Damage report!

Comments

  • Wallace1492
    Wallace1492 Posts: 3,707
    Is this some sort of spam? Link dont open...
    "Encyclopaedia is a fetish for very small bicycles"
  • markchalmers
    markchalmers Posts: 90
    opps left it as private it lol, should work now.
  • rubertoe
    rubertoe Posts: 3,994
    They can fix it - or they can replace it?

    Not sure what the problem is other than you wont be able to get the original decals!
    "If you always do what you've always done, you'll always get what you've always got."

    PX Kaffenback 2 = Work Horse
    B-Twin Alur 700 = Sundays and Hills
  • markchalmers
    markchalmers Posts: 90
    rubertoe wrote:
    They can fix it - or they can replace it?

    Not sure what the problem is other than you wont be able to get the original decals!

    The issue here is that the damage to the paint goes directly to the frame, this of course is bad and the main issue being that they arent willing to re-spray and for some un-known reason they dont think they could get a hold of the frame again. So they want the guy that damaged my bike to replace the entire thing.
  • rjsterry
    rjsterry Posts: 29,336
    That looks like a repair/replace quote as if you were making an insurance claim. They may have mistakenly assumed that that is what you were looking for. If you are funding the repair directly, then that's quite a different thing. I'm sure they'll sell you the bits to get you roadworthy, and there must be other places to get the frame re-sprayed if Velocity are unwilling (perhaps liability concerns) to do so. That said, if the frame is gouged badly on the seat stay, then it may be compromised and need replacing. A lot of manufacturers don't sell separate frames: a friend got knocked off, damaging the fork of his Spesh Allez, and direct replacement forks were just not available. The Allez comes as a complete bike only. Unfortunately his insurer tried to fob him off with some mismatched fork.
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Part of the anti-growth coalition
  • markchalmers
    markchalmers Posts: 90
    rjsterry wrote:
    That looks like a repair/replace quote as if you were making an insurance claim. They may have mistakenly assumed that that is what you were looking for. If you are funding the repair directly, then that's quite a different thing. I'm sure they'll sell you the bits to get you roadworthy, and there must be other places to get the frame re-sprayed if Velocity are unwilling (perhaps liability concerns) to do so. That said, if the frame is gouged badly on the seat stay, then it may be compromised and need replacing. A lot of manufacturers don't sell separate frames: a friend got knocked off, damaging the fork of his Spesh Allez, and direct replacement forks were just not available. The Allez comes as a complete bike only. Unfortunately his insurer tried to fob him off with some mismatched fork.

    I told them when I went in that this is going to court for claims so maybe they use the "insurance" template as it works the in the same style?

    Either way its roadworthy now as it had to be as i commute 25 miles a day and its my main mode of transport.

    from the officer handling the case

    "As we discussed earlier, I have to be honest and re-iterate that I don't think the magistrate would deem it realistic to approve replacement of the whole back due to a scratched frame"
  • rjsterry
    rjsterry Posts: 29,336
    Sounds like you need to get a quote from a paintshop to respray the frame, and a separate quote from Velocity for the replacement parts and labour.
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Part of the anti-growth coalition
  • The Rookie
    The Rookie Posts: 27,812
    So ad a a 'loss of value' aspect to the claim for the lack of stickers.....

    If the metal is gauged it's a new frame, if the metal is OK, a respray would be OK but may cost more than a new frame.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • markchalmers
    markchalmers Posts: 90
    The Beginner wrote:
    So ad a a 'loss of value' aspect to the claim for the lack of stickers.....

    If the metal is gauged it's a new frame, if the metal is OK, a respray would be OK but may cost more than a new frame.

    There not even stickers its painted on. and yeah the metal is OK but ive been told a respray is more expensive than a new frame.
  • rjsterry
    rjsterry Posts: 29,336
    Can Velocity suggest an appropriate replacement frame?

    If not, then I'm sure you can find one online that they could quote for building up.

    Here's a starter

    http://www.planet-x-bikes.co.uk/cyclesearch?q=cyclocross+frame&x=0&y=0
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Part of the anti-growth coalition
  • markchalmers
    markchalmers Posts: 90
    So I just found out the results im being given a grand total of £68 + victim surcharge.

    absolute joke!
  • gabriel959
    gabriel959 Posts: 4,227
    can you not sue for damage to your bike?
    x-x-x-x-x-x-x-x
    Commuting / Winter rides - Jamis Renegade Expert
    Pootling / Offroad - All-City Macho Man Disc
    Fast rides Cannondale SuperSix Ultegra
  • rubertoe
    rubertoe Posts: 3,994
    Welcome to the British Legal System.
    "If you always do what you've always done, you'll always get what you've always got."

    PX Kaffenback 2 = Work Horse
    B-Twin Alur 700 = Sundays and Hills
  • markchalmers
    markchalmers Posts: 90
    I dont understand how they come to that amount they are aware of the value of the bike and they also know about the paint issue. what am I meant to fix with £68 thats not going to cover my saddle or my wheel or the paint. Is there anyway to appeal at this stage?
  • vermin
    vermin Posts: 1,739
    markchalmers wrote:
    So I just found out the results im being given a grand total of £68 + victim surcharge.

    absolute joke!

    What do you mean by "the results"? An offer of settlement? Some sort of judgment?
  • markchalmers
    markchalmers Posts: 90
    vermin wrote:
    markchalmers wrote:
    So I just found out the results im being given a grand total of £68 + victim surcharge.

    absolute joke!

    What do you mean by "the results"? An offer of settlement? Some sort of judgment?

    The person that done it was taken to court today this was the results of the hearing.
  • bails87
    bails87 Posts: 12,998
    In what context? how did the damage happen?

