Bike Gets Stolen .. A New Low

Tombo2001

AndrewJRenko wrote: »

Go try and get free legal aid for any dispute like this and report back as to how you get on.

A needless snarky comment. I made a comment in good faith, without looking to offend anyone in this discussion - and I really dont appreciate the put down in response.

godtabh

Tombo2001 wrote: »

A needless snarky comment. I made a comment in good faith, without looking to offend anyone in this discussion - and I really dont appreciate the put down in response.

I think they were making to point not to jump to generalizations if you don't know the facts.

Hasn't there been cases were burglars have sued and won for damages for accidents that happened when a crime was been committed

One case I found

https://www.irishtimes.com/news/offbeat/shopkeeper-sued-by-burglar-who-injured-himself-during-break-in-1.3348803

Fian

Tombo2001 wrote: »

A needless snarky comment. I made a comment in good faith, without looking to offend anyone in this discussion - and I really dont appreciate the put down in response.

I am not trying to add snark here, in case text does not convey tone.

Anyway the availability of free legal aid is very limited except for criminal cases where the accused is facing a custodial sentence. There is no prospect of obtaining free legal aid to bring a personal injuries claim. However some lawyers will take on cases on a "no foal no fee" basis where they are only paid if they win.

Yarisbob

Lads Thanks a mill for your responses :
The bike itself is a Wiggle Eastway Chinese special and looks great for €303 all in .. Maybe that was the attraction. She has both back and front brakes fitted along with the fixed gear. The brake levers are each side of the stem at the top of the bars - She didn't get as much as a scratch.
The Gardaí did attend and took my details. Probable where the scrote got them - I did stress that the bike was taken without my permission. They found him with the bolt cutters and I showed them the cut lock so he hasn't a hope there
I am going to see a really experienced solicitor on my way home and discuss this with him. I have the letter in my hand here so I'll let yous know what he advises.
Thanks for that suggestion lads as I don't want this sorry episode escalating any further.

tomasrojo

Dear Penthouse, I want to tell you about an experience I recently had. As an avid reader I've always wondered if the letters are real.

gordongekko

I'd be trying to figure out how he got your details. I'd doubt the gardai would just hand them over.

mossym

tbh, i think th e only mistake you have made in all this is posting a thread on a public forum that, if you do go to court, could be dragged up

im sure others will think im daft for saying it, but the old anything you say can and will be springs to mind

ted1

A late April fools

Wheety

Anyone taking a claim for damages must first process that through the PIAB which, where consent is given on both sides, will assess the nature of the damages and an appropriate level of compensation.

“When we receive a claim we are required by law to write to the person the claim is made against giving them the option of having the case assessed by PIAB, which is a low cost and quick system,” he said.

Solicitor Stuart Gilhooly said he believed such a case would be unlikely to succeed as the standard of proof would be far greater for a trespasser in a personal injury claim that someone in normal circumstances.

“There is also a more human factor in that a judge listening to a case like that is likely to have very little sympathy for the burglar,” he said.

From the Irish Times article.

PIAB were asking for €600 from the businessman. They say this is only if you're agreeing for them to carry out the assessment and recommend a payment. If he doesn't accept, it can go to court.

Auguste Comte

Wheety wrote: »

From the Irish Times article.

PIAB were asking for €600 from the businessman. They say this is only if you're agreeing for them to carry out the assessment and recommend a payment. If he doesn't accept, it can go to court.

Can PIAB decide on liability or is it only damages if liability is accepted by one side?

shaunr68

shaunr68 wrote: »

Refer them to Arkell v. Pressdram 1971

http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

Exactly what I was gonna post. :P

CramCycle

Yarisbob wrote: »

Lads Thanks a mill for your responses :
The bike itself is a Wiggle Eastway Chinese special and looks great for €303 all in .. Maybe that was the attraction. She has both back and front brakes fitted along with the fixed gear. The brake levers are each side of the stem at the top of the bars - She didn't get as much as a scratch.
The Gardaid attend and took my details. Probable where the scrote got them - I did stress that the bike was taken without my permission. They found him with the bolt cutters and I showed them the cut lock so he hasn't a hope there
I am going to see a really experienced solicitor on my way home and discuss this with him. I have the letter in my hand here so I'll let yous know what he advises.
Thanks for that suggestion lads as I don't want this sorry episode escalating any further.

Go to a solicitor, tell them the story, ask for a response indicating you wish the cost of the lock covered as well as the cost to cover the letter written.

Look forward to either no response or 200euro.

/discussion

Wheety

Auguste Comte wrote: »

Can PIAB decide on liability or is it only damages if liability is accepted by one side?

Seems that one side make the claim for personal injury, PIAB contact the other party and ask if they agree to them carrying out the assessment and making a recommendation plus asking them to pay €600 :eek:

I presume that's if you accept responsibility. If not the 'injured' party will need to take you to court. You don't pay PIAB anything if you're disputing it.

Cee-Jay-Cee

I would also report the solicitor that took the case to the law society and CC him on the complaint. It probably wont make any difference but just to let them know what shoddy low life members they have under their banner would do no harm.

Ray Bloody Purchase

Cee-Jay-Cee wrote: »

I would also report the solicitor that took the case to the law society and CC him on the complaint. It probably wont make any difference but just to let them know what shoddy low life members they have under their banner would do no harm.

