafficked hours, or on weekends, so there are ALWAYS spaces available to customers as it’s not peak shopping times. In fact, I’m usually getting off work when the mall opens! Note, that my citation was given between 8am-9am.

The damages done to the motorcycle are attached. I am very confidant in the reasoning this occurred is because the bike was parked in an inconspicuous place, out of my supervision, as it has happened to me before, as well as another motorcyclist. A ding on a car panel is NOTHING like the damages that may occur on a tipped over motorcycle. A tipped over motorcycle can result in a safety compromised vehicle from damages.

I parked in the designated areas AND voiced my concern for my motorcycles safety, and was still instructed to park out there without exception. And be it as it may, the damages I feared occurred the same day I was instructed to park out there.

I feel it is your responsibility to compensate for damages done. If employees are to park out there, there should be on guard security specifically watching employee parking to prevent any situations. Furthermore, attached is a copy of the latest employee parking policy as given to me by my managers. It states nothing about parking at our own risk, or you not being liable for damages incurred. It is your responsibility to supervise the vehicles if you ask us to park so far from our place of employment, especially given their locations. And especially in the case of motorcycles. Again, a ding in a car has a significant difference to that of a tipped over motorcycle, compromising rider safety.

Other malls, even other Simon malls like yourselves such as The Avenues, do not care where their employees park, especially those who ride motorcycles. In fact, it is ENCOURAGED that motorcyclists park as close to the building as possible to avoid this very conflict and situation. Regal Cinemas and Tinseltown security even asks motorcycles to park on the sidewalk behind the ticket booth near the entrance, as to keep an eye on the vehicles.





All I ask is for an exception to this employee parking policy and compensation for damages done while abiding by your rules. Had damages occurred while not parking in the designated area, would be of my own fault for abiding to the policy. But after voicing my position and concern, as well as stating the potential situation and value/disposition of the motorcycle as well as past occurrences, I was still instructed to park in the designated area. And, on June 23rd, damages occurred in the designated area where I was instructed to park, my concerns being dismissed even with alternate low traffic parking suggestions. Only now, can I hope for a future resolution to both motorcycle parking, and my particular situation.


If no response is heard within a respectable amount of time, I will assume this letter has been disregarded and pursue this matter further at a higher level.



Sincerely,


Nathan Evans


Contact information:
Nathan Evans
904-247-8625
Gap Kids Baby Gap Store 9517
Let me know what you think....
 

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From a non-legal point of view i think you made some very good points drawing to their attention that there are no signs stating you are parking at your own risk, also that you had specifically talked to them before about your parking situation. if i were you i would be writting the same letter threatening to take it to the next step b/c that is usually the only way to get people to pay attention. i wish you the best of luck and would like to know how everything turns out.
 

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Discussion Starter #3
Here's a recommendation I got from another forum to use:

Your 'parking policy' has caused nearly $3500 in damages to my bike so until your company provides secure, motorcyle designated parking. I will be parking my motorcycle front and center. Please find and review the enclosed estimate for repairs and contact me as soon as possible so that we can discuss compensation.
I've posted this on other forums and people stated I should shorten it, but honestly, the guy is seriously lacking. I'm using that as a "cover letter". Then stating something to the effect of "also enclosed is an explanation of events leading up to said incident". Trust me, this guy probably blew me off and forgot about the whole situation....it needs to be made abundantly clear of the topic at hand. But that short letter will definitly get thier attention.
 

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Wish you the best. You made very good points, as stated above, especially when you asked for exemption ahead of time to avoid situations exactly like this. Keep us updated
 

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Sounds like the guy is a real prick and hope for the best outcome for you. I believe you could refine the letter a bit and still retain the points you are making as I feel it's a little long but honestly I dont think it really matters as it's an expression of you feelings/demands and not a legal document. I would add the quote you got from the other forum as a summary.
 

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Discussion Starter #7
^^ Exactly what I did, along with a list of parts damaged.

The guy was a dick about it. After I got done explaining the situation, he made it appear as if "who gives a fuck...it's a damn motorcycle...." So I told him WHY to give a fuck that "it's just a motorcycle...." After he sees how much shit is, he'll wish he woulda thought twice about that statement....

He also gave me the impression that "I had to deal with the other motorcyclist and he's still parking in the same employee parking locaton..." Well, the other guy was driving a Yamaha Seca....not exactly the same as tipping over an MV. Especially if I AM THE ONE HAVING TO PAY FOR REPAIRS, or my premiums go up. If I had a Seca, I wouldn't be making a big deal either....

My buddy did the following:

Our office did not have designated m/c parking. Then one day we all got together and decided to make a point. We all started taking one space a piece parking next to each other. That did not blow over too well with building management which is located in our building. I have pics somewhere saved where we took up 11 spaces and people were furious. Needless to say we drove the point home and before the end of the week the memo was out and we were informed that they were setting aside space for m/c parking near the side entrance of the building.

Squeaky wheel.
Well, looks like I got a group park in going!

http://www.sportbikes.ws/showthread.php?t=79625

This is the thread I'm organizing it now that it was mentioned in the above thread.
http://www.sportbikes.ws/showthread.php?p=986762

Looks like we're gonna go make a point. Hopefully they get really pissed, cause that parking strip is like HEAVY TRAFFIC, HIGHLY DEMANDED parking, and is really the lifeline of the mall. Even 15 bikes...would completely take up like one side...imagine like 50 bikes showing up before the mall opens, and being there till close. So awesome.
 
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