Damage and theft in public and private parking lots are a recurring problem, and for many of us the answer is, in most cases, uncertain.
by Luis González Nogales*
The problem of the parking lots of different companies and institutions and are subject to damage, theft with forcing of articles and accessories within them and even theft of the vehicle, are common in most of our countries and although there are legislation and sentences of the judicial authorities in this regard, the use of signs that try to demarcate responsibilities on what may happen is increasingly widespread.
We are going in this article to try to identify the different elements that occur in these situations trying to open a debate that contributes to improving both prevention efforts, analyze the responsibilities when an event happens, as well as the procedures to follow.
Classification of parking lots
Parking lots can be classified by parking lots into the following categories.
Parking on Public Roads: These are the areas of public roads where it is not forbidden to park according to the law and regulations in force.
Parking in Private Areas: These are the areas intended for the parking of vehicles within private enclosures such as: residential garages, shopping centers with their own parking areas.
Private Parking for the Provision of Public Service: These are areas intended for the parking of vehicles, authorized by local governments and the Traffic Safety Specialty and where a payment is made for the service received from keeping the vehicle parked for a set time.
Parking Vehicles Depots: These are the areas intended to park vehicles removed by traffic or municipal authorities for traffic violations or other causes.
There is a category of fact that is when commercial and service establishments take public areas as private parking lots and limit the possibility of parking only to the customers of the establishment either by the direct hiring of personnel that regulates and limits the parking as by the permissibility of personnel who are offered as caregivers of the vehicle.
Effects that vehicles may suffer
Parked vehicles can suffer two affectations from two different sources: Nature through manifestations such as earthquakes, landslides, floods, which is normally recorded in policies as catastrophes and other risks of nature.
People through intentional damage such as glass breakage, partial theft of accessories or equipment, total theft, arson, traffic accidents, damage from popular riots, strikes and labor riots, etc.
Procedures when vehicles are affected
When a vehicle suffers an affectation if the source is nature, the insurance company is notified if the contracted coverage contemplates these risks.
When a vehicle suffers an affectation if the source is of a human nature, the procedure is:
1. Make the complaint to the competent authority which may be depending on the different regulations, in the case of Nicaragua are:
to. The traffic specialty of the national police if the affectation is the result of a traffic accident while the vehicle is moving or parked.
b. The specialties of investigation of the national police if the affectation is the product of another cause not related to a traffic accident. (Damage, Theft, etc.)
2. Wait for the results of the investigations.
to. If it is a traffic accident, it will proceed first according to the traffic law and then according to the criminal code if the case warrants it.
b. If it is of another nature, the case goes to the prosecutor's office for its judicial process.
3. Make the claim to the corresponding insurer and / or wait for the process by judicial means.
Damage to parking lots in private areas.
Considering that the majority of the dissatisfaction of the population occurs in the parking lots of centers and commercial establishments that have parking lots which we can classify as parking in private areas, since they are limited in time to the opening of the premises or the occupant has to visit or consume in the premises that facilitate the establishment as well as the establishments that occupy public areas for their benefit as we pointed out above; we must make the following considerations and arguments of both parties.
1. The consumer who parks his vehicle in a private area owned by the establishment goes to it by invitation of the establishment through advertising, marketing and other techniques that businesses occupy to attract consumers, part of this invitation is the possibility of parking the vehicle and also that someone is taking care of it considering that in most of the parking lots mentioned there are physical security personnel or signs that the place is being monitored by security cameras.
2. Therefore, the consumer's expectation is that when leaving the establishment his vehicle is in the same conditions as I leave it.
A large majority of establishments have chosen to install signs that seek to avoid or justify behaviors and responsibilities.
As is the case with the following arguments:
*The Customer may have been lost or robbed elsewhere and comes here to complain for compensation.
* It does not cost us that what he claims is true that he was stolen here.
* We are not aware that the damage to the vehicle was done here.
* Parking is free, or parking is a free service to our customers.
Some of the assertions may or I know have been true at some time or circumstance but to my consideration it is a very simple assessment and that places all customers who may have an event as potential criminals who are going to make false claims, we must be more equitable and place the perspectives in their right dimension.
Modus operandi of crime
to. The estimated time to open a vehicle and steal the accessories, the contents of the glove compartment and what is on top of the floor and seats is less than a minute, according to videos that I have had the opportunity to analyze different facts of this type.
b. The most common way to perform this action is that a vehicle is parked next door, opens one or both doors and while a criminal appears to perform some action of checking, cleaning, etc. Another criminal protected by the semi-open door breaks the door opens the door penetrating the vehicle and stealing what is at hand; proceeding to pass the vehicle close the doors and leave the place. This can also be done from a motorcycle but implies more risk of observation by not having the protection of the semi-open doors.
Responsibilities and protective measures
The main responsibility of companies that have private parking or that are responsible for public parking for the private use of their customers is the deterrence of criminals from carrying out these acts and this is achieved with the implementation of organizational and technical measures such as the following:
*Back parking: This measure of an organizational nature and that already in many institutions and places is mandatory for employees and visitors has a series of important advantages such as:
- Facilitates the evacuation of vehicles in the event of a natural disaster.
- Facilitates the driver's vision when leaving the parking lot.
- Reduces accidents inside parking lots (the most common are those of two vehicles backing up to exit).
- Facilitates the identification of the location of vehicles in parking lots when incidents occur.
Identification of parking lots: The identification of parking lots is divided into two aspects:
* The identification of the parking space is itself to have it as a reference in all the information that is generated from it.
* The identification of the vehicle that occupies the square and at what time it occupies it and therefore the two that occupy the parking lots on the right and left.
The previous point does not lead to the monitoring and registration of activity that will consist of maintaining these records of occupation of each square, vehicles that were parked on the sides, time of parking and exit of the same of each vehicle, all indispensable data to be able to reconstruct and carry out the investigation of a possible claim of damage (dent, rayon, etc.) to the vehicle, such as forcing or stealing accessories, items, etc.
Identification of the spaces: It is usually done through painting the parking places and the installation of poles with signage of the parking area.
The registration and monitoring of the activity is usually done through Security Guards that are writing down in notebooks the plates of the vehicles, sometimes the time, but the most usual thing is that this information is not consolidated, nor analyzed or not is available and updated at the time it is needed.
Today this can be done much more easily and even economically through Closed Circuit Television Systems and video analysis programs that can allow those responsible for parking lots.
Tracking the movement of a vehicle when parking or leaving the parking lot with time stamp.
Identification and recording of vehicle license plates
* Programming of Pre-Alarms when the spaces between vehicles are occupied for more than a certain time (this helps to identify the operator of the cameras when the side doors of the vehicle remain more than the prudential time established to get off open or there are people standing next to the vehicle more time of the prudent).
*Alarms when a vehicle is driving in a direction or has an unauthorized speed.
*Record of evidence when there is an accident.
As an added value with the records that are automatically generated, the Head of Security, as well as the business owners can analyze quantity and frequencies and times of stay, average of vehicles per day, week, month, etc. parking preferences and other information that can help improve both parking and the perception of security of customers in them.
The quantity, type and specification of cameras, recording receipt time, and the technical considerations that this type of installations carry out will correspond to the particular risk analysis of the parking lot that is being considered.
Finally, we must consider that this problem, although the most affected is the user of the parking lot, both for the economic and moral damages it suffers, the establishment suffers an important impact on its image and future influx of customers, so the best investment in image and advertising that a company with large parking spaces can make is to invest in the safety of its customers.
*Luis González Nogales is the president of the Central American Institute of Private Security, Incaspri. If you want to contact him you can write to the email [email protected]
Leave your comment