Bike stolen FROM Evans Cycles...

Treas0n

Hi,

I need some help regarding a recent event, in which my bike was stolen FROM an Evans Cycle store. I had taken the bike in there to buy some winter clothing and decided to use the provided bike storage hangers. These are located upstairs and the clothing downstairs (you see where I'm going with this). So I left the bike upstairs as I have done many times in the past, proceeded downstairs to buy what I needed to buy, then came back upstairs - the bike was gone.

My insurance company have refused to help because the bike wasn't locked (why would I lock it if it was INSIDE the bike shop - maybe I'm being naive here) - and Evans are refusing to help simply stating that any bikes left on the premises is done at the customers responsibility. As far as I'm concerned - this isn't good enough. While Evans may provide the facilities for customers to store their bikes, they have to take some amount of responsibility if a crime happens on their premises (right?). Has anybody else had a similar experience - with Evans or another bike store? I'm currently seeking legal advice into the matter as their answer just doesnt cut it. They also have no CCTV on the top floor - (im almost convinced this was an "inside" job, and that employees know there is no way of being caught).

I'm currently drafting a letter of complaint to Evans as i feel they are in some way responsible for this. Its all well and good saying they provide the facilities for customers to use, however they provde no security!

Does anyone have any advice on how i can play this out?

slippeddisc

Was there a sign stating no responsibilty for any bikes left?

Treas0n

There was a small sign yes...does this completely dissolve them of all responsibility?

schlepcycling

This http://en.wikipedia.org/wiki/Bailment might be helpful, see the section terms regarding consideration versus gratuitous, it would seem that yours was gratuitous and you would be entitled to a standard duty of care.

slippeddisc

Treas0n wrote:

There was a small sign yes...does this completely dissolve them of all responsibility?

I dont know my friend, i would think they'd play this card with you straight away though

As a security engineer i'm so suprised they dont have CCTV everywhere or at entrance so they could see who took the bike out.

Please update the thread when evans get back to you.

Pooter

I've had a thumb through palmer on bailment (the key text on this area of law) but i'm afraid you don't have much of a case. In Tinsley v Dudley CA 1951 a customer's motorbike was stolen from a yard/garage which formed part of a pub. The pub won, and the judge said in all cases where the owner of premises has been found liable for theft/loss of property there has to be a contractual acceptance to take care of the property by bailment. bailment had not arisen in your situation. You were free to take away your bike at any time so technically it remained in your possession. It's different if you hand over a bike / car etc to be repaired. Your best hope is a gesture of goodwill from the shop so be civil in your letter and keep the "inside job" theories to yourself. Bike racks are nothing more than an invitation to leave a bike at your own risk.

5 turnips

If Evans had not accepted responsibility for the bike, indeed they have absolved themselves of responsibility through the sign they had, then they have no legal responsibility and any legal recourse would be pointless. However legal responsility differs from a moral responsibility and I am disappointed to read of their "not interested" approach. I agree with the earlier message that your best hope is they give you a significant discount off a replacement bike or sell you one at cost (bear in mind they will be making 100% margin on most of what they sell)...I'd keep your communication with Evans positive and report back via Bike Radar if they still do not help...the cost of negative PR to a company like Evans is considerable...more than the cost of selling a new bike at cost. Good luck.

bone_idle

Was this the Spitlefields store? I have left my bike on that rack a few times and was assured by the shop assistant that someone would keeping an eye on my bike while I was downstairs having a spend up. I will never trust them again.
Hope you get it back what ever, I would not put any hope on CCTV waste of time.

Treas0n

bone_idle - yes, this was the Spitalfields store - I will never be shopping in Evans again, regardless of any outcome i get out of this.

Thanks for all your info - very helpful, I will report back as soon as i have any info.

Wappygixer

CCTV most of the time is useless to be honest.This is due to the high cost of getting a decent system which most shops cant warrant.
I feel sorry for your loss but its not really Evans fault is it.At the end of the day they try to help by putting racks inside which is a hell of a lot safer than racks outside.For all Evans know you could have faked a theft (I'm not saying you have either).
Its impossible to expect a member of staff to watch items all the time as customers ask questions and need help finding things.
I get customers asking all the time if they can leave their bike near my workshop and they get the same response everytime, "yes but its at your risk, bike racks that can be locked up outside".
I did havea guy lock his bike up outside the other week in the bike racks.His £800 pride and joy locked up with a £3 bike lock.He did wonder how they got through the lock though, a pair of scissors perhaps?

MrChuck

Without knowing the layout of the shop, from the details you've given it sounds like leaving it in these racks is essentially leaving it unlocked in an area accessible to the general public. Sorry if it sounds harsh, or if I've missed something here, but it just sounds like asking for trouble.

Still sucks that it's gone, I had one pinched a few weeks ago so you have my sympathy!

rooster84

mate - feel your pain. Gutted!

I've personally been to that store a few times and always questioned the set-up. You can't carry your bike downstairs as it get's "crowded", but they tell you to leave it upstairs. Generally, who will doubt the bikes security when inside a cycle shop next to a counter which always has two or three employees. There are always so many bikes in the top floor as it is (entrance), bewilders me how there is no CCTV.

