Motorcycle transport dispute - advice required

[Crazy Steve]

Seriously, you need to decide whether the $150 is worth your time, trouble and stress.

Don't turn a matter of principle into a full on crusade when the whole thing could have been settled for $150. That'd be my approach anyway.

Good advise.... I would also not pay any more than $500 to repair that damage.

Or I would try and fix it myself !

Crazy Steve.

[spajohn]

Pics of damage below.

Hi, I had the exact same situation with a fridge. Basically transport are not subject to the consumer laws as other businesses. I spoke to Consumer Affairs and was lucky enough to strike someone with an interest in this flaw, and wanted to use my case as evidence to address this law. Long story short after several months, and her arguing directly with the company, I got a full refund (less gst?!) for the shipping costs...in my case it wasn't worth going down an insurance route and repair wasn't an option due to age etc, though in yours you obviously want the damage fixed.

Send me a PM with your details and I'm happy to put you in contact with her.

cheers,
John

[oneofsix]

you can do the 'kiwi thing', don't forget to grab your ankles, or you can take spajohn's approach and try to fix the system.

[ukusa]

I'm currently going after someone via the Disputes Tribunal (I think that's what people mean by small claims court) for something non-bike. It's an easy process that does not involve lawyers. Costs $30 minimum, although costs increase slightly as value of claim increases. Go to your local court house to file the necessary paperwork. Took me about 10 mins to fill in the form (and I was slightly drunk at the time).

+ 1 for this option. Take all the evidence (sworn statement from previous owner etc) when it comes up.

[swbarnett]

Seriously, you need to decide whether the $150 is worth your time, trouble and stress.

Don't turn a matter of principle into a full on crusade when the whole thing could have been settled for $150. That'd be my approach anyway.

It's exactly because it is a matter of principle that it should be taken further. Even if one is out of pocket they should not be allowed to get away with this. At the very least they need to be told that they cannot withhold copies of signed documents from the signatory.

[North Harbour Yamaha]

The company that I use give me a copy of the signed docket when they pick the bike up so nothing could be added at a later date.

They have transported lots of motorcycles all over NZ for me and have never damaged any of them.

[dreamR]

yeah it is a matter of time and effort. i dont really want to be out of pocket but im also not sure whether i want the hassle of doing the court date etc. there is a chance that if i advise the company of going down the disputes tribunal path with a court date etc, they may pay up, but equally there is a chance that will go through with it and even if the tribunal finds in my favour, they can drag the payment to me out and make me get a court order to enforce the payment. all over $300 and taking about 3 months.

Im thinking it may be best to take the $150, but if that doesn't come through, then definately go to the disputes tribunal!

[dreamR]

The company that I use give me a copy of the signed docket when they pick the bike up so nothing could be added at a later date.

They have transported lots of motorcycles all over NZ for me and have never damaged any of them.

yeah they absolutely need to be doing this, its just bullshit the system they've got at present

[phill-k]

yeah they absolutely need to be doing this, its just bullshit the system they've got at present

I have to say this but your attitude which is typical of kiwis, shrug shoulders and walk away is why they can get away with what they have done.
If they have altered the document that's fraudulent, not owning up to what amounts as carelessness means the next member here also gets similar non caring treatment.
Get hold of the seller and confirm what they signed, call the company and make it clear there is a principle here, mention you have posted on this site and will name them, tell them that unless they put right their carelessness you will take them to the disputes tribunal do not just let it slide.

[dreamR]

I have to say this but your attitude which is typical of kiwis, shrug shoulders and walk away is why they can get away with what they have done.
If they have altered the document that's fraudulent, not owning up to what amounts as carelessness means the next member here also gets similar non caring treatment.
Get hold of the seller and confirm what they signed, call the company and make it clear there is a principle here, mention you have posted on this site and will name them, tell them that unless they put right their carelessness you will take them to the disputes tribunal do not just let it slide.

yeah i agree with what you have said. they shouldnt be allowed to get away with this type of thing, i'm just not sure i have the time or desire to go through with the court process.

[phill-k]

yeah i agree with what you have said. they shouldnt be allowed to get away with this type of thing, i'm just not sure i have the time or desire to go through with the court process.

Done the tribunal thing a few times myself and its good fun, but that not the point. The point is making / keeping a business honest, sometimes we have to go above and beyond to stop what is otherwise mediocre or poor service and performance.
You need to do this.
Also post up the name of the transporter, you are not breaking any laws doing so as its your personal experience, you are however educating those that might potentially use the services of a transporter.

[steve_t]

yeah i agree with what you have said. they shouldnt be allowed to get away with this type of thing, i'm just not sure i have the time or desire to go through with the court process.

Nor the required written evidence to allow a disputes tribunal hearing to be awarded to you. If the seller had been given a copy of the transport document, you'd probably be OK. You signing for receipt of the bike doesn't help either. I went to Disputes Tribunal years ago for a removal company who moved all my furniture. They measured how much space my stuff would take up in the truck and told me, but then billed me for nearly twice as much space. I didn't get the tribunal ruling because the removal company didn't write any number on the transport doc about how much space my stuff would take up. My missus also lost a DT hearing after a company told her one thing and then gave her another but because there was no evidence, the ruling was unable to be given in her favour. Just be aware that DT requires significant evidence. Having to take a half day off work to go to DT just isn't worth it either esp if it's a relatively low value claim

[scracha]

Request the full $300 and state you'll take no further action. Tell the transport owner his driver is a sack of lying shite (especially if you've already proven there was another bike being transported after he said there wasn't). It may be he's one of these rare employers who backs up and trusts his employees.

Otherwise take seller to small claims court. Advise transport owner of this prior as he may back down when you point out that previous owner will likely involve police if documents forged. If transport owner does not back down then in all likely hood it is the previous owner bullshitting you. One of them will back down

Otherwise take the $150. It aint worth the extra money for small claims hassle. If it's "the principle" at stake then tell transport owner and previous owner you're going to name and shame them to all and sundry. You've got nothing to fear if you stick to the facts.