Bike Gets Stolen .. A New Low

Yarisbob

Its been a while since I posted here Lads but decided to tell my story here - I don't have FB, Instagram, twitter whatever...!!
I am riding a fixie at the minute and about 3 months ago I go to the Galway Shopping Centre for a few bits (domestic bliss !!) I lock the bike albeit with a cheapo lock and set about my tasks. I come out to find a crowd ambulance.... well wishers, rubberneckers gathered around a stricken dare I say it "person of questionable parentage" with said fixie lying on the ground.
Said person had snipped the lock and was making his way at a furious and wanton pace when he went to freewheel finding that option was not available and the brakes both of which were with in reach but were tricky to operate if safety briefing was not adhered to, went out over the bars sustaining broken teeth and a head injury requiring 14 stitches. The implement which was used to disable the lock also caused a leg injury
Garda were called by concerned bystander - I was there after the fact and identified myself as the cycle owner. Now yesterday morning I get a letter from a "bent" solicitor (referring to his practise not his sexual orientation lets be clear) informing me that his client is taking me to court to recover costs of negligence on my part for having a dangerous cycle even though Iv never had a issue myself in the last 9 months.
Is this the way its gone now ..? I get my bike stolen by some random scum and because he fell off it in the ensuing escape I'm to blame ?
Rant Over

hawkelady

No court will find you guilty of any wrongdoing. The solicitor and client are just hoping you pay up .. don't even entertain them .. crap society we live in !!

lawred2

I doubt that you've much to worry about

lawred2

I'd write a formal letter in response where the body of response is simply 'LOL'

rollingscone

Yarisbob wrote: »

Its been a while since I posted here Lads but decided to tell my story here - I don't have FB, Instagram, twitter whatever...!!
I am riding a fixie at the minute and about 3 months ago I go to the Galway Shopping Centre for a few bits (domestic bliss !!) I lock the bike albeit with a cheapo lock and set about my tasks. I come out to find a crowd ambulance.... well wishers, rubberneckers gathered around a stricken dare I say it "person of questionable parentage" with said fixie lying on the ground.
Said person had snipped the lock and was making his way at a furious and wanton pace when he went to freewheel finding that option was not available and the brakes both of which were with in reach but were tricky to operate if safety briefing was not adhered to, went out over the bars sustaining broken teeth and a head injury requiring 14 stitches. The implement which was used to disable the lock also caused a leg injury
Garda were called by concerned bystander - I was there after the fact and identified myself as the cycle owner. Now yesterday morning I get a letter from a "bent" solicitor (referring to his practise not his sexual orientation lets be clear) informing me that his client is taking me to court to recover costs of negligence on my part for having a dangerous cycle even though Iv never had a issue myself in the last 9 months.
Is this the way its gone now ..? I get my bike stolen by some random scum and because he fell off it in the ensuing escape I'm to blame ?
Rant Over

He was in the commission of a crime. Did you press charges?

If so it should be clear in law that the bicycle was taken without your consent.

Do you have all risks house insurance? (or contents if you're renting)

frankythefish

How much was bike worth? I think if little you would have been better off saying it not yours. He gonna try claim for sure. Scum. Expect a battle ahead. This **** happens all the time these days.

robyntmorton

It may be worth your while engaging with a solicitor for a consult, if only for them to say that there is no legal footing for a claim, or what they may be basing the claim on.

Then, if the other party decide to chase it, you’re looking at costs against them.

derb12

Just wow!!!
Was your bike damaged at all?

C3PO

Ridiculous as it may seem Robyntmorton is probably right - you may be best talking to a solicitor and knocking this on the head! While that would be galling, having to pay compensation would be a lot more annoying!

lawred2

rollingscone wrote: »

He was in the commission of a crime. Did you press charges?

If so it should be clear in law that the bicycle was taken without your consent.

Do you have all risks house insurance? (or contents if you're renting)

You don't press charges in Ireland. That's the state's job. All a citizen can do is report crime.

