16 year old tyre

Soldato
Joined
27 Dec 2005
Posts
17,317
Location
Bristol
THIS IS AN OLD THREAD. GO TO THE LAST PAGE BEFORE POSTING AN IRRELEVANT COMMENT >>>>

Some of you may remember this thread from last year: http://forums.overclockers.co.uk/showthread.php?t=18157120. This post is the most relevant from the thread: http://forums.overclockers.co.uk/showpost.php?p=16884612&postcount=48

Short story:

  • Got a flat on the motorway
  • Got the tyre replaced by a garage as well as some other work (wheel alignment)
  • That new tyre then blew on the motorway the day after
  • Garage refuse to refund tyre, blame me for hitting a kerb
  • Turns out said tyre is 16 years old
  • I start to go to the papers but they can't print anything because nothing's proved, and I start chatting to Trading Standards

And that's basically the contents of that thread.

Anyway, I was in court yesterday; JONES v CHURCH :D.

It went to court via Trading Standards so they sorted out all the costs, barristers, evidence collation etc, and the proprietor has pleaded Not Guilty since proceedings began. For the senior trading standards officer I was dealing with it was the first time in 5 years that someone had pleaded Not Guilty and it had actually gone to court.

I was the key witness (obviously) so I was in the witness box for a good hour at the start of the day. It was closer to a proper court than I was imagining: prosecuting and defence barristers, court clerk/lawyer, three magistrates and the defendant behind glass to the side. The trading standards guys were also there at the back just to watch things unfold.

Anyway, to cut a long day short (it took over 7 hours) there was evidence from myself, my girlfriend, the proprietor and the garage manager who were all questioned and cross-examined by both sides. There was also a heap of other literature; written statements from trading standards, a 25 page tyre study from Michelin etc.

End result? He was found guilty on all 3 counts - selling a dangerous tyre, not clearly labelling a part-worn tyre as such, and not clearly informing a customer that a tyre is part-worn.

Total damage? £4,000 in fines, £2,860 in court costs (on top of the £4,000 he'd already spent on going to court) and £129 compensation for me (which was my total bill).

WINNING :D
 
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Absolutely awesome result, nice work! I remember this thread, glad it worked out for you.

See, people being anal on here can be useful at times :p
 
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I bet he just wished he'd given you a refund now! Just goes to show how much businesses can save by going the easy route and doing a refund. (even though they shouldn't be selling dodgy tyres). I'm taking a wild guess that it's quite a small garage as well, so having to pay out almost 7 grand could close his business down.
 
Nice result! I just don't understand why people aren't honest in the first place. It was a tyre out of all things.
 
When it comes to people and court there is no sense.

I am going through a case at work over land ownership where the guy is denying he made contact with us in 1995/6. Despite the fact I have about a dozen letters from him and his solicitor at this time. His defence only refers to documents in 2011 - about 6 of them. My defence lists over 30 documents spanning back to 95/6!!!

Anyway good on you OP - I cant believe they let it get this far without settling? I wonder what they thought they had in the bag????
 
What an idiot for going to court, why the hell did he not just give you the 130 quid bad and say sorry

Well done, its nice to see that you took it all the way
 
[TW]Fox;20471174 said:
Welcome to the motor trade :p

True, but if there was an ounce of honesty he wouldn't have had to pay out so much money! Personally any trade out there is brought up on lies. It's just the way of the world, don't lie, don't get anywhere. :\
 
I love that the guy was so pigheaded and ignorant he thought he could wriggle out of it. Great result for you mate, and really happy you took it all the way. Hopefully it will hit him hard and he has learned a lesson. Cheered me right up this has - thanks for posting!
 
Good on you for your persistence, if more people were like you we wouldn't have all these issues in the first place!
 
I'm so happy with this, I'm going to buy you an OcUK mug as a present on the condition you pose with it and the offending tyre.

MODS - Please can you take some money off me as OP may not want to give me his address (totally fair enough) so I can gift him said mug.
 
I'm so happy with this, I'm going to buy you an OcUK mug as a present on the condition you pose with it and the offending tyre.

MODS - Please can you take some money off me as OP may not want to give me his address (totally fair enough) so I can gift him said mug.

Please do this OP.
 
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