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.