Halfords Bike failure what come back do I have.

George_Walker

I work for Halfords and recently bought a bicycle throught their cycle to work scheme. However I had an accident due to the incompetance of my colleagues. This is because my line manager said that someone would look over the bike to make sure that it was all ready to go as I had taken it out and on a test ride found the brakes were ridiculously poor. Afterward it was supposed to have been serviced. I then on a following evening I took it home. Without a PDI form and any documentation. They then said that they would check over it to make sure the brakes would work and get me a manual etc. I then rode it home again and had an accident with a parked car because the brakes did not work. I then came back the following day after going to a& e and then they said that they would look into it. Now a broken nose later and several weeks I am still waiting for a replacement and they are not moving at all. The most they have gone to is a replacement fork. They are saying the brakes were not the reason I had a crash and then they said the brakes were the fault for the crash. Now they are just saying that they will replace the fork only. They are saying that as an employee I should have known that I should have a manual and a PDI form and not just taken the bike. Even though I had been told it would be sorted out and that they would get me the relevant documentation. However none have arisen to anything. I brought the bike back within their 28 day return period and it has just been siting there. I had been told by my manager that as far as head office are concerned they can do nothing. What come back do I have under consumer law as so far as I am concerned the product is defective and thereby not fit for purpose. But it just seems like their word against mine. What I was going to do was let them repair the bike and then take it further under consumer law so that even if I don't get anything else I still get am working bike.

ShutUpLegs

I'd seek professional legal advice if I was you as there appears to be negligence here on their behalf.

peter101cycle

I would go and talk to Citizens Advice firstly, as this is free......going to see a solicitor may cost you money, but most good Firms give 30 mins consultation for free.

The difficulty here is that Halfords should not have released the bike with PDI and proper documentation/checks, yet in taking the bike, you also circumvented company procedure (which you should have known as you work for the company). So, you are both at fault, but you probably to a lesser degree as Halfords should have done their job properly.

Just be warned, if you go legal, there may be repercussions for your employment with Halfords. They cannot sack you as that would be Unfair Dismissal but they could make life a bit difficult for you, but then they would be careful not to fall foul of Constructive Dismissal.

Therefore, do the C.A. and then armed with the information from them, talk nicely to Halfords and see if you can get a better settlement.

hugo15

Do you have any legal cover through your home insurance?

ADIHEAD

Think you'd struggle as they could argue that as you took it without a PDI form, they hadn't told you it was ok. Like others said though, got to CAB and check. Could harm future career prospects also as mentioned before. Personally I'd put it down to experience unless you get another job in the meantime

ynyswen24

I'd have a word with your union representative.

plowmar

Which department do you work in?
Why do they think you should know you have to have manual and PDI form?
If not their fault why are they replacing the fork? (free I'm presuming) couldn't that be construed as an admission of liability?
Did you have bike checked after accident, were brakes still mis adjusted?
Why wasn't it the fault of the brakes, given the problems that you had had with them?
Are you out of pocket? - loss of wages etc.
Or just looking for compo for nose?

Just a few thoughts - def. go to CAB or the no win no fee guys.

JKHinton

Sadly I think you would be better to let this go

If you did not work for Halfords you could tough it out
but this all looks a bit tricky to sort.

lazerzxr

Sorry to hear your bad fortune

Unfortunately I think you have very little to argue about. You already knew the brakes were not up to much and the mechanics had agreed to look at it again for you on those grounds. You made a choice to ride the bike home knowing you were not happy with it and before the mechanics had looked at it again.

This was your choice.

If they have offered to replace the fork and fix the bike up ready to ride i would accept that and keep my job...

hounslow

ynyswen24 wrote:

I'd have a word with your union representative.

only management have a union.
OP, you took your chances with a non pdi'd bike.

sheffsimon

George_Walker wrote:

