hey any info please i have been pulling tanks i loaded one with oil the foot valve was in the off position and the release tap was of swell. but had blockage so as i proved it with a bit of pipe the oil started to come out and i lost 1.5 ton before i could get to the foot valve to shut it off which was about 4 inchs away from were it said it was closed .the clean up bill and oil lost came to 3,000 pounds took the tank back to the yard and the owner ammited to me that the off position was in the woung place now as i have left him he has charged me with this bill any body know were i stand
It all rather depends on what it says in your contract terms (and who your employer is/your arrangement with them).
I have a feeling that if you are working as “self employed” or under your own limited company (or some form of umbrella scheme) then the phrases “■■■■ creek” and “without a paddle” may be appropriate.
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there was never a contract i was pulling his tanks with my unit only no higher getting 1.50 mile traction only
in that case,refer to the previous reply…so long s your insured then just pass it on and forget about it,or spend 3k in court and see how you get on?
thankyou for reply i think i will just have to leave it and pay it
fat liar:
thankyou for reply i think i will just have to leave it and pay it
^^^^^^^^^^^^^^^^
2k isbt the crown jewels for an insurance claim,and if you pay it or pass it on to your insurers then itl be forgotten about before xmas.
bitter pill to swallow perhaps,but your other option is to go to court and hope it goes in your favour though it could go 50-50 or either way.
take a kick in the nuts and pass it on to your insurance unless you dont have the proper qualifications to have been pulling a tanker,then your boloxed anyway.
Nothing in writing? No emails or texts etc?
“He said” and “I said” won’t get you far in any court.
fat liar:
thankyou for reply i think i will just have to leave it and pay it
I’d write back first and say you dispute the bill on the grounds their plant and equipment was faulty and see what comes back from there.
Personally, I think you could possibly avoid liability altogether but even if a court didn’t go that way I’m pretty certain they’d make you split the bill on some ratio.
Franglais:
Nothing in writing? No emails or texts etc?
“He said” and “I said” won’t get you far in any court.
Nor will it for the other side though.
Own Account Driver:
Franglais:
Nothing in writing? No emails or texts etc?
“He said” and “I said” won’t get you far in any court.Nor will it for the other side though.
True enough - but the position appears to be that “the other side” still has their money and “our side” wants them to cough up.
fat liar:
there was never a contract i was pulling his tanks with my unit only no higher getting 1.50 mile traction only
I would suggest not paying the bill. If he takes you to court you can always pay it then if you feel you want to.
TBH 3k is I believe small claims court so a judge would likely take the common sense view that liability lies with the tanker owner. He would have to prove negligence on the drivers behalf to get a successful claim.
Or just refer to insurance but not sure what the long term effects are there ie premium increases etc
If you were only pulling the tank, why were you doing things with the valves? Sounds like a bit more than just pulling.
That starts to get complex. If you have no written contract, what have you been doing in the past loads? What was your accepted role - so even though it wasn’t written, what did they expect you to do and did you fulfil it?
Is this the whole or part of the bill?
Now is the time to use those free 30 min solicitor sessions. Or make a one off full and final payment without obligation and hope it goes away
Acorn:
… Now is the time to use those free 30 min solicitor sessions.
This^^^
Although as soon as it becomes apparent it’s a commercial dispute not a consumer/family matter I daresay the 30 minutes free offer will evaporate…
I’m not saying a quick solicitor chat will solve the OP, but it’s naieve to do nothing. On tv he gave of it the OP has gone more that just pull the trailer / tank, so likely to have or share some reepinsubility especially if there is no clear contract in place
dieseldog999:
in that case,refer to the previous reply…so long s your insured then just pass it on and forget about it,or spend 3k in court and see how you get on?
This. Then learn from it. Turn a page & move on.