Given wrong motorbike on collection day

Hank_Scorpio

I bought a moped about 2 weeks ago. I paid with cash on the day I went to view the bike. I was told I could collect it on the weekend. Which I did. I collected the bike, they gave me keys and off I went. I got a phone call on Saturday asking me to go into them on Tuesday as they think they gave me the wrong model.

Thing is, on the first week of owning the bike, I was going around a corner, in the left lane, a fella driving a car that was in the lane for turning right suddenly changed his mind and turned left at the last minute, so I was left with one of two options, get run over by this car or swerve, so I swerved, right into a kerb and had to ditch the bike, resulting in a scratched mud guard broken bit of plastic on the side, scratch plastic foot rest and a small scratch on the body.

What will happen when I go back to the shop? Will I have to pay for the damage to bike that was given to me if I have to give it back and take the correct model? I don't have the correct licence for the vehicle they gave me as it's a 125cc and I only have class M licence. Where do I stand?

eth0_

Hank_Scorpio wrote:

I don't have the correct licence for the vehicle they gave me as it's a 125cc and I only have class M licence. Where do I stand?

It's quite likely they'll make you pay for the damage.
What were you thinking, taking a bike you're not qualified to ride? You were breaking the law, did you honestly expect to get away with it, or that the bike shop wouldn't notice they gave you the wrong bike?

Hank_Scorpio

Well for starters, I gave them the money. I collected the bike 2 days later. I had never been on a bike before, never bought a vehicle before. I didn't know they gave me the wrong bike until 10 days later. I still would not have known it was the wrong bike until they rang me.

And secondly, I went up to them this morning, they took the other bike off me, brought out the actual bike that I did buy and sent me on my merry way, without a question or a word about it. I didn't have to pay anything extra and I had told them about the damage to it before I went up. It seems they have accepted full responsibility for the mistaken bike being given to me, and as far as I'm concerned, the issue is dealt with. I know have the correct bike, with the correct papers, it matches my insurance policy details and the licence that I hold.

bullrunner

its probably cheaper for them to repair the damage than on what they would lose out if you refused to return the bike (which you could have done-espec if you had all the correct papers).

eth0_

Hank_Scorpio wrote:

Well for starters, I gave them the money. I collected the bike 2 days later. I had never been on a bike before, never bought a vehicle before. I didn't know they gave me the wrong bike until 10 days later. I still would not have known it was the wrong bike until they rang me.

Ignorance is no excuse for breaking the law, i'm afraid. You not only were riding a bike you were not qualified to handle but you were uninsured too! You're very, very lucky you only had such a minor accident.

knighted

dear moderator

i am involved with a similar situation as the op but on a much larger commercial transport issue -i have been dealing with the dept of transport on the issue and according to them i and the op have a good deal of comeback against the retailer -they are the ones who made a mistake with the vehicles ,for example filling out the rf 100 forms and failing to notice the difference in vin numbers when they plate them up before handing them to the end user -if the op had crashed an caused damage ,the liability ,once the mistake is proved to be that of the retailers negligence,transfers to the retailer or manufacturers of the vehicle -and i bet thats why the retailer in the op s case didnt make an issue out of it because it is dealt with in law since 2001 -so in this case i think ignorance can be used as an excuse as per the road traffic act ammendment of 2001 -but unless u have been thru it urself there is no way u could have known -for example when u bought ur car did u or have u ever checked all the numbers on ur vlc against the vin plate on car ? prob not - i would bet u took the keys off the seller and drove off ,exactly like the op -ignorance is bliss unless ur a moped driver

Hank_Scorpio

It's over and done with now, bike shop took responsibility and issued me the correct bike without a word about it. I was just handed a new bike. If it was my fault I'm sure the bike shop would have let me know. Therefore, the mistake wasn't anything to do with me and the bike shop has accepted full responsibility.

I am certain that if the bike shop thought that I would have been illegitimate to drive the vehicle through licence or insurance then they would have been legally obliged to collect the bike themselves, rather than have me drive to them on a bike that a) I didn't own, b) I didn't have correct insurance (to which I informed them of the insurance situation) and c) I didn't have the correct licence to use.

mik_da_man

So you still think it's ok to spin around without the correct Licence?
Incorrect Licence = No Insurance

Mik

marktsang

So you still think it's ok to spin around without the correct Licence?
Incorrect Licence = No Insurance

read the op's second post - he didnt know it wasnt the same bike - its completly not his fault

arybvtcw0eolkf

Dunno, I've been biking for year's and there's a big difference between a Moped and a 125cc motorcyle, hard not to notice the difference.

OP glad to hear everything worked out for you in the end.

jhegarty

Mairt wrote:

Dunno, I've been biking for year's and there's a big difference between a Moped and a 125cc motorcyle, hard not to notice the difference.

OP glad to hear everything worked out for you in the end.

Well I can honestly say I wouldn't know the difference.... and I am sure many people wouldn't.... as the op said , its his first bike...


to the people giving out to the op... if you are in a crash next week, and when the guards get there they spot that ford put a 1.6l in your 1.4l car would you agree that its your fault ?

miju

Mairt wrote:

Dunno, I've been biking for year's and there's a big difference between a Moped and a 125cc motorcyle, hard not to notice the difference.

OP glad to hear everything worked out for you in the end.

not if its a 125cc moped. for example you can buy lambretta's that all look the exact same for 50cc , 125cc and 150cc. they all look the exact same so if you've not much experience of bikes you wouldnt notice the difference

9th

Hank if you had the proper paperwork you should have sold the 125. Taken a claim against the retailer for negligence. Bought anothe 50cc and kept the diffference.

Masada

how can anyone say its the OPs fault? thats silly, he said he never bought a bike before then so has absolutely no point of comparason to what a 125 bike would feel like., easy for the people who have drivin bikes to say., just another example of do-goodership IMO., he didnt do anything wrong.,

dahamsta

Don't mind those ninnies Hank_Scorpio, you did nothing wrong, they just like bitching and moaning at people because they have nothing better to do. Look 'intent' up in the dictionary and shove it up their arses.

adam