Where do i stand? (buying bike from shop restricted-issue)

dMaN24

So. Let's assume that Billy just got his learner permit. And goes out to find a really nice bike in <random shop>. He is informed that the bike needs restriction, since it's the law when you have a learnerpermit.

Billy say's "-Mkay.." and let the shop do a service while they are at it.
So there Billy is, with his cert in his hand that the bike is legal, and a newly serviced bike. Happy days indeed.

Fastforward roughly a year and Billy takes the bike to a shop to have it service. He may or may not enquire about the restrictors continued use, and ask for them to be removed.

The shop starts working, and notice that there is no restrictorwashers in place. And no other way possible for the bike to be restricted.

Billy realizes that he has been riding a motorcycle without restrictors for almost a year, thinking that all was in order.

After all. The shop explicitly told him that the bike would not leave the shop unrestricted as it would be illegal.

How can Billy act on this? Clearly it's been a year, someone "could have" tampered with the bike. Or atleast the bikeshop could claim that.

And the bike wasn't serviced before delivery according to the man in the garage.

What is there to do about this?

Cuddlesworth

Number of items, first of all Billy would have to prove that the shop didn't put the restriction in at the start, which would be difficult to do since he was driving it for a year and could have had it done himself elsewhere.

Secondly, although he was driving against the terms of his license nothing actually happened. He isn't going to be prosecuted, he isn't being pursued by his insurance company. He hasn't attempted to redress the situation with the bike shop eg; ask for them to be fitted after finding out they were not.

So in reality he has three choices. Get a restrictor fitted by paying for it or trying to get them to fit one for free, try for a full/partial refund of the cost of the restrictor or try his luck in the small claims court for the full amount of the cost of the restrictor and labor.

Reasoning with the shop would be the best place to start.

maameeo

i bet billy is pissed that hes been driving his bike at its full potential all this time and thinking it was restricted! eek!

I'd say be as friendly as possible to the said bike shop. if billy goes in fuming they'll go defensive. perhaps say, 'i know yiz were really busy that time id left mine in so maybe it was a mix up, one person thought the other did it?' so they have a way of agreeing to redoing (or actually doing) it without having to admit to bad service.

good luck billy where ever you are!

Wonda-Boy

Billys head will be ****in wrecked when the kit goes back in and it feels like a HONDA 50!!!!!

AgileMyth

maameeo wrote: »

maybe it was a mix up

Some poor lads been riding a bike that was accidentally restricted!

mattieb

That's quite a scary thought. I wonder where you would stand with your insurance if something happened and they realised it wasn't restricted. I just bought a shop restricted bike a couple of weeks back, and now you have me thinking.