I work for Halfords and recently bought a bicycle throught their cycle to work scheme. However I had an accident due to the incompetance of my colleagues. This is because my line manager said that someone would look over the bike to make sure that it was all ready to go as I had taken it out and on a test ride found the brakes were ridiculously poor. Afterward it was supposed to have been serviced. I then on a following evening I took it home. Without a PDI form and any documentation. They then said that they would check over it to make sure the brakes would work and get me a manual etc. I then rode it home again and had an accident with a parked car because the brakes did not work. I then came back the following day after going to a& e and then they said that they would look into it. Now a broken nose later and several weeks I am still waiting for a replacement and they are not moving at all. The most they have gone to is a replacement fork. They are saying the brakes were not the reason I had a crash and then they said the brakes were the fault for the crash. Now they are just saying that they will replace the fork only. They are saying that as an employee I should have known that I should have a manual and a PDI form and not just taken the bike. Even though I had been told it would be sorted out and that they would get me the relevant documentation. However none have arisen to anything. I brought the bike back within their 28 day return period and it has just been siting there. I had been told by my manager that as far as head office are concerned they can do nothing. What come back do I have under consumer law as so far as I am concerned the product is defective and thereby not fit for purpose. But it just seems like their word against mine. What I was going to do was let them repair the bike and then take it further under consumer law so that even if I don't get anything else I still get am working bike.

You dont sound too competent yerself mate, riding about on a bike whose brakes you know to be defective.

moonshine

I have to say that i think there is a bit of personal responsibility here.

You tried the bike, thought the brakes were bad, asked for it to be checked, then you rode it again, the brakes didn't work and you hit a car...

why didn't you test the brakes worked at a reasonable speed before riding off?

Personally, i think you are at fault for being stupid - bike brakes are a pretty simple system - pull lever, which moves cables, which actuates pad / piston - bike stops - it isn't exactly rocket science.
If the brakes felt wrong, then why did you take it? I can test brakes by pushing the bike and seeing how they grab the rim - i don't need to be doing 20mph to work out they either do or don't work.(unless the brake actually fell off, leading to a catastrophic loss of brakes)

MTFU and put it down to experience.... there is not always blame on other parties when something goes wrong.

cougie

I know a few people who have ridden into the back of parked cars. It was always their fault.

How do you know your brakes would have stopped you anyway ?

Sh*t happens.

oscarbudgie

Be careful - if you try and sue it may jeopardise the Chief Technology Officer job you're in the running for

dilemna

I would seek some legal advice as there are some possibly complex issues here in different legal areas. My experience of CAB are that they are well meaning but aren't legally qualified. I didn't feel that confident with them when I visited for employment advice. The person who was advising me although very pleasant, relied on their intranet and internet for advice. I would suggest you speak to solicitors at Alyson France who will briefly explain your legal position or any of the SOLICITORS that advertise in the back of CyclingWeekly. Alternatively ring up Russell Jones Walker who take on claims for members of CTC. You do not have to be a member of CTC.

It might be the case that you are partly responsible for what occurred but Halfords both as a business from which you purchased a bicycle and as your employer has a duty of care toward you. It might be that they have failed in their duty of care to you in either capacity.

How old are you and how long have you worked with Halfords? Have you had time off work and did they still pay you? Have you had medical treatment, aside from A&E, for your injuries? Was the car you collided with damaged and are the owners aware that you crashed into their vehicle and possibly damaged it? They could be claiming the cost of repairs from you which could be expensive if you cannot establish that the cause of you colliding with the vehicle was the faulty workmanship of Halfords.

If you have been employed with them for less than 12 months you have no employment rights to bring a claim of unfair dismissal. If you have been employed for a number of years you will have to consider your job, role and relationship with your employer. It might be that it is now already irrepairably damaged. I am sure Halfords have internal procedures to deal with issues such as these. Simply stonewalling you will cost them dearly if you decided to pursue the matter. You should at least have a GRIEVANCE PROCEDURE available to you. You are entitled to have some accompany you. Halfords cannot simply avoid liability because you work there and perhaps you didn't quite follow procedure. They shouldn't have sold you the bike in that condition in the first place.

Even if you decide NOT to do anything you do need to seek proper legal advice as your case sounds like a mine field. What if come your next appraisal or performance review they decide to use this incident to downgrade your review or worse still get rid of you? I would consider joining a Union pronto. But do get independent legal advice as unions can sometimes be a bit crap on that front. Ok for actually accompanying their members to meetings but you need a good solicitor for your precise legal position. Most of the ones speicalising in cycling cases will give you a basic appraisal for free. They have to, to be able to advise you how successful any claim you have will be. But you have to tell them EVERYTHING. Do not approach a claims company.

Good luck.

oscarbudgie

dilemna wrote:

If you have been employed with them for less than 12 months you have no employment rights to bring a claim of unfair dismissal. .

