Lost bike liability? Get free advice!

Questioner

Good day, As a private individual I am confronted with the following. On February 2, 2015, as a tenant, I receive a letter from the owner of the apartment (Real Estate Management Company) announcing that a bicycle campaign will take place. The bicycle campaign included labeling stray bicycles, as well as bicycles that are parked in undesirable places in and around the building. After labeling, these will remain there for 14 days and if the label is not removed, they will remove the bicycles. According to the letter, this action is due to the fact that there may be many bicycles of former residents (where I live is an expat region and people come and go every 2-3 years) and the many bicycles there create an unkempt appearance. On February 16 (Monday) I recently tied my relatively new bike (read 'definitely not a stray bike') to the lamppost in front of the apartment building. The days after that I was very sick and stayed home (called in sick at work). Monday February 23 I find out that my bike is no longer there. I immediately called the caretaker and he indicated that the bicycle action was carried out last Friday (20 February). He also indicated that the labels had been on for a maximum of 4 days!! The caretaker asked me to walk with him to the underground garage of the flat because that is where the removed bicycles were placed. My bicycle was not among them! Then the caretaker invited me to the office to look at the photos. A photo was taken of every bicycle that was removed. My bicycle was on the photo with a label too! The caretaker advises to contact the manager of the property management company on whose behalf the bicycles were removed. I have pointed out to the manager by e-mail that it is not stated anywhere that the lamppost is an illegal place, that they have not adhered to the 14 days and that my bike has been placed in the parking garage in the open (my chain has been cut and the bike was still locked). Every resident (4 porches of 6 floors each) can enter the garage with a key, as well as the cleaning ladies and other employees. I have demanded my bike back or a compensation of 629 (the purchase price of the bike). The manager does not want to accommodate me, ignores all the points mentioned (such as the fact that the 14 days were not provided) and advises me to contact my insurance. That is of course nonsense. I have filed a report with the police (stolen, unknown perpetrator). This is a civil matter, says the police, and I have to solve this on my own (I do not have legal assistance insurance). I know I am in the right but what can I do to win? I want to, at least on principle, oppose this. Moreover, it is a bike of 629 euros, 5 years old, hardly used, looked brand new. My idea is to hold them liable now by registered letter and send it to the management. But if I get a negative answer then I have no other means left than the court (in my opinion). I am not a specialist at all but I do work with tax legislation so I have been able to gather some more information. Would you like advice and even a draft of a letter for holding someone liable? Thank you very much.

Lawyer

From your story it is clear that the organization that removed the bicycles is liable for the disappearance of your bicycle. And is therefore legally obliged to compensate for this damage. It is indeed also possible to call on your insurance and submit the damage there. As a tip, make sure you have a good substantiation and submit this to the insurer. In this way, your insurer will recover the damage from that organization. If necessary, I am prepared to write this substantiation for you. In this way, you are done for a reasonable rate. A lawyer on a legal aid basis is also a possibility, in which case you pay a personal contribution and any court fees.