Stop. They're all a great bunch of honest people who only act in the public interest.

<_<

>_>

Dubh Geannain

I've seen teachers get a lot of abuse on the airwaves the last couple of days. They seem to be a pretty easy target. Another week it might be guards, consultants (anyone paid by the public purse really).

Now every profession has it's fair share of wolves in sheeps clothing but in the private sector the rogues get a much easier time. The last big private sector witch hunts I can remember were the bankers and developers.

Insurance has it's run out every now and again but public interest is generally mooted. Behind all these lies the legal profession. Claims drive insurance costs and while people moan about the cost of the public sector they're probably paying more of their money for insurance every year. It's factored into the cost of every good and service you purchase.

Sorry for the mini rant.


tl;dr

The bike booster is a scrote and the solicitor entertaining him is a scrote with a qualification.

Auguste Comte

Ray Bloody Purchase wrote: »

Stop. They're all a great bunch of honest people who only act in the public interest.

<_<

>_>

In all fairness they are not supposed to act in the public interest. Their job is to act in the best interests of the client even if the client is a bike stealing scumbag.

Type 17

Auguste Comte wrote: »

In all fairness they are not supposed to act in the public interest. Their job is to act in the best interests of the client even if the client is a bike stealing scumbag.

The scrote's (and solicitor's own) best interest would have been served by the solicitor telling the scrote not to be so stupid, and showing him the door.

McCrack

I don't believe the OP's story

A solicitor is not going to take on a personal injuries claim against a defendant thats not insured never mind the rest of the OPs story.

I say that as one of these low life practising solicitors myself!

Galadriel

McCrack wrote: »

I don't believe the OP's story

A solicitor is not going to take on a personal injuries claim against a defendant thats not insured never mind the rest of the OPs story.

I say that as one of these low life practising solicitors myself!

The OP is on boards 8 years, 8 years is a long time to hang about before some random trolling.

McCrack

Galadriel wrote: »

The OP is on boards 8 years, 8 years is a long time to hang about before some random trolling.

I don't know the OP or his motives.

All I can say his story doesn't make sense. Its not credible and ive explained why.

PS - If the OP wishes to engage with me publicly on this (without identifying anyone) I would be very happy to do so.

Mrcaramelchoc

<snip>

op seeing a solicitor is going to cost you money?just let them try what they want there isnt a court in the land that will go against you.you did absolutely nothing.

ABEasy

Most probably the scumbag didn't give the solicitor the full story, can't see any solicitor wasting their time if they knew the full story! Let them know the full story op and tell them you look forward to defending it in court!

fritzelly

The story is so incredulous that it's probably true
Would be surprised if the solicitor took it all the way, personally would say see ya in court and wouldn't spend money on a solicitor (though if you have a friend in the profession wouldn't hurt to ask his opinion if you can understand him through the laughter)
Any judge agreeing to the claim makes the reasoning for the judges bill more relevant and just show how stupid this country is becoming with this suing malarkey (which I thought the judges were starting to get sick of and throw out?) Like the one with the woman who slipped on the grass and tried to sue was it Blanchardstown shopping center - there was a perfectly good footpath there to be used)

Kaisr Sose

gordongekko wrote: »

I'd be trying to figure out how he got your details. I'd doubt the gardai would just hand them over.

That was my thinking too. The Garda just can’t give them out – especially if the injured party is suspected of theft, causing personal injury.

Plastik

The Gardaí will give them out if asked vis a vis a solicitors letter, as far as I know. I would imagine, as far as the Gardaí are concerned, that they don't particularly care, or want to be involved. There are two separate things at work here, a possible charge against a person for theft, and that persons civil claim against another. They will want as little as possible to do with the latter.

Kaisr Sose

Plastik wrote: »

The Gardaí will give them out if asked vis a vis a solicitors letter, as far as I know. I would imagine, as far as the Gardaí are concerned, that they don't particularly care, or want to be involved. There are two separate things at work here, a possible charge against a person for theft, and that persons civil claim against another. They will want as little as possible to do with the latter.

Having had a person try and get my details from AGS to issue proceedings against me (small claims), I can assure you that they are not given out. When I got copies of my statement in the matter, my address details were redacted, and the other party could not get my statement or details.

So, with good reason I wonder:

(1) how the alleged theif got the victims address
(2) if the theif gave the full story to the solicitor ( they could just have said the person said I could use the bike but did not tell me the brakes were not working normally)

On the other hand, some people of questionable financial means seem to derive, or attempt to derive a lot of money from personal injury claims that may never have happened as they state, so nothing surprises me. It’s an income stream for them.

fritzelly

Kaisr Sose wrote: »

That was my thinking too. The Garda just can’t give them out – especially if the injured party is suspected of theft, causing personal injury.

True - civil case, nothing to do with the garda (but that is assuming the story is true)

Arcade_Tryer

Was the claimant wearing Hi Vis and a helmet? If not, then you've nothing to worry about.

Lumen

Ray Bloody Purchase wrote: »

Stop. They're all a great bunch of honest people who only act in the public interest.

Solicitors are not supposed to work in the public interest. They represent their clients.

I'm not even sure judges are supposed to work in the public interest, are they? They're there to "execute the office...without fear or favour, affection or ill-will towards any man, and... uphold the Constitution and the laws".