OP, did you report the attempted theft at the time?

McCrack

Im skeptical about this story

Cee-Jay-Cee

Did you make a complaint of theft at the time? If you didn't it could potentially weaken your case as it could be implied that you gave permission to use your bike. If you did report to Gardaí then what happened with the case?

I'd not be taking any chances with this and would lawyer up. People get payouts for less in the courts these days :mad:

homer911

Threaten to counter-sue

magicbastarder

All - i've better things to be doing than having to police this thread for suggestions which go against boards policy, or are criminal acts themselves. two posts already deleted.

magicbastarder

anyway, if there were brakes on the bike, i don't think there's much of a leg to stand in in claiming the bike was dangerous.

it'd be like someone who can only drive automatic stealing your car and then blaming you because it's a manual.

shaunr68

Refer them to Arkell v. Pressdram 1971

http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

youtheman

When I read the title of this thread I was expecting a sob-sob story.  I was even thinking it's a low, but not a 'new' low.  But after reading the OP I'm pleasantly surprised, and actually quite happy with the thought of the scrote getting a fair helping of 'karma'.  Looks like there is a God there after all.  Good look with the case, I hope and trust it will come to nought!.  But thanks for making my day.

ahnowbrowncow

I can't imagine counter suing or looking for costs would be too succesful against someone that stole a fairly crap bike as I doubt they'd have the means to pay.

Odyssey 2005

You could make a lot of money selling tickets to that courtroom. Post the date if it ever comes around,bet the gallery will be full.

Tenzor07

Come on now, you had a duty of care to any potential thief! :pac:

Type 17

Ironically, the bike wasn't dangerous - once, all bikes were fixies, as fixed wheels were the norm before reliable freewheels were invented.

Fixed wheels are mentioned in Irish law (a fixed wheel counts as a brake on the rear wheel) so, apart from the (massive) audacity of the claim, it has no basis in law, and the solicitor would have known this if he had done even a basic google search, never mind some legal due diligence.

Tombo2001

Thats fantastic.

Are you not delighted OP to be at the centre of such a hairbrained caper.

On a serious note - are there no repercussions for a solicitor that would sign up to something like this? Do they not have some level of responsibility with regards to what constitutes a legal case......

PS...... part of my is still wondering if this is a tall tale.

Doctors room ghost

[Deleted User] wrote: »

I'd not be taking any chances with this and would lawyer up. People get payouts for less in the courts these days :mad:

If he gets a payout on this the country is well and truly finished.karma I say.good enough for him

Nekarsulm

It will be interesting to see how the Court case goes (here in Cavan) where the thief robbing a supermarket was cornered by the Gardai.
He ran back into the shop and ran into a shelf in the dark, injuring his testicles.
He is now suing the shop owner for having a dangerous premises!

OP, I'd have a sit down with a Solicitor, just go make sure you respond correctly and don't leave yourself liable for the thief injuries, real or imaginary.

https://www.irishexaminer.com/ireland/criminal-sues-shop-owner-after-tearing-scrotum-in-burglary-465482.html

Doctors room ghost

If the country was anyway right the little boll1x would be charged with theft of the bike and if he went to press charges for injury he should be charged with wasting police time.he should also have to pay full dental rates to fix his manky teeth but hel probably end up getting a handout to fix them and a pat on the back.country is turning into a joke

Wheety

I would also recommend the solicitor route. They can word the reply for you. But I would imagine it would be a PFO reply.

It might cost a few quid now but will put your mind at rest. If you reply yourself, the solicitor will probably be licking his lips and start proceedings. Most people would panic when they receive something official/from the courts.

I'd like to say just go through the process yourself as no judge in the country would side with the scrote but judges seem to love the scrotes.

wassie

shaunr68 wrote: »

Refer them to Arkell v. Pressdram 1971

"We refer you to the reply given in the case of Arkell v. Pressdram."