Granted Evan's technically have no legal responsibility for your bike when they have a sign that says so, however, would the story had been the same if it were against the counter only a few feet away from the bike rack (more like a large coat hanger), and it were to have been stolen - would evan's still claim no responsibility?! Sickens me as no doubt the store is insured. I wonder if they were to change their tune had the bike been worth several thousand pounds (maybe yours was the case).

Hope you get some justice/reward out of the situation, no doubt many others will take some pleasure out of getting one over Evans if you triumph. Please keep us posted friend and best of luck.

Balint @ Evans Cycles

I have noted your posting regarding your bike loss from our Spitalfields store and I understand that our Customer Relations team have discussed this matter with you also.

It is of course appreciated that your bike being stolen is a very disappointing and frustrating matter, however, I do hope you will understand that this is not a matter caused by Evans Cycles.

As I believe has already been discussed with you, the Spitalfields store, along with other stores, do offer a facility whereby you can lock you bike up within the store, to assist in areas whereby there may not be general bike racks, close by the store.

In such instances, clear signage is displayed stating ‘this will be at customers own risk’, as these areas are not a manned, secure area. As I understand it, you chose to leave your bike there, but did not actually lock it up. With respect, it would have been prudent to do so, as this would have made it somewhat more difficult for someone to just walk away with it.

Unfortunately, your bike being stolen from this area does not fall down to the responsibility of us as the retailer. As I am sure you are aware this is a very busy store and it would be unrealistic to expect staff members to be monitoring this area, ensuring it is the correct person taking a bike away, as they may not have even witnessed who had placed it there initially.

In relation to CCTV monitoring, Evans Cycles do not currently have monitoring of their own in this part of the store. That said, there are security cameras outside the doors of our store which are monitored by the complex security and the Spitalfields Store Manager has made contact with them, to see if they can assist in anyway. Should we receive any further information, we will of course make you aware of this.

However, from Evans Cycles perspective we would be happy to make a gesture of goodwill by way of a discount on a new bike, should you be looking to replace yours. This is at the discretion of the Store Manager and he would be happy to offer a 10% discount, in line with this matter.

Overall, I am personally sorry that you have been subjected to loosing your property, to an all too common occurrence, of an opportunist thief. With regret, in the culture we currently live in, every precaution must be taken to protect our belongings.

Thank you for your time and do let us know if you wish to take us up on our offer.

Balint @ Evans Cycles

Treas0n

While i completely appreciate that this is not a matter caused by Evans, Evans do have a duty of care towards their customers that i feel they have completely failed on, on this occasion.

While with hindsight it would definately have been prudent for me to lock up the cycle - the same could be said about the lack of store security - what measures are now being taken to ensure that further customers do not have to suffer the same fate?

With all due respect, I received a 10% discount when i bought the bike - I hardly feel that that is a sufficient offer when the bike was stolen on your premises.

This is however a personal matter i have with yourselves, and not one i wish to discuss over a forum. My original post was made to gather feedback from other cyclists, who may have found themselves in a similar position such as myself. You clearly have seen the amount of interest this post has generated and how this currently does not look great for the Evans brand name.

If you wish to discuss this further then please message me privately or use my telephone number that I gave to a member of Evans Customer Service over the the phone.

lovestheclimb

Mate i feel sorry for you.
plus the audacity of balint @ evans to offer you 10% discount, 10%!!!!!!!!!!

i live in close to spitalfields so i think it would help if you listed the make and model plus colours of the bike and I'll definitely keep an eye out for it.

regards

lovestheclimb

Mate i feel sorry for you.
plus the audacity of balint @ evans to offer you 10% discount, 10%!!!!!!!!!!

i live in close to spitalfields so i think it would help if you listed the make and model plus colours of the bike and I'll definitely keep an eye out for it.

regards

Wappygixer

I think its a generous offer personally.
As a retail manager I think they have offered far and above what is really required.
How would you feel if they had a security guard that would look after your bike at a charge of £10 to cover his wages?
As I said in my earlier post they do more by at least offering you indoor racks.If you were to nieve to leave your bike unlocked then I think you just need to put it down to a learning experience which one would hope you will not repeat.
If Evans have a duty of care in the store does that mean the complex owners have a duty of care for outside storage?Would you have tried to get a new bike out of them also?

rooster84

@Wappygixer

I think the point here which you have missed since you are a "retail manager" is that if it had been outside then the bike would have been locked up therefore it would have been dealt with the insurance company. You would assume the safety of your bike in a bicycle shop of all places is a given. Your post is actually quite flippant.

10% is insulting as you get that by default when you buy a bike - I've bought my fair share of bikes and always had a 10% "manager discount".

You should stick to retail therapy mate.

Treas0n

As a retail manager you seem to be missing the point. What's the point in offering bike storage without bike safety? Even had I chose to chose to lock the bike - there is nothing to lock it to.

