Stolen Fri/24th jan

Hi all wanted to post up my stolen R1.

It is with a heavy heart i write this.On Friday morning at 10,21 am in Wooler street se17 my new R1 was stolen, i received a movement alert via text and flew out the door to an empty space where she had been parked not 5 mins since.I stayed calm and contacted tracker and the police without delay , within 4 minutes of the call the police arrived this was around 10,50 am .At 10,58 i get another text alert that the battery had been disconnected at Eglington court se17, the police were still with me at that time and put a call out for attendance at that location, 3 minutes pass and the radio of the officer goes off, a policeman asking what part of Eglington court as they were in attendance and cant see anything, i showed the map of ping alert and this was relayed to the officers on scene.Wasting no time i hot footed it over to the location, half a mile from where it had be parked!!!.My map reading for the tracker was reading a location where there was a block of 10 garages and some smaller lock sheds, bingo i was thinking i have my bike back its in one of those garages , police talk to tracker direct and they say they are sending a man with a beacon signal alert finder but this will take some 2 hrs as he is in Milton Keynes.All the police on site were buzzing thinking they had the theft sorted as the bike was in a garage and there might be 2 more that were stolen that morning also.I couldnt believe how many police were there , 17 at one point , one group was on mountain bike and in plain clothes, they stayed the duration , great lads and lasses.Finally the guy fron tracker arrives and gets to it , he narrows the alert to one garage and says the signal is coming from ther , all happy at this point, police were asked to lift corner of garage door so the guy could put a camera probe under to take a look…EMPTY fkn empty , deflated and upset as were all the police . the tracker guy said sill y question but has anyone been on the roof?, i jumped up and as soon as i did there it was the tracker system that was supposed to keep my bike recoverable .After a quick think i realise that the tracker had been removed in the space of 3 minutes or so , fkn anger now overtakes sadness as had the tracker been fitted properly then it would still be on the bike and the bike would now be recovered .After some more paper work and thanking all the police for a great response and turn out i head home.Now im calmer and thinking clear i realise that P and h Motorcycles are at fault here and i call them sat am to ask if i can remove the tracker and use on another bike, the reply was yes sir you can but we would advise a skilled mechanic as the unit is buried and inaccessible so it cant be removed without time and effort, oh i say is that true , well tell me then why within 3 minutes has one been removed from the new r1 i purchased from you… silence befell the service manager!I will be taking this all the way and wont stop until p and h replace my stolen beloved r1.please all be vigile and who knows anything is possible.I will keep all up to date on what happens and what response i get from p/hGU63 ETT

should have got them to agree it in writting. otherwise itl be a tough fight!

sorry for your loss, hope you get it soon!

Bike track will supply all logs and written report along with police , times attended etc so i think they will have a fight on their hands

awww sorry to hear that best of luck with getting it back. i would of asked them to put the cameras in all the garages as it might of been in one of them and they just lobed the tracker on the roof when they removed it =[

from what the police were saying they had a good idea of who it was so i am sure they will do all they can, the police were fkn fantastic to be honest so have every faith they will keep going on this, i wish they had checked all the garages but there is a point at what they can and cant do keeping them legal in their actions

I hate London for that mate. Jobless low life ####s take something from you. You worked hard for this bike and suddenly is gone. I had couple of them next to my bike last week. They were were trying to nick it but my flatmate scared them off .
Lets hope you find your bike

Sorry to hear this, hash.
Good luck in getting your bike back.

i ment, you should have got the garage to confirm in writing that it cant be removed so easily etc.

cries a little inside for you I seriously hope you get it back or resolve it somehow! Keep us posted!

Absolute cu*t muscles! Goes to show, they’re always a step ahead of any security we can get!

Really sorry to hear about your bike getting stolen, awful… However I would say it would take no longer than 3 minutes to disable tracker in most sports bike. The only hope is that the thefts don’t think a tracker is fitted… Most are just cabled tied on… Really don’t think you are going to get anywhere going after dealer.

After talking to dealer and tracker, if unit is fitted correctly then 3mins even 30 mins would not see it removed!!
This is the reason i purchased it and i will pursue the dealer as i and tracker do not believe the unit was fitted correctly.

