RE: PH Blog: you bend you mend
Discussion
if the journalist in question who drove the Porsche is freelance and self employed, perhaps he has his own limited company ? and therefore liability insurance, so when was sued would it not have been his company being sued ?
as driving the car was a business expense perhaps he could use the massive bill to avoid tax for a few years ?
there is a good reason for setting yourself up as a limited company, just ask any accountant. if he didn't or hasn't its totally his own fault imho
as driving the car was a business expense perhaps he could use the massive bill to avoid tax for a few years ?
there is a good reason for setting yourself up as a limited company, just ask any accountant. if he didn't or hasn't its totally his own fault imho
JulianCharity said:
Surely if David Piper can afford a 917 he can afford the associated costs and risks that go with running it - he must surely be a millionaire to own something like that?
Your run of the the mill journo on the other hand is nothing like a millionaire, so it seems very, very unfair to ruin someone in that way. Mark must be absolutely gutted - it's not like he did it on purpose, old cars break easily and that could have happened to anyone.
Though a wealthy man, DP is not a multi millionaire. The 917 used in the test was built from spares which he aquired over many years. Most of his collection of now valuable racing cars were obtained a long time ago when they were no longer useful racing cars but were not classics either so their value was low.Your run of the the mill journo on the other hand is nothing like a millionaire, so it seems very, very unfair to ruin someone in that way. Mark must be absolutely gutted - it's not like he did it on purpose, old cars break easily and that could have happened to anyone.
Very well written piece.
It's disappointing to hear that the case even got to court. An issue such as this should have been dealt outside of the courts. It should never has escalated to such an extent.
I'm 42, enjoy motorsport and have followed F1 since about 8. My first vivid recollection is of Alan Jones driving like a hooligan. I have heard of Mark Hales - I've never heard of David Piper until now.
Does he realise this seemingly apparent bullying will be his legacy?
I'd like to think the classic car owners/collectors that have worked with Mark Hales maybe able to financially assist the man in this moment.
It's disappointing to hear that the case even got to court. An issue such as this should have been dealt outside of the courts. It should never has escalated to such an extent.
I'm 42, enjoy motorsport and have followed F1 since about 8. My first vivid recollection is of Alan Jones driving like a hooligan. I have heard of Mark Hales - I've never heard of David Piper until now.
Does he realise this seemingly apparent bullying will be his legacy?
I'd like to think the classic car owners/collectors that have worked with Mark Hales maybe able to financially assist the man in this moment.
Why would anyone lend out their historically interesting cars? I think it's the same reason priceless paintings are on display and effectively open to damage in galleries all around the world. There are so few 917s in the world that they should be lent out, used and displayed for the benefit of the wider public in the same way that the Mona Lisa shouldn't be hidden away.
I have no idea why David Piper persued Mark for costs on this, I'd imagine it was down to his feeling about the circumstance, maybe Mark was unwilling to contribute to the cost of the repair as he felt he should.
I have no idea why David Piper persued Mark for costs on this, I'd imagine it was down to his feeling about the circumstance, maybe Mark was unwilling to contribute to the cost of the repair as he felt he should.
http://www.leeds-solicitors.com/piperhales.pdf said:
Accordingly, I find the Defendant to be liable to the Claimant: he
failed to properly engage gear having been expressly told to do so and specifically
warned about the risk of serious damage to the Car if this was not done. His level of
driving – on this particular occasion – fell below the standard of care, albeit high,
required of him.
I can chuck in £10 on payday if it helps failed to properly engage gear having been expressly told to do so and specifically
warned about the risk of serious damage to the Car if this was not done. His level of
driving – on this particular occasion – fell below the standard of care, albeit high,
required of him.
clubracing said:
Though a wealthy man, DP is not a multi millionaire. The 917 used in the test was built from spares which he aquired over many years. Most of his collection of now valuable racing cars were obtained a long time ago when they were no longer useful racing cars but were not classics either so their value was low.
You've seen his entire collection, right? Just to touch on the point you made early in the blog.
Just having the car out being used adds value and provenience to the car in general especially in races.
I would also like to add my commitment to a donation to any fund that helps.
Very difficult for those involved, except the legals who just get richer.
Just having the car out being used adds value and provenience to the car in general especially in races.
I would also like to add my commitment to a donation to any fund that helps.
Very difficult for those involved, except the legals who just get richer.
nicfaz said:
It's a harsh lesson for many, but once you get into a court of law it doesn't matter whether you are telling the truth or not. As others have said in the related posts, it often boils down to who has the best lawyers. That is unlikely to be the journalist when it's journalist vs wealth owner.
Well no, the facts are what 'it boils down to' and in this instance, the facts are that Piper's car broke whilst in the care of Hales, or rather, in the judge's eyes at least, Hales caused damage to Piper's property.Whether the judgement was the right or wrong one will be argued for eternity, but with little else to go on, I can appreciate why the gavel went the way it did.
It's a fascinating case by virtue of the precedence it sets for the future.
JulianCharity said:
He also filed a loss of use sum claim for an extra £11k on top!! What a tight wad!! If you can afford a 917 you can afford £40k to repair it - that's part and parcel of owning exotica!
I agree thats not very charitable Julian.... but You bend it you mend it. Just because the guy has an expensive car does not mean that he should not get what he is entitled to. Here's what the Press Association reported what the Judge said .. Its interesting how different a picture it paints.
The judge said Mr Piper, of London Road, Windlesham, Surrey was "certain, accurate and truthful" in his evidence.
He described 62-year-old Mr Hales, of Fen Lane, Conisholme, Lincs, as "a most unreliable witness whose evidence was creative, inconsistent, self-motivated and incredible".
IDrinkPetrol said:
So, what did David Piper have to pay when he did this?
- doesnthavealegtostandon
This is an utterly shameful situation. Well written article. To Mark, keep your chin up, you have a great deal of support
Quite frankly the litigation that goes on these days is an embarrassment whether it be this particular case or the cocks chasing piss easy £5k payouts for whiplash "injuries" (never understood what they're actually getting a payment for?). Change in the Law is required to stop it imho as it quite clearly will continue to get worse and worse ...
TX.
TX.
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