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iGRF
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Topic: PY changes for 2014 Posted: 28 Feb 14 at 11:39am |
Originally posted by yellowwelly
technically- the manufacturer hasn't set the PN, even if they have recommended something to the customer/public domain.I don't think there's a legal precedent where through the ethical and empirically accurate course of its activities, a third party, in this case the RYA, can held accountable for the potential loss of revenues of product manufacturer or trading company utilising the third party's IP to assist with sales. I think the best you can achieve from a hypothetical legal wrangling is finally convince manufacturers to STFU when it comes to announcing a predicted PN. I feel for Mike on this... damned if he does, damned if he doesn't, but legal chatter ain't going to help anyone. |
All the more reason for a fact based system the manufacturer can set, that can only be challenged if the facts are distorted or changed. Then at least there would be an alternative clubs could reach for when they've been screwed by the PYAG and they don't have the political will or weight to set their own guidelines.
There should be a Manufacturers group, that define their own rating, the RYA system could continue as is and tinker about, but it would at least give some stability within which to provide customers with what they might want.
Edit, right here right now, folk may be buying the Aero or Zero on the assumption in the Zero's case it is 1050. Dan's programme says it's 1050, he's raced it for 5 years and proved it, yet even at the FOM 'they' were crying Bandit, (it did beat the Icon at 1020, convincingly every race, nothing to do with the helm or anything) so chances are 'they' will rate it 1030 or 1040, how would you feel about if you'd bought it thinking it is what the designer and manufacturer say it is?
Edited by iGRF - 28 Feb 14 at 11:49am
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Steve411
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Posted: 28 Feb 14 at 11:46am |
Originally posted by Rupert
No, I think GRF is right. It has turned out from the figures the RYA have published this year that my Lightning is in fact approximately 1/2% slower than I thought it was. As I bought it thinking it was one speed, based on what the RYA said, and they have now changed their minds, based on nothing but statistics, I think I am going to sue them for their deception, as I'm obviously going to get less enjoyment from my boat, now I know it is slower.
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And my boat is 1/2% faster. Does that also make it 1/2% tippier? No-one told me this. Oh Lord.
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Blue One
Far too distracted from work
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Posted: 28 Feb 14 at 11:48am |
Where's a Billy goat gruff, when you need one.
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Steve411
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Posted: 28 Feb 14 at 11:49am |
Originally posted by iGRF
Originally posted by yellowwelly
technically- the manufacturer hasn't set the PN, even if they have recommended something to the customer/public domain.
I don't think there's a legal precedent where through the ethical and empirically accurate course of its activities, a third party, in this case the RYA, can held accountable for the potential loss of revenues of product manufacturer or trading company utilising the third party's IP to assist with sales.
I think the best you can achieve from a hypothetical legal wrangling is finally convince manufacturers to STFU when it comes to announcing a predicted PN. I feel for Mike on this... damned if he does, damned if he doesn't, but legal chatter ain't going to help anyone. |
All the more reason for a fact based system the manufacturer can set, that can only be challenged if the facts are distorted or changed. Then at least there would be an alternative clubs could reach for when they've been screwed by the PYAG and they don't have the political will or weight to set their own guidelines.
There should be a Manufacturers group, that define their own rating, the RYA system could continue as is and tinker about, but it would at least give some stability within which to provide customers with what they might want.
Edit, right here right now, folk may be buying the Aero or Zero on the assumption in the Zero's case it is 1050. Dan's programme says it's 1050, he's raced it for 5 years and proved it, yet even at the FOM 'they' were crying Bandit, (it did beat the Icon at 1020, convincingly every race, nothing to do with the helm or anything) so chances are 'they' will rate it 1030 or 1040, how are you going to feel about if you'd bought it thinking it is what the designer and manufacturer say it is?
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More likely to be able to sue the manufactuer for misrepresentation - saying it's slower (or faster as the case may be) than it actually is.
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iGRF
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Posted: 28 Feb 14 at 11:51am |
Originally posted by Rupert
No, I think GRF is right. It has turned out from the figures the RYA have published this year that my Lightning is in fact approximately 1/2% slower than I thought it was. As I bought it thinking it was one speed, based on what the RYA said, and they have now changed their minds, based on nothing but statistics, I think I am going to sue them for their deception, as I'm obviously going to get less enjoyment from my boat, now I know it is slower.
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Do you want a no win no fee lawyer Rupert, this could be bigger than mis selling ppi..?
Edited by iGRF - 28 Feb 14 at 11:51am
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Noah
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Posted: 28 Feb 14 at 11:56am |
Originally posted by iGRF
... nothing to do with the helm or anything ...
