Admission of negligence

Admission of negligence

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Discussion

sidicks

25,218 posts

221 months

Thursday 20th August 2015
quotequote all
sebulban said:
sidicks said:
My guess is "something for nothing"...
I don't believe in ad hominem..... but in this case. Shut up bell end.
If the garage have already agreed to rectify the situation, why involve lawyers?

You're clearly hoping (but not expecting) 'something for nothing'. Sorry you can't see that!

davek_964

8,813 posts

175 months

Thursday 20th August 2015
quotequote all
sebulban said:
davek_964 said:
I don't think anybody disputes that it COULD have been very serious.
But I'm inclined to agree with Oso - they are already compensating you directly for any real loss you suffered, and I think any goodwill Porsche were likely to offer for any loss you <might> have suffered is likely to disappear now the lawyers are involved.

Regardless of whether Porsche were responsible for the tyres wearing excessively- which does seem to be the case - it is always going to be your responsibility to make sure the car is roadworthy, which means that you should have noticed this long before the tyre exploded.

Good luck, and I hope you do get a positive result. But I suspect that unless you're using an ambulance chasing no-win-no-fee lawyer, you're simply going to end up with a legal bill.
To reiterate I havent "set the lawyers on them." - Im awaiting Porsche Head Office response to their "investigations." I took legal advice before posting here just to see where I stand. And after hearing peoples thoughts on here Im guessing the ultimate result will be rectifying their error... maybe an offer of a service or something & a pretty cheap life lesson, which Im all for.
You are not reiterating. You are stating completely the opposite of what you said in an earlier post :

sebulban said:
...FYI to everyone I have "set the lawyers" on them....
I guess you missed out the word "not". Hence my (and I suspect other peoples) confusion.

sebulban

Original Poster:

285 posts

119 months

Thursday 20th August 2015
quotequote all
davek_964 said:
I guess you missed out the word "not". Hence my (and I suspect other peoples) confusion.
Hahaha the dreaded typo!!!

So didn't mention I had an alignment done - queue accusations of burning my own tyres out. AND I then say I'm setting the lawyers on them when i meant HAVENT - queue other various pieces of "abuse." - Haven't helped myself out on that.

I am also NOT expecting something for nothing. I am a parity man.

I do kind of regret posting on here now and talking in person with people is so much easier.

BertBert

19,035 posts

211 months

Thursday 20th August 2015
quotequote all
sebulban said:
I am also NOT expecting something for nothing. I am a parity man.
So are you happy that you are getting what you want and what is right in the circumstances? New tyres and tech issues fixed?

jonny finance

926 posts

206 months

Thursday 20th August 2015
quotequote all
Two incidents have come and gone by in my simple life this week which somehow draw comparisons.. First was a snotty chasing letter received from HMRC
chasing supposed tax not paid. Checked records - all paid, cheque cleared all on time... What on earth?? Who the hell?? You wait.. Get em on the phone.
The HMRC lady could not have been more helpful, apologetic and just plain nice..

Next. Had to take daughters newly purchased phone back to one of those strange buy and sell nearly new shops. Again I prepared myself for a right battle and expected nothing but disputes, awkwardness and hassle.. Girl serving followed by store manager could not of been more agreeable, genuinely helpful and again nice. Left shop with replacement phone and a very happy daughter on my return home..

Funny enough I also previously had experience of the same OPC who had a slight mishap when our car was in for service. Admittedly the problem was caused by a third party but the way they handled the situation and did their upmost to remedy the mistake was all one could seriously ask or indeed expect.

If the faults and issues are remedied and your on the end of humbling niceness your on to a winner...To expect more is just so 'American'





Edited by jonny finance on Thursday 20th August 14:13

VladD

7,855 posts

265 months

Thursday 20th August 2015
quotequote all
sebulban said:
Hahaha the dreaded typo!!!

So didn't mention I had an alignment done - queue accusations of burning my own tyres out. AND I then say I'm setting the lawyers on them when i meant HAVENT - queue other various pieces of "abuse." - Haven't helped myself out on that.

I am also NOT expecting something for nothing. I am a parity man.

I do kind of regret posting on here now and talking in person with people is so much easier.
If it were me, I'd want the cost of repairs covered and any expenses (e.g. hire car) covered. Unless I'd suffered personal injury or thought that the car had suffered permanently, I certainly wouldn't be getting lawyers involved. Lawyers will obviously want to to pursue some sort of personal claim as that's how they earn a living.