GOLD

funkyjebus

This won't go anywhere.

Look up 'Ex Turpi Causa non oritur actio' and the case O'Connor v. McDonnell 1970 as precedent.

If I were you I would simply not respond to any of the letters and if an PIAB application comes I would refuse their assessment as well, but might be worth getting a solicitor at the point of the PIAB (if it comes to that).

Tombo2001

I presume the chap on the other side is availing of free legal aid?

Definite case of moral hazard, if that is the case.

AndrewJRenko

Tombo2001 wrote: »

I presume the chap on the other side is availing of free legal aid?

Go try and get free legal aid for any dispute like this and report back as to how you get on.

Tombo2001

AndrewJRenko wrote: »

Go try and get free legal aid for any dispute like this and report back as to how you get on.

A needless snarky comment. I made a comment in good faith, without looking to offend anyone in this discussion - and I really dont appreciate the put down in response.

godtabh

Tombo2001 wrote: »

A needless snarky comment. I made a comment in good faith, without looking to offend anyone in this discussion - and I really dont appreciate the put down in response.

I think they were making to point not to jump to generalizations if you don't know the facts.

Hasn't there been cases were burglars have sued and won for damages for accidents that happened when a crime was been committed

One case I found

https://www.irishtimes.com/news/offbeat/shopkeeper-sued-by-burglar-who-injured-himself-during-break-in-1.3348803

Fian

Tombo2001 wrote: »

A needless snarky comment. I made a comment in good faith, without looking to offend anyone in this discussion - and I really dont appreciate the put down in response.

I am not trying to add snark here, in case text does not convey tone.

Anyway the availability of free legal aid is very limited except for criminal cases where the accused is facing a custodial sentence. There is no prospect of obtaining free legal aid to bring a personal injuries claim. However some lawyers will take on cases on a "no foal no fee" basis where they are only paid if they win.

Yarisbob

Lads Thanks a mill for your responses :
The bike itself is a Wiggle Eastway Chinese special and looks great for €303 all in .. Maybe that was the attraction. She has both back and front brakes fitted along with the fixed gear. The brake levers are each side of the stem at the top of the bars - She didn't get as much as a scratch.
The Gardaí did attend and took my details. Probable where the scrote got them - I did stress that the bike was taken without my permission. They found him with the bolt cutters and I showed them the cut lock so he hasn't a hope there
I am going to see a really experienced solicitor on my way home and discuss this with him. I have the letter in my hand here so I'll let yous know what he advises.
Thanks for that suggestion lads as I don't want this sorry episode escalating any further.

tomasrojo

Dear Penthouse, I want to tell you about an experience I recently had. As an avid reader I've always wondered if the letters are real.

gordongekko

I'd be trying to figure out how he got your details. I'd doubt the gardai would just hand them over.

mossym

tbh, i think th e only mistake you have made in all this is posting a thread on a public forum that, if you do go to court, could be dragged up

im sure others will think im daft for saying it, but the old anything you say can and will be springs to mind

ted1

A late April fools

Wheety

Anyone taking a claim for damages must first process that through the PIAB which, where consent is given on both sides, will assess the nature of the damages and an appropriate level of compensation.

“When we receive a claim we are required by law to write to the person the claim is made against giving them the option of having the case assessed by PIAB, which is a low cost and quick system,” he said.

Solicitor Stuart Gilhooly said he believed such a case would be unlikely to succeed as the standard of proof would be far greater for a trespasser in a personal injury claim that someone in normal circumstances.

“There is also a more human factor in that a judge listening to a case like that is likely to have very little sympathy for the burglar,” he said.

From the Irish Times article.

PIAB were asking for €600 from the businessman. They say this is only if you're agreeing for them to carry out the assessment and recommend a payment. If he doesn't accept, it can go to court.

Auguste Comte

Wheety wrote: »

From the Irish Times article.

