Bailer twine across road to guide cows - I hit it !.. Advice pls

General cycling advice ( NOT technical ! )
Lox
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 28 Aug 2020, 12:59pm

PH wrote:
Lox wrote:Hi thanks, ye up to 35% I think they said that's why I hope it's quick so minimum should be taken .

I fear you're about to get really stung, make sure you read the contract/agreement before signing it.

Will do thanks for your input.

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Graham
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Graham » 28 Aug 2020, 2:00pm

Two things to remember when "upping the ante" :-

(1) The outcome is never certain.
(2) Bringing additional parties into the negotiation will bring other peoples agendas into the mix. The most obvious one being getting paid enough to make it worth their effort. Someone's wallet will end up getting hammered. Hopefully, the negligent person or the insurer ( but not always ).

slowster
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby slowster » 28 Aug 2020, 4:43pm

OP, in the time that you have spent posting on this thread, you could have already completed and submitted the online form to make your claim. All that you would be risking is £35 and you would get that back if you won, and there would be no need to pay much of an award to lawyers.

In all likelihood, the first thing the farmer would do when he received the official notification of the claim would be to pass it straight to his insurers, and let them deal with it.

MSE has a good article on the procedure:

https://www.moneysavingexpert.com/reclaim/small-claims-court/

thirdcrank
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby thirdcrank » 28 Aug 2020, 4:52pm

From the MSE link

Going to court should be a last resort

Court action shouldn't be your first attempt to get redress. You must be able to show that you have tried to settle a claim before taking court action – if you can't, the court may penalise you.

The court will expect you to have already made your claim in writing, giving the other person a reasonable amount of time to reply (you should specify a time limit in your complaint letter). You should also warn them that you'll take court action if they fail to reply within the given time. You never know, just saying this may be the kick up the bum they need to cough up.


That's what I was getting at when I said write to him with a copy of a pukka quote.

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 28 Aug 2020, 8:00pm

OP has now had the benefit of a good deal of advice. Much of it has now been consistent. He will make his call in the light of it, I'm sure. I hope he returns to keep us apprised of how things progress.

irc
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby irc » 29 Aug 2020, 1:03am

thirdcrank wrote:
Reporting to the police has been mentioned but I cannot see that achieving much in relation to getting your money. I suspect that the line would be that this was not a reportable accident. I don't know what the current rules may say but a dependable member of this forum has previously posted that even "fatals" involving cyclists have not been recorded as such.


It is a reportable accident should the OP choose to report it. I can quite believe he may get some reluctance to take the report with various excuses. I would suggest if possible face to face at a police station and take along a print out of the Home Office Stats 20 form which is the guidelines for recording road accidents. Section 2 lists reportable accidents.

2. ACCIDENTS TO BE REPORTED
2.1 All road accidents involving human death or personal injury occurring on the Highway and notified to the police within 30 days of occurrence, and in which one or more vehicles are involved, are to be reported. .................... Examples of accidents to be reported include........
(c) accidents to pedal cyclists or horse riders, where they injure themselves or a pedestria


ttps://assets.publishing.service.gov.uk ... 0-2011.pdf

Had this happened in SCotland there is the ready made criminal charge of Sec 101 of the Roads (Scotland) Act 1984.

Placing rope, wire or other apparatus in road without adequate warning.

A person who, for any purpose, places or causes to be placed in a road rope, wire or other apparatus in such manner as endangers road users and who fails to take all necessary steps to give adequate warning of the danger, commits an offence.


https://www.legislation.gov.uk/ukpga/19 ... ection/101

9494arnold
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby 9494arnold » 29 Aug 2020, 8:54am

Might already have been mentioned, Farmer has committed an Criminal offence of Wilfull Obstruction of the Highway.
You could do worse than report it to the Police, however, I am guessing all of the incriminating evidence is now long gone.
Good luck with this , hope you get it sorted out.

Cyril Haearn
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Cyril Haearn » 29 Aug 2020, 9:13am

He probably does it every day, the cops could get him easy
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Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 29 Aug 2020, 9:25am

Cyril Haearn wrote:He probably does it every day, the cops could get him easy

Four times a day. He's a hardened criminal, been doing it for decades. Throw away the key, I say.

Cowsham
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Cowsham » 29 Aug 2020, 9:26am

Just found that farm on Google maps in and it's quite a big farm -- is that a road or a lane you were on? Just that in ni that would be considered to be a lane. Don't know if that makes any difference to the offence committed by the farmer.
Screenshot_20200829-091220_Maps.jpg

The rope is clearly visible.

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Graham
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Graham » 29 Aug 2020, 9:35am

Lox has already posted Streetview images of the location upthread.

Methinks dairy farmers throughout the land will be quaking on their wellies as they realise that guiding their herds to the milking shed, across roads will become a major exercise in accident prevention.

thirdcrank
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby thirdcrank » 29 Aug 2020, 9:35am

irc

Re: reporting this to the police as a reportable accident. This is a battle I lost as a newly-promoted sergeant in 1974 when a PC in the accident unit who was about as old as my dad and not shy about reminding me, took the line that he was busy enough as it was and the superintendent took a similar view.

I've no doubt the farmer has committed an offence or several and a couple of posters have suggested this is not an isolated incident, but I really doubt the police would take effective action. Nothing would please me more than being wrong. Bearing in mind that the OP's priority is to be reimbursed for his losses, I fear involving the police might be counter-productive.

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 29 Aug 2020, 9:37am

Graham wrote:Lox has already posted Streetview images of the location upthread.

Methinks dairy farmers throughout the land will be quaking on their wellies as they realise that guiding their herds to the milking shed, across roads will become a major exercise in accident prevention.

I think that crossing lights with buttons would solve the problem, once Doris, Daisy, Bessie and their herd had been trained to obey them.

Cyril Haearn
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Cyril Haearn » 29 Aug 2020, 9:40am

Cannae see anything funny about this

The farmer could just park his truck across the road with flashing lights on, that would be easy to see
Entertainer, idealist, intellectual, PoB, 30120
Cycling-of course, but it is far better on a Gillott
We love safety cameras, we hate bullies

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 29 Aug 2020, 10:22am

It's a welcome reminder not to introduce humour into this most serious matter, thanks.