    You don't go to (criminal) court to get your bike repaired. (I'm assuming it's a criminal court as you've mentioned a victim surcharge, so he was found guilty of what? Criminal damage? Assault? A driving offence?) You use the civil side of things and their insurance cover.

    Edit: The report says the aluminium of the seatstay has been 'deeply gouged'. If true then the frame is a write-off.

    I've just found your thread explaining how the damage occurred. Have you got household insurance you can claim off? If you're a CTC/BC member could you use their legal support to pursue the scummer responsible for the damage?
    MTB/CX

    "As I said last time, it won't happen again."
  • markchalmers
    markchalmers Posts: 90
    I dont own home insurance were its just me I normally insure things individually E.G phone, computer. Unfortunately this was in the first few weeks of me owning and bike and I hadn't chosen insurance.

    I know the name of the scumbag that did it so Im not sure if I should try small claims now or what, im just flabbergasted by the money they offered me my whole bike is basically a write off and they want to offer £68.
  • merkin
    merkin Posts: 452
    It sounds like a visit to the citizens advice bureau would be a good start for you. If he has been found guilty at court then you must have a good case against him for a civil claim.
    Good luck.
    For what it's worth, there must be some satisfaction in knowing the guy got caught and now has a criminal record hanging over him. If you get a full claim from him he will also probably fall out with his as yet un-named mates who will almost certainly leave him to pay the full cost.
  • markchalmers
    markchalmers Posts: 90
    Not really hes got a 3 month referral order thats not even that bad as far as im aware and not only that hes not paying of the cost. All I want is my bike back to how it was nothing more I know th law system here is a joke and I never expected much for this "man" but to see him walk away scott-free and I only get £68 is just an insult.


    Just to make things worse he live about 2 minuets from my house!!!
  • vermin
    vermin Posts: 1,739
    Understand that you want your bike back to normal, but a referral order and a small fine isn't exactly scot-free. A guilty verdict at magistrates would normally make a civil action to cover the difference between your claimed loss and the £68 awarded relatively straightforward but, as he got a referral, I'm guessing that the offender was a minor. That might make civil proceedings awkward. Still, have a word with your local CAB.
  • vermin
    vermin Posts: 1,739
    markchalmers wrote:
    Just to make things worse he live about 2 minuets from my house!!!

    I hope he doesn't know this.
  • cyclingprop
    cyclingprop Posts: 2,426
    Out of curiosity, what did he *do*?

    Can't get google docs at work.
    What do you mean you think 64cm is a big frame?
  • Koncordski
    Koncordski Posts: 1,009
    Claim from his insurance surely? They're unlikely to contest liability if he's been convicted of the offence, they'll just roll over and offer you a new bike.
    #1 Brompton S2L Raw Lacquer, Leather Mudflaps
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  • markchalmers
    markchalmers Posts: 90
    Koncordski wrote:
    Claim from his insurance surely? They're unlikely to contest liability if he's been convicted of the offence, they'll just roll over and offer you a new bike.

    Is this civil court?

    and what insurance would that be?

    Also hes 18 so I assumed at that age he shouldn't have gone on a referral order as that was for minors.
  • rubertoe
    rubertoe Posts: 3,994
    There will be no insurance as it was not an accident, It will be a civil claim for compensation.

    As has been suggested, you need to speak to CAB or to take legal advice to bring about a civil case.
    "If you always do what you've always done, you'll always get what you've always got."

    PX Kaffenback 2 = Work Horse
    B-Twin Alur 700 = Sundays and Hills
  • markchalmers
    markchalmers Posts: 90
    So both branches of the CAB have told me they cant help with criminal cases?

    where do I go from here then just straight to a civil claims court?
  • rubertoe
    rubertoe Posts: 3,994
    I assume the criminal case has concluded. The magistrate gave the oik a referal order and ordered costs (£68 + victim surcharge)

    The only way that you can no pursue any compensation is through a civil claim.

    http://www.findlaw.co.uk/law/criminal/c ... 00074.html

    http://www.victimsupport.org/Help-for-v ... mpensation
    "If you always do what you've always done, you'll always get what you've always got."

    PX Kaffenback 2 = Work Horse
    B-Twin Alur 700 = Sundays and Hills
  • markchalmers
    markchalmers Posts: 90
    So this really starting to annoy me now. I have spoken to civial claims and they said there is no point pursuing the case with them so I then moved onto small claims and I'm not sure its even worth pursuing that either. It's going to cost me £70 to raise the case then the person has a choice to defend himself or not if he chooses to defend himself he will lose and will have to pay but if he chooses not to pay he will receive a county court judgement (like I care about that). I can then proceed to pay another £70 to enforce the case this will give me attachment of earnings (he dosent work as hes a scumy chav) and I can get the money via bailiffs.

    This is only what ive been told, I'm at a dead end here I don't know where else to go I can just keep throwing money at this after all £140 could be used to repair a little bit of my bike. Also the thing that enraged me the most was the decision was made due to the person only being able to afford £68 like I care that he has no drive to work and lives on benefits.

    P.S. just to top things off hes got his Facebook page set to public (idiot) and I've seen that hes got loads of nice bikes for sale and in the descriptions he says stuff like (not stolen) I mean come on no normal person would put that. I plan to take the evidence to the police and see if I can return any of the stolen bikes to the owners.
  • vermin
    vermin Posts: 1,739
    Inform the police, but otherwise it's probably best to let it lie. A civil claim probably won't get you anywhere (even if you were to win an award he would probably get away with paying in £1/week installments, and costs can't be recovered in small claims.)

    The scrote would probably only pay any further fines by stealing more bikes anyway.

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