PIAB were asking for €600 from the businessman. They say this is only if you're agreeing for them to carry out the assessment and recommend a payment. If he doesn't accept, it can go to court.

Can PIAB decide on liability or is it only damages if liability is accepted by one side?

shaunr68

shaunr68 wrote: »

Refer them to Arkell v. Pressdram 1971

http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

Exactly what I was gonna post. :P

CramCycle

Yarisbob wrote: »

Lads Thanks a mill for your responses :
The bike itself is a Wiggle Eastway Chinese special and looks great for €303 all in .. Maybe that was the attraction. She has both back and front brakes fitted along with the fixed gear. The brake levers are each side of the stem at the top of the bars - She didn't get as much as a scratch.
The Gardaid attend and took my details. Probable where the scrote got them - I did stress that the bike was taken without my permission. They found him with the bolt cutters and I showed them the cut lock so he hasn't a hope there
I am going to see a really experienced solicitor on my way home and discuss this with him. I have the letter in my hand here so I'll let yous know what he advises.
Thanks for that suggestion lads as I don't want this sorry episode escalating any further.

Go to a solicitor, tell them the story, ask for a response indicating you wish the cost of the lock covered as well as the cost to cover the letter written.

Look forward to either no response or 200euro.

/discussion

Wheety

Auguste Comte wrote: »

Can PIAB decide on liability or is it only damages if liability is accepted by one side?

Seems that one side make the claim for personal injury, PIAB contact the other party and ask if they agree to them carrying out the assessment and making a recommendation plus asking them to pay €600 :eek:

I presume that's if you accept responsibility. If not the 'injured' party will need to take you to court. You don't pay PIAB anything if you're disputing it.

Cee-Jay-Cee

I would also report the solicitor that took the case to the law society and CC him on the complaint. It probably wont make any difference but just to let them know what shoddy low life members they have under their banner would do no harm.

Ray Bloody Purchase

Cee-Jay-Cee wrote: »

I would also report the solicitor that took the case to the law society and CC him on the complaint. It probably wont make any difference but just to let them know what shoddy low life members they have under their banner would do no harm.

Stop. They're all a great bunch of honest people who only act in the public interest.

<_<

>_>

Dubh Geannain

I've seen teachers get a lot of abuse on the airwaves the last couple of days. They seem to be a pretty easy target. Another week it might be guards, consultants (anyone paid by the public purse really).

Now every profession has it's fair share of wolves in sheeps clothing but in the private sector the rogues get a much easier time. The last big private sector witch hunts I can remember were the bankers and developers.

Insurance has it's run out every now and again but public interest is generally mooted. Behind all these lies the legal profession. Claims drive insurance costs and while people moan about the cost of the public sector they're probably paying more of their money for insurance every year. It's factored into the cost of every good and service you purchase.

Sorry for the mini rant.


tl;dr

The bike booster is a scrote and the solicitor entertaining him is a scrote with a qualification.

Auguste Comte

Ray Bloody Purchase wrote: »

Stop. They're all a great bunch of honest people who only act in the public interest.

<_<

>_>

In all fairness they are not supposed to act in the public interest. Their job is to act in the best interests of the client even if the client is a bike stealing scumbag.

Type 17

Auguste Comte wrote: »

In all fairness they are not supposed to act in the public interest. Their job is to act in the best interests of the client even if the client is a bike stealing scumbag.

The scrote's (and solicitor's own) best interest would have been served by the solicitor telling the scrote not to be so stupid, and showing him the door.

McCrack

I don't believe the OP's story

A solicitor is not going to take on a personal injuries claim against a defendant thats not insured never mind the rest of the OPs story.

I say that as one of these low life practising solicitors myself!

Galadriel

McCrack wrote: »

I don't believe the OP's story

A solicitor is not going to take on a personal injuries claim against a defendant thats not insured never mind the rest of the OPs story.

I say that as one of these low life practising solicitors myself!

The OP is on boards 8 years, 8 years is a long time to hang about before some random trolling.