I have been biking for many years, and decided to treat myself to a new Triumph Explorer with all the gear on it – the side boxes, racks, engine bars… the full works.
I ordered it and was told by the dealer that it would be in the showroom in a couple of weeks. In the meantime I moved home to a terraced house, and the only place to park a bike is in the back garden.
The only access is through a quite narrow passageway, and this is a real problem because when I picked up the bike I found I could not get it down the passageway because the Triumph is too big.
My mate at the pub told me that goods have to be fit for purpose and this bike simply isn’t. He reckons I have a good case, and that I should take it further. I have taken the bike back to the dealer and asked for a refund, but he told me to sling my hook and I heard the mechanics bursting into laughter out the back.
Can I successfully sue the dealer for my money back by using the Sale of Goods Act?
Firstly, your mate ‘Lord Justice Lager’ might be qualified to drink pints, but he certainly isn’t qualified to give legal advice by the sounds of things. No you can’t sue the dealer successfully.
Are you completely mental? A judge would do his nut if you sued the dealer after YOU ordered a Triumph Explorer but wanted to give it back because it wouldn’t fit up YOUR back passage (excuse the pun).
It would be like suing a Ducati dealer for supplying a red motorbike that then clashed fashion-wise with the blue leathers you bought the week after.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.