IMPORTANT INFO ON POSTING BIKES - edited

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Comments

  • nicklouse
    nicklouse Posts: 50,675
    Pross wrote:
    It should be simple as everything should be covered by various insurances
    except that the OP did NOT insure it.
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • Pross
    Pross Posts: 43,156
    nicklouse wrote:
    Pross wrote:
    It should be simple as everything should be covered by various insurances
    except that the OP did NOT insure it.

    Seriously? :shock: I looked and couldn't see anything saying if he had or hadn't but couldn't imagine anyone posting something of that value without insuring it.
  • nicklouse
    nicklouse Posts: 50,675
    Pross wrote:
    nicklouse wrote:
    Pross wrote:
    It should be simple as everything should be covered by various insurances
    except that the OP did NOT insure it.

    Seriously? :shock: I looked and couldn't see anything saying if he had or hadn't but couldn't imagine anyone posting something of that value without insuring it.
    from his other post in the MTB section
    AndyD2574 wrote:
    Sorry thought I had said it wasn't insured but my point is that thus is WAY BEYOND what anyone would accept as 'normal damaged in transit'
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • Pross
    Pross Posts: 43,156
    Possibly still a valid claim in the Small Claims Court though as they must have a duty of care for the property they are carrying.

    I had a turf delivery company try to avoid paying up when they drove a forklift through my garage door. They tried to rely on their Ts & Cs that said they would deposit deliveries on the road unless requested otherwise and removing all liability for damage. I argued that the delivery driver suggested putting it on the drive and that he had the experience to know if my steep drive was unsuitable (the gradient and the load meant his brakes didn't stop him) and should have refused even if asked. I won. A company can't absolve themselves from negligence through their Ts & Cs.
  • rolf_f
    rolf_f Posts: 16,015
    Pross wrote:
    Possibly still a valid claim in the Small Claims Court though as they must have a duty of care for the property they are carrying.

    I would have thought so. Still, I don't get why the OP would pay to have the bike packaged professionally and not pay for damage insurance. If you are going to do one or the other, logically, it would make far more sense to pack it yourself and pay for the insurance I'd have thought.
    Faster than a tent.......
  • carrock
    carrock Posts: 1,103
    Small claim.

    The OP v paisley.

    Basis of claim is breach of contract, ie the carrier was contracted to deliver the item safely.

    Could always hedge bets by claiming the carrier was also negligent.

    The OP in turn is in breach of contract to buyer and should reimburse him.

    Nothing to do with TNT as far as OP is concerned
  • team47b
    team47b Posts: 6,425
    Rolf F wrote:
    Pross wrote:
    Possibly still a valid claim in the Small Claims Court though as they must have a duty of care for the property they are carrying.

    I would have thought so. Still, I don't get why the OP would pay to have the bike packaged professionally and not pay for damage insurance. If you are going to do one or the other, logically, it would make far more sense to pack it yourself and pay for the insurance I'd have thought.

    I think that was my fault by emphasising the 'professional' packing, he did say it was professionally packed but I imagine he meant he packed it himself to a level better than you would get from a bike company :oops:

    Should we have to pay out for insurance for everything?

    Doesn't anyone have decent morals, wouldn't you hold your hand up and pay up anyway if you damaged someone else's property?

    I would have insured it as I know the answers to the question above :D
    my isetta is a 300cc bike
  • OK, so there was no insurance, and the companies arn't wanting to speak because there was no insurance? Surprise surprise. This could turn interesting.
  • carrock
    carrock Posts: 1,103
    the haulier will have indemnity insurance precisely to cover damage due to their negligence.

    The OP would argue the reason he pays for a professional service is that he would have the reassurance of using a company who are fully insured against loss caused by their ( or their agents') negligence.

    EDIT

    I have now looked at paisley's T and C's here http://www.paisleyfreight.com/terms.php

    seemingly they will only pay out £5 per kg for loss or damage, ie £50 for a bike, unless special insurance is taken out. I doubt whether the OP read the small print, but this might explain why they are cheap.

    Paisley would doubtless say that their T and Cs are clear and the OP failed to take out sufficient insurance and has only himself to blame .....

    I would contact Citizens Advice.
  • apreading
    apreading Posts: 4,535
    The big question is whether their T&Cs are legal and they are actually able to indemnify themselves by limiting liability in this way.

    Deffo speak to Citizens Advice or a legal advocate though in my opinion.
  • AndyD2574
    AndyD2574 Posts: 1,034
    Progress and credit where credits due.

    After many emails to and from the MD and Ops Director, TNT making significant compensation payment after admitting full liability and responsibility and have to say dealt with it efficiently.

    Have to say after a slow start TNT really stepped up to resolve this matter.

    Actually a good example of customer care and listening to issues and resolving them.

    Well done TNT on this occasion.
    Specialized S Works Venge
    Argon18 E114
    Specialized Langster Single Speed
    Scott Spark Expert 29'er
    GT Avalanche
    http://www.glasgowgreencycleclub.co.uk
  • Giraffoto
    Giraffoto Posts: 2,078
    It might be a nice touch if you were to edit the original post with a big banner headline saying that the carrier has sorted it all out nicely - people who just skim the first page might get the wrong impression otherwise. Right now it still says
    BE WARNED - DO NOT use a company called Paisley Freight or TNT to transport bikes.
    If you sell a bike and need to post it use an alternative.
    Specialized Roubaix Elite 2015
    XM-057 rigid 29er
  • This is exactly why you shouldn't slate a company within the first instances when something goes wrong. I bet if they found this thread they would be fuming they sorted you out completely.
  • Pross
    Pross Posts: 43,156
    AndyD2574 wrote:
    Progress and credit where credits due.

    After many emails to and from the MD and Ops Director, TNT making significant compensation payment after admitting full liability and responsibility and have to say dealt with it efficiently.

    Have to say after a slow start TNT really stepped up to resolve this matter.

    Actually a good example of customer care and listening to issues and resolving them.

    Well done TNT on this occasion.

    Definitely well done TNT especially as they had no contract with you. You've got lucky there.
  • arran77
    arran77 Posts: 9,260
    Pross wrote:
    AndyD2574 wrote:
    Progress and credit where credits due.

    After many emails to and from the MD and Ops Director, TNT making significant compensation payment after admitting full liability and responsibility and have to say dealt with it efficiently.

    Have to say after a slow start TNT really stepped up to resolve this matter.

    Actually a good example of customer care and listening to issues and resolving them.

    Well done TNT on this occasion.

    Definitely well done TNT especially as they had no contract with you. You've got lucky there.

    That is a positive outcome :)
    "Arran, you are like the Tony Benn of smut. You have never diluted your depravity and always stand by your beliefs. You have my respect sir and your wife my pity" :lol:

    seanoconn
  • AndyD2574
    AndyD2574 Posts: 1,034
    Giraffoto wrote:
    It might be a nice touch if you were to edit the original post with a big banner headline saying that the carrier has sorted it all out nicely - people who just skim the first page might get the wrong impression otherwise. Right now it still says
    BE WARNED - DO NOT use a company called Paisley Freight or TNT to transport bikes.
    If you sell a bike and need to post it use an alternative.


    Good shout.......how do I do that?
    Specialized S Works Venge
    Argon18 E114
    Specialized Langster Single Speed
    Scott Spark Expert 29'er
    GT Avalanche
    http://www.glasgowgreencycleclub.co.uk
  • Pross
    Pross Posts: 43,156
    Just go back to your first post and there should be an edit button just above the text box next to the quote button.
  • Mikey23
    Mikey23 Posts: 5,306
    So first posted on 5th and sorted by 10th... Perhaps a little patience was needed?