This unit cost £300 and 2 hrs labour was charged to fit it and the sales was this is fitted where u cant get to it and it would take a prof mechanic a couple to 3 hrs to do so, sorry but to me they are fault as the unit didnt even have a mark on it when it was retrieved and no visible signs of fixing, they took my money and supposedly fitted it correctly taking 2 hrs because it had to be done right:Whistling:

unless you get the bike back i doubt youl be able to prove it was fitted ‘incorrectly’ they will be easy to remove, the hardest part would be locating it.
if someone knows that particular model R1 then they might no the usuall places itd fit.

removing it is easy! wether or not the bike starts now its removed is another question.

Yes they are 300 to buy, and take 2 hours to fit, but a sports bike has only a couple of places they can be fitted. And I would say 95% are fitted in one place. My last 3 bikes have all been fitted in same place, paying that 250 and 2 hours fitting Time… And providing you are willing to do a few pounds of damage to the bike (which a thief will) you will remove it in less than 3 minutes. As I said the only hope is that they don’t think one is fitted, but they are getting more clever, new sports bike in london equals tracker…

Ps most are fitted by cable ties…

IF and at this stage it is a very big IF…but…IF the tracker, when properly fitted, should take (roughly) 15 minutes or more to remove; and you can show that this particular tracker was fitted by a company or individual holding themselves out to be a competently skilled mechanic who can fit such trackers; and you can show that the tracker actually only took 3 minutes to remove: then you may have a valid claim.

Now it isn’t clear from your post how the tracker was on your bike.

Did you buy the tracker and have it put on, or was it on the bike and transferred to you?

If you bought and paid P & H to put the tracker on the motorcycle. Then your claim would be under section 13 of the Supply of Goods and Services Act 1982, which relates to care and skill. The argument you would present would be that P & H did not exercise reasonable care and skill when fitting the tracker, and this is why it could be removed in 3 minutes.

This would allow you to claim back the price of the tracker, minus any wear and tear based on age. I would argue the full cost of the yearly tracking system, on the basis that you would not have received any benefit from it at all during the period you paid for it, due to the fact that it would fail, it was just a question of when.

The bigger question for you is whether you can claim consequential losses based on the failure of P & H to fit the tracker properly.

You can claim consequential losses stemming from a breach of contract; however, there is a thing called novus actus interveniens which means that a third person intervenes and is responsible for your losses. P & H may argue that the thief is the third person who is actually responsible for your losses, and, at most, they are only responsible for a poorly fitted tracker.

The counter argument would be that this contract always had in mind the “thief” and was created purely on the basis that he existed and would act, and is not a third person to the contract at all. If I remember my opinion writing days correctly, you can claim against an “alarm fitting company” for a failure to properly fit an alarm. The consequential losses from the resulting theft can be claimed back.

There is some question as to what exactly you can claim back, due to insurance, value of vehicle etc, but if your claim is for less than £10,000 this claim would be dealt with on the Small Claims track and the court would not expect you as a litigant in person to be able to work out exactly how the amounts should be calculated.

If the tracker was already on your bike, your claim would be more complex and I don’t have the time to write it out right now.

So sorry to hear of your theft, I know how it feels when you get one stolen.

Sorry to hear this, hope you have protected no claims!

Unfortunately though, if the Tracker was fitted in an approved location then you have nothing to claim against, do you know where it was fitted on the bike - my guess is under the rear seat unit on the outside of the sub frame or under/in the Airbox - two approved locations and two very easy to get to parts of the bike!

Also as your bike appears to be under 6months old your insurance will probably just give you a like for like replacement with another Tracker fitted if it was on your sales invoice.

if the police may know who is behind it then maybe they will get lucky and get your bike back when they steal another one.

sorry to hear of your loss.

this is a very scary post, as i thought trackers were a good way to recover stolen bikes.

i can only think of two possible scenarios:
as you assumed, the tracker wasnt fitted properly therefore easy to remove.
the thieves are working with the people who fit and/or sold the tracker for you.
the last scenario is the one that scares me most.

I feel for you, stories like this put me off ever wanting to buy a new or like yours, very nice bike.

Good points from Kaos, I recall a similar case (Small Claims prehaps) which led me to understand sueing third parties was a lost cause if you had adequate insurance against theft. “The System” expects you to claim and let the insurance company or their agents deal with any recovery.

Also sorry to read about this mate. I have to confess, although I haven’t had a tracker fitted myself, I was always of the opinion it was “as much as anyone could possibly do” in terms of security.
What would annoy me is IF there is limited space or locations for it to be hidden (as suggested) they should make this clear before fitting it.
Clearly if it isn’t possible to secret the tracker box, then it isnt “fit for purpose”?!