I'm sure that when the car is all sorted, the next time it goes in for a service it will be very well looked after. The nicer you are to them now, the better service you'll get in the future. I'd bank some good will and leave it at that.

sebulban

Original Poster:

285 posts

119 months

Thursday 20th August 2015
quotequote all
jonny finance said:
Two incidents have come and gone by in my simple life this week which somehow draw comparisons.. First was a snotty chasing letter received from HMRC
chasing supposed tax not paid. Checked records - all paid, cheque cleared all on time... What on earth?? Who the hell?? You wait.. Get em on the phone.
The HMRC lady could not have been more helpful, apologetic and just plain nice..

Next. Had to take daughters newly purchased phone back to one of those strange buy and sell nearly new shops. Again I prepared myself for a right battle and expected nothing but disputes, awkwardness and hassle.. Girl serving followed by store manager could not of been more agreeable, genuinely helpful and again nice. Left shop with replacement phone and a very happy daughter on my return home..

Funny enough I also previously had experience of the same OPC who had a slight mishap when our car was in for service. Admittedly the problem was caused by a third party but the way they handled the situation and did their upmost to remedy the mistake was all one could seriously ask or indeed expect.

If the faults and issues are remedied and your on the end of humbling niceness your on to a winner...To expect more is just so 'American'

And if this is the third such incident with the same centre? Just let it slide? Hoping it will improve. Or till someone gets killed.



Edited by jonny finance on Thursday 20th August 14:13

sidicks

25,218 posts

221 months

Thursday 20th August 2015
quotequote all
sebulban said:
And if this is the third such incident with the same centre? Just let it slide? Hoping it will improve. Or till someone gets killed.
What is the nature of the previous two incidents?

VladD

7,855 posts

265 months

Thursday 20th August 2015
quotequote all
sebulban said:
And if this is the third such incident with the same centre? Just let it slide? Hoping it will improve. Or till someone gets killed.
You've raised it with Porsche HQ. You've done your bit. You can always take it somewhere else next time if you don't trust the OPC any more. Getting a lawyer involved is OTT. It may get you some compensation, but will it guarantee that the OPC will improve their procedures? Who will police that?

I can understand that you had a scary experience, and you would like to try and ensure that it doesn't happen again, but I believe that the power to enforce that is beyond both you and a lawyer. Porsche will not want a repeat of this situation, so I'd say leave them to it and let them sort it out themselves.

Edited by VladD on Thursday 20th August 14:43

sebulban

Original Poster:

285 posts

119 months

Thursday 20th August 2015
quotequote all
Its going round in circles a bit and I don't follow a lot of the logic here so I think ill just sum up and leave it :-)

We have established there is no clear indicator of who is at fault here. The available evidence would put a reasonable probability on it being Porsche not doing the wheel alignment at all, or correctly, when the 4 tyres were replaced in May (as was paid for).

They have replaced the tyres for free, done a check and put some new bolts on the suspension free of charge. So ultimately I am back in the position I was in when the tyres were replaced in May.

There is debate about whether there is any element of negligence here and whether legal action is worth the effort. The consensus is because Porsche are so big and scary, its hard to prove and we wouldn't want to annoy them going forward because they service the car AND some people are happy to let things slide for as many times as is necessary until there is a a death or something more serious (then take action)..... I should put it down to experience. Viva la prevention is better cure!!!

The car has just arrived now.... all shiny and repaired. So Im off down the back roads to see how quickly I can wear this set down and get back on here claiming I don't know whats going on ;-)

IMI A

9,410 posts

201 months

Thursday 20th August 2015
quotequote all
Its a tough audience on PH Porsche forum lol !

davek_964

8,813 posts

175 months

Thursday 20th August 2015
quotequote all
sebulban said:
The consensus is because Porsche are so big and scary, its hard to prove and we wouldn't want to annoy them going forward because they service the car AND some people are happy to let things slide for as many times as is necessary until there is a a death or something more serious (then take action)..... I should put it down to experience. Viva la prevention is better cure!!!
Not exactly. At least my view is : you can't be compensated for something that didn't happen.

And that's what I'm reading from other posters too.

If you think that going legal would somehow cause Porsche to adopt new procedures that would prevent this kind of thing from ever happening again, then that's commendable - but rather unlikely to achieve the required result.

GaryF

970 posts

253 months

Thursday 20th August 2015
quotequote all
sebulban said:
The car has just arrived now.... all shiny and repaired. So Im off down the back roads to see how quickly I can wear this set down and get back on here claiming I don't know whats going on ;-)
Yes, do come back and let us know how the burnouts go. We expect the rears to be toast before tea. Nothing less will do rotate

YoungMD

326 posts

120 months

Thursday 20th August 2015
quotequote all
I'm
sebulban said:
Its going round in circles a bit and I don't follow a lot of the logic here so I think ill just sum up and leave it :-)

We have established there is no clear indicator of who is at fault here. The available evidence would put a reasonable probability on it being Porsche not doing the wheel alignment at all, or correctly, when the 4 tyres were replaced in May (as was paid for).