I almost wish the bike was stolen outside of the Evans store - they seem to have better security out there...

Heckler1974

Disapointing response from Evans and dreadful PR. With the amount of people who read these forums who will now think twice about spending money in an Evans store because they can't feel secure about leaving their bike in the store, Evans will wind up losers.

Ah well....

WisePranker

Sorry to hear about your bike mate.

Good to see the Evans PR machine at it's bes. I understand that they're not wholly responsible for the theft but you'd at least expect that they'd be more sympathetic and possibly offer some better kind of discount on a new bike.
Surely the money they lose by way of the discount would be offset by the poster and all his mates staying as Evans customers when he tells them what's happened?

fixie71

I think some are being a bit harsh on Evans PR, every case is individual. I had issues over a branch overlooking a returned failed Bianchi frame, Evans PR kicked some ass and in double quick time (barely an hour after putting phone down) I was arranging to pick up a brand new replacement frame, the shop management failed but the PR did brilliant. I have no connection with Evans cycles.

antfly

Is all they did is offer to sell him a new bike, that's not much of an offer.

MrChuck

You would assume the safety of your bike in a bicycle shop of all places is a given.

I don't see why you'd assume that at all, any more than you'd assume that the safety of your bag (for instance) was a given if you left it lying around while you went off and shopped. As I read it, he hadn't handed it over to them for some work or anything, which would be different.

Still sucks to lose your bike that way though.

finrodfelagund

This is a complicated issue and I have no legal experience so will not pass judgement on the incident itself and where ultimate responsibility lies.

That being said, I feel sorry for you mate, personally I would have thought there may be some security in knowing the bike was in the store, can you easily pick up a new bike from the showroom and take it outside - I dont think so. You would be wrestled to the ground within minutes!

What I find dissapointing is that Evans have decided to communicate with you through this forum in an attempt to placate themselves and in turn further fuel your anger. This is VERY unprofessional behaviour. You would hope a company the size of Evans would show more sympathy and understanding and at the very least increase security levels for the bike storage in store to re-assure you it cant happen again

A gesture from Evans from the outset would have been a minimal cost to them compared to the mileage they would get from POSITIVE publicity had they managed this properly.

Good luck.

theblender

You would assume the safety of your bike in a bicycle shop of all places is a given.

I'm a retail manager too, and on occaisions, our DISPLAY bikes have been stolen during busy periods by opportunist theives, staff do not have the time, and are not paid, to babysit peoples bikes - your bike is your responsibility - the shops bikes are the shops responsibility.

It is in no way Evans fault that his bike was stolen - shoplifters operate in shops - the poor chap didn't lock his bike up, and some scumbag took the oportunity to steal it - it's a real shame, but the OP is naive to think the bike was safe.

I think Evans should check the CCTV etc, and probably do a stock check, as it's likely other items were stolen too, and offering a discount on a new bike is an adequate gesture of goodwill.

If the bike was in for repairs, and was under the specific care of Evans, then Evans would be liable.

He left it unlocked in a place where shoplifters operate - bet he would've locked it up if Evans did charge £10 for a security guard to look after it.

If you had "secure" car-parking at work, would you leave your car unlocked?

finrodfelagund

In addition I would be interested to know if this has happened before - sounds like the thief knows the store and how to operate. If it has, how did Evans deal with it and have they increased security?

UpTheWall

Man that sucks.

Really knocks your trust in your fellow man.

I've been into London bike shops and left my bike in the rack by the door to shop.

Usually the staff have said they'de keep an eye on it for me.

I'm suprised they don't have insurance to cover this kind of thing. Shoplifting is a problem all shops have and would have thought a shop where you have kit worth 1000s you'd have descent cover.

Also 10% is pretty laughable. I would have thought they'd offer cost.

theblender

finrodfelagund wrote:

In addition I would be interested to know if this has happened before - sounds like the thief knows the store and how to operate. If it has, how did Evans deal with it and have they increased security?

How will the OP increase his security on his bike next time he goes shopping?

Maybe Evans could provide security guards to look after customers bikes, but would you pay for the service? Think of the costs to the store....and the logistics....customers would have to obtain some sort of ticket, provide photo ID and sign a disclaimer...and the shops insurance premiums would increase too....why should the store pay to look after sombody elses property because they can't be bothered to lock it up?

maybe this is a new business oportunity for larger bike stores....(mud dock in Bristol have secure facilities which you have to pay for I believe?)....£5 for every 15 minutes or part thereof...any less than this then it's not commercially viable.

Heckler1974

If Evans want people to continue using the store on their bikes then they better do something about security, why offer the facility to park your bike in store and presumably shop in the knowledge your bike is safe then shrug when here it's proved not to be.

Think I'd rather go to an LBS and chain it to a lamp post, at least the LBS isn't ofefring a facility to park my bike so I don't expect it.

barrybarryr

OP - Did you see the sign before or after the bike was stolen.

If it was small and you did not see it in advance of putting your bike on the rack then a duty of care may be owed.

You should press Evans head office and see if they will sell you one at trade price.