That is not true anymore

1stGenRex

This could have been prevented by checking your bike prior to hopping on and pedaling away. As they say, complacency kills, and honestly, you could have been much worse off. Hope it all works out for you, and from her eon out, I'll make sure I check my bike EVERY time before I pedal away....If you can't learn from your experience, then I will

Lillywhite

1stGenRex wrote:

This could have been prevented by checking your bike prior to hopping on....

I agree. Would be interested to know just how far this guy cycled before the incident? :oops:

In his opening post he inferred it was the second time he had ridden the bike so he should have discovered that the brakes weren't functioning very early on. :shock:

Tom Butcher

I'm afraid I'm with those that say it's rider error - unless there was a sudden brake failure you must have known they weren't working properly yet continued to use the bike. Especially as you hit a parked car - I'm assuming it didn't materialise out of nowhere.

Legally I have no idea what the situation is - maybe you do have a case - but personally I'd be glad Halfords were willing to replace the fork and leave it at that.

FransJacques

What's a PDI form? I've bought enuf bikes to fill a shipping container and have never come across this. Thanks.

rake

the way i understand it cycling is an at your own risk udertaking. i believe it is your fault for
a. riding a bike on a highway which you know not to be properly set up.
b. taking the bike before the mechanic had looked over it which he had offered to do. which is presumably why you never got the manual or pdi check, why would the give you a pdi form before theyve inspected it?
c. you should aquire knowledge as a minimum purely for your own safety reasons, such as how to satisfy yourself things are thightened up , such as wheels skewers, brake cables, handle bars . you should also be able to asses the general condition as an ongoing concern, as bikes deteriorate over time.
d. forget about sueing. without the pdi you cant prove it wasnt your spannering skills that caused it to be unsafe.

flasher

This has to be a joke, right?

hounslow

FransJacques wrote:

What's a PDI form? I've bought enuf bikes to fill a shipping container and have never come across this. Thanks.

the PDI form is the checklist the halfords mechanic fills out when he/she assembles the bike. the customer is then supposed to go over basic checks with the staff member at handover, such as saddle height, brake operation/reach and general condition of bike. the customer will then sign the sheet (as will the staff member doing handover) if happy, then they (customer) takes a copy, and the carbon copy gets filed away, hopefully in a folder for each week.
this is supposed to remove liability from halfords for issues such as this.

edit: this is not to say lots of customers (or staff) just tick the boxes, sign the sheet and disappear without reading/understanding it, only to come back the next day/week/month with some sort of issue which could have been sorted before they even took the bike out of the shop.

nicklouse

Surely it must be Wiggles fault?












:P

sheffsimon

hounslow wrote:

FransJacques wrote:

What's a PDI form? I've bought enuf bikes to fill a shipping container and have never come across this. Thanks.

the PDI form is the checklist the halfords mechanic fills out when he/she assembles the bike. the customer is then supposed to go over basic checks with the staff member at handover, such as saddle height, brake operation/reach and general condition of bike. the customer will then sign the sheet (as will the staff member doing handover) if happy, then they (customer) takes a copy, and the carbon copy gets filed away, hopefully in a folder for each week.
this is supposed to remove liability from halfords for issues such as this.

edit: this is not to say lots of customers (or staff) just tick the boxes, sign the sheet and disappear without reading/understanding it, only to come back the next day/week/month with some sort of issue which could have been sorted before they even took the bike out of the shop.

Pre Delivery Inspection

Northwind

I hope for your sake this is all made up, because if it's true you're a gigantic idiot.

cougie

I'm amazed to see such a wide range of responses to be honest.

1stGenRex

Honestly, I am too. I don't know how anyone is even entertaining the idea that the rider is not 100% at fault here.

navrig

1stGenRex wrote:

Honestly, I am too. I don't know how anyone is even entertaining the idea that the rider is not 100% at fault here.

I agree but must say that generally society (in the UK) is adopting what I believe is a culture, apparently imported from the litigous society in the States, which assumes that there is no such thing as personal responsibility and that every accident is a court case/payout waiting to happen.

In this case it would seem that the OP should not have taken the bike without a completed PDI and, as everyone should, he failed to do the most rudementary of checks.

1stGenRex

That's quite a shame, as I thoiught that maybe there was refuge SOMEWHERE from such practices.

Karl2010

Not sure about all the legal "in's and out's" but you where riding it "knowing" the brakes where faulty.

They will probaly just turn around and say "why where you riding the bike knowing the brakes didnt work?"

Sounds like you had some bad luck.
Dont blame Halfords for your crash! Blame yourself!