They have replaced the tyres for free, done a check and put some new bolts on the suspension free of charge. So ultimately I am back in the position I was in when the tyres were replaced in May.

There is debate about whether there is any element of negligence here and whether legal action is worth the effort. The consensus is because Porsche are so big and scary, its hard to prove and we wouldn't want to annoy them going forward because they service the car AND some people are happy to let things slide for as many times as is necessary until there is a a death or something more serious (then take action)..... I should put it down to experience. Viva la prevention is better cure!!!

The car has just arrived now.... all shiny and repaired. So Im off down the back roads to see how quickly I can wear this set down and get back on here claiming I don't know whats going on ;-)
On balance this is a pretty good summary.....

When you offer a premium service and charge for it you should deliver it, full stop. If you don't put it right and compensate appropriately. Big chit chat about what appropriate is but it seems on the scale Porsche have selected the lower end, simply to put right there 'probable' f up. I would want more if only for my time and effort, but life is short so I wouldn't pursue the big scary people........
Que lots of responses, they have done everything, porsche is great blar blar

sebulban

Original Poster:

285 posts

119 months

Thursday 20th August 2015
quotequote all
davek_964 said:
Not exactly. At least my view is : you can't be compensated for something that didn't happen.

And that's what I'm reading from other posters too.

If you think that going legal would somehow cause Porsche to adopt new procedures that would prevent this kind of thing from ever happening again, then that's commendable - but rather unlikely to achieve the required result.
So if I prove ONE case of someone being "compensated for something that didn't happen" in UK law will I win the internets again today?

davek_964

8,813 posts

175 months

Thursday 20th August 2015
quotequote all
sebulban said:
So if I prove ONE case of someone being "compensated for something that didn't happen" in UK law will I win the internets again today?
I guess you 'win' if you proceed with legal action, win the case and Porsche award you compensation. Personally, I don't see that as very likely.

But if it's what you want to do, then knock yourself out.

jonny finance

926 posts

206 months

Thursday 20th August 2015
quotequote all
sebulban said:
jonny finance said:
Two incidents have come and gone by in my simple life this week which somehow draw comparisons.. First was a snotty chasing letter received from HMRC
chasing supposed tax not paid. Checked records - all paid, cheque cleared all on time... What on earth?? Who the hell?? You wait.. Get em on the phone.
The HMRC lady could not have been more helpful, apologetic and just plain nice..

Next. Had to take daughters newly purchased phone back to one of those strange buy and sell nearly new shops. Again I prepared myself for a right battle and expected nothing but disputes, awkwardness and hassle.. Girl serving followed by store manager could not of been more agreeable, genuinely helpful and again nice. Left shop with replacement phone and a very happy daughter on my return home..

Funny enough I also previously had experience of the same OPC who had a slight mishap when our car was in for service. Admittedly the problem was caused by a third party but the way they handled the situation and did their upmost to remedy the mistake was all one could seriously ask or indeed expect.

If the faults and issues are remedied and your on the end of humbling niceness your on to a winner...To expect more is just so 'American'

And if this is the third such incident with the same centre? Just let it slide? Hoping it will improve. Or till someone gets killed.



Edited by jonny finance on Thursday 20th August 14:13
My incident was extremely minor and related to the interior unfortunately getting marked. This OPC treated the matter with the upmost care and satisfaction. I was almost glad it happened (haha!)

BertBert

19,035 posts

211 months

Thursday 20th August 2015
quotequote all
YoungMD said:
On balance this is a pretty good summary.....

When you offer a premium service and charge for it you should deliver it, full stop. If you don't put it right and compensate appropriately. Big chit chat about what appropriate is but it seems on the scale Porsche have selected the lower end, simply to put right there 'probable' f up. I would want more if only for my time and effort, but life is short so I wouldn't pursue the big scary people........
Que lots of responses, they have done everything, porsche is great blar blar
You are still lumping two different things together. "Putting it right" and "compensation". There is nothing to compensate for.

sebulban

Original Poster:

285 posts

119 months

Thursday 20th August 2015
quotequote all
davek_964 said:
I guess you 'win' if you proceed with legal action, win the case and Porsche award you compensation. Personally, I don't see that as very likely.

But if it's what you want to do, then knock yourself out.
Incorrect.

You made a statement "At least my view is : you can't be compensated for something that didn't happen....."

That strikes me as a huge generalisation.

Skyman

1,262 posts

224 months

Thursday 20th August 2015
quotequote all
Opportunism seems to be the word most relevant to this thread. Modern society at its best. Had my mother's mother been on the Titanic........