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And right there is the problem. You are still convinced that ANYONE can sail ANY boat to its full potential in any conditions - absolute bollox. Prevailing conditions and crew ability have so much to do with how quickly a given boat will get around a course.
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Nick
D-Zero 316
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Rupert
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Posted: 28 Feb 14 at 11:57am |
Originally posted by iGRF
Originally posted by Rupert
No, I think GRF is right. It has turned out from the figures the RYA have published this year that my Lightning is in fact approximately 1/2% slower than I thought it was. As I bought it thinking it was one speed, based on what the RYA said, and they have now changed their minds, based on nothing but statistics, I think I am going to sue them for their deception, as I'm obviously going to get less enjoyment from my boat, now I know it is slower.
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Do you want a no win no fee lawyer Rupert, this could be bigger than mis selling ppi..?  |
Do you know what - I looked up my PPI a while ago, seeing as everyone on the telly ads was saying I had been mis-sold it... Turns out that I knew what I was buying, signed for it, and it was, just like any other insurance, paid in case something happened. Nothing did happen, I'm glad to say - does that mean the bank should give me my money back? Must talk to my car, house and boat insurers, too.
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Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686
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iGRF
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Posted: 28 Feb 14 at 12:01pm |
Originally posted by Rupert
Do you know what - I looked up my PPI a while ago, seeing as everyone on the telly ads was saying I had been mis-sold it... Turns out that I knew what I was buying, signed for it, and it was, just like any other insurance, paid in case something happened. Nothing did happen, I'm glad to say - does that mean the bank should give me my money back? Must talk to my car, house and boat insurers, too. |
Depends, if the loan or whatever it was you engaged in was conditional upon the ppi I guess. i.e you were coerced into buying it.
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iGRF
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Posted: 28 Feb 14 at 12:04pm |
Originally posted by Noah
Originally posted by iGRF
... nothing to do with the helm or anything ... | And right there is the problem. You are still convinced that ANYONE can sail ANY boat to its full potential in any conditions - absolute bollox. Prevailing conditions and crew ability have so much to do with how quickly a given boat will get around a course. |
No, I'm not, I'm concerned that new comers find it illogical that the alleged speed of the boat they are in seems to change every year. You can only get away with so much with the throwaway line "It's Dinghy Sailors, everyone knows they're idiots'
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yellowwelly
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Posted: 28 Feb 14 at 12:05pm |
Originally posted by Steve411
Originally posted by iGRF
Originally posted by yellowwelly
technically- the manufacturer hasn't set the PN, even if they have recommended something to the customer/public domain.
I don't think there's a legal precedent where through the ethical and empirically accurate course of its activities, a third party, in this case the RYA, can held accountable for the potential loss of revenues of product manufacturer or trading company utilising the third party's IP to assist with sales.
I think the best you can achieve from a hypothetical legal wrangling is finally convince manufacturers to STFU when it comes to announcing a predicted PN. I feel for Mike on this... damned if he does, damned if he doesn't, but legal chatter ain't going to help anyone. |
All the more reason for a fact based system the manufacturer can set, that can only be challenged if the facts are distorted or changed. Then at least there would be an alternative clubs could reach for when they've been screwed by the PYAG and they don't have the political will or weight to set their own guidelines.
There should be a Manufacturers group, that define their own rating, the RYA system could continue as is and tinker about, but it would at least give some stability within which to provide customers with what they might want.
Edit, right here right now, folk may be buying the Aero or Zero on the assumption in the Zero's case it is 1050. Dan's programme says it's 1050, he's raced it for 5 years and proved it, yet even at the FOM 'they' were crying Bandit, (it did beat the Icon at 1020, convincingly every race, nothing to do with the helm or anything) so chances are 'they' will rate it 1030 or 1040, how are you going to feel about if you'd bought it thinking it is what the designer and manufacturer say it is?
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More likely to be able to sue the manufactuer for misrepresentation - saying it's slower (or faster as the case may be) than it actually is. |
I think Graeme is referring to manufacturers suing the RYA... yeah right, no one would have the guts other than Rastegar, irrespective of the lack of legal basis based on my own interpretation.
As a consumer you could possibly complain to Trading Standards if the manufacturer had advertised that a boat met a certain PY number and then it doesn't, but then all that would be likely to happen is British Marine Federation recommendation to word more carefully in the future. I don't thnk it would be significant enough for a Sale of Good Act breach, but might not quite meet an element of good Advertising Standards.
You aren't going to get your money back anymore than you are going to convince the RYA PYAG to ignore the statistics and their solid, empirical process.... forget the legal challenge, there's no basis to it.
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