Action against V8 Supercars Aus

[Steve]

G'dday all,
A group of us (from NSW and Vic) are looking at taking V8 Supercars Australia to "Consumer, Trading & Tenancy Tribunal NSW" and I need some help and/or advice.
The issue relates to reserved stand seating on pit straight at Bathurst where there was no view of the big screens. The complaint is that we paid for the seats and to be able to see the screens yet our view of both the screens and the timing tower were totally obstructed by sponsor flags. We've spoken to V8SA and they're basically telling us to get *******.
If anyone's got any advice on how to handle this or if anyone else was affected and wants to join the action plese let me know.

Thanks.

[MarkAW]

Firstly do you have evidence that what you believe to be the case is what was offered by the promoters or retailers of the tickets?

Did the sales brochure state that you would have an uninterrupted view of the big screen and the track/timing tower?

Remember - caveat emptor - Let the buyer beware

[MITCHAY]

Originally Posted by MarkAW

Firstly do you have evidence that what you believe to be the case is what was offered by the promoters or retailers of the tickets?

Did the sales brochure state that you would have an uninterrupted view of the big screen and the track/timing tower?

Remember - caveat emptor - Let the buyer beware

It would be reasonable to assume if you have pit straight seats that a uninteruppted view of big screen and track/timing tower would be standard. Aren't these premium seats?

I have to say good luck to you though I doubt it will go anywhere.

[xe351]

do it, the money probably comes from walkinshaw anyways

[Sledgehammer]

Originally Posted by MITCHAY

It would be reasonable to assume if you have pit straight seats that a uninteruppted view of big screen and track/timing tower would be standard. Aren't these premium seats?

I have to say good luck to you though I doubt it will go anywhere.

Dont assume anything.

[AC]

Originally Posted by Sledgehammer

Dont assume anything.

Too True..... Assumption is the mother of all F Up's is it not. :

[4.9 EF Futura]

Originally Posted by MITCHAY

It would be reasonable to assume if you have pit straight seats that a uninteruppted view of big screen and track/timing tower would be standard. Aren't these premium seats?

As soon as the concept of assumption comes into it... it becomes a battle of $$$... company will bleed you dry with that element of ambiguity... lawyers love subjective arguments around assumption

If it's clear cut "false advertising", sec 52 of the Trade Practices Act kind of thing then its difficult for a large organisation to wipe out a group of individuals.

Certainly no legal advice to offer Seve... but just for my own interest... what representations were made to you regarding the tickets?

[MarkAW]

Originally Posted by MITCHAY

It would be reasonable to assume if you have pit straight seats that a uninteruppted view of big screen and track/timing tower would be standard. Aren't these premium seats?

Presumptions are what litigations die on.

You either have evidence as I have previously indicated or don't waste your money with the solicitor. Having said this if your view of the track and by implication the event ie the cars speeding past, was totally obscured by the sponsorship regalia then you may have a case to fight as the tickets would imply a view of the "race". This is delving into the grey area of the Trade Practices Act under goods being fit of purpose and description of goods.

[fmc351]

You dont need hard evidence as in writing or a guarantee, courts are well aware this is not always possible, its a civil matter, not criminal. If the seats you purchase cost more than ordinary seats, one would expect something 'extra' to come with them. The question will be, what is that 'extra'? So what sets these seats apart from other seats? Solicitors and courts arent stupid, they will glean much from the facts. Courts dont let matters descend into he said, they said, but are more than willing to reason by implication, in fact its what they often do. When hard evidence is available, the matter rarely reaches court, a decent solicitor should advise you to settle the matter or drop it.

I have no idea if you have a case, but if the screen and lap time tower are part of the package you paid for, they should be visible.

[DOC]

"An opinion is like an ***hole - everybody has one." - Harry Callahan

Steve i read your sig. For what it's worth just change seats next year, it has taken 5 or so years of seat juggling at the clipsal to get front row gold on gillette corner, the crowd still all gather on the walkway in front of us ( to see the big bangs into the wall on that corner ), and we cant see as well, so we just cheer or boo and carry on with the rest of them till the next bingle.

It's a bit like being right up the back of a major rock concert, you dont see everything but you were there.

Other than that channel 10 do a good tv coverage.

Just my 2cents

[XRQTOR]

Originally Posted by DOC

Steve i read your sig. For what it's worth just change seats next year, it has taken 5 or so years of seat juggling at the clipsal to get front row gold on gillette corner, the crowd still all gather on the walkway in front of us ( to see the big bangs into the wall on that corner ), and we cant see as well, so we just cheer or boo and carry on with the rest of them till the next bingle.

It's a bit like being right up the back of a major rock concert, you dont see everything but you were there.

Other than that channel 10 do a good tv coverage.

Just my 2cents

Yea a bit unaustralian i think, whats the world coming to when something offends you or isn't 1oo% perfect then you just go sue people................

[rodderz]

I can think of 100 better reasons to sue, sure you paid for good seats but to sue because you cant see the bloody screen?!!

Either you should of checked for screen positions beforehand or once there taken it up with nearby officials/grandstand employees etc

[Steve]

None of us are litigation mad but we spoke up from the moment we got there only to be fobbed off by officials and told to keep coming back. At one point we were told that someone was on their way to see us only to find that three hours later we'd been ignored. We're not sueing for any real money, just a bit of a refund or even just to get up their noses for the way we were treated. Unaustralian? Maybe.
Perhaps next time I'll just rip the bloody thing down myself and be done with it.

[all4ford]

I think its a "reasonable" assumption to expect that you can see the big screens from your paid for seats. Although with that said, I am not familiar with the Bathurst spectator's facilities, nor with the cost of such seats versus other available seats.

However, if you do want to try and take this further, I would suggest to you the use of other avenues rather than going to court, as many others have stated, its a battle of the $$$ when it comes to courts.

So my suggestion is to contact a consumer group or current affair type program and voice a loud oppinion. V8 supercars would much rather bad publicity be kept quiet than to have people in any main stream media stating they were ripped off by the promoters of Australia's biggest motorsport event.

I personally would not be bothered with any such action, but if you really want to take this further, I think that is your best bet. I mean, if gamblers can blame the clubs and fat people can blame maccas, this should be a pushover. :

[majin_andrew]

I can't give you any advice, but I hope you get something out of them, you were ripped off IMO.

[GTpilot]

Originally Posted by Steve

Perhaps next time I'll just rip the bloody thing down myself and be done with it.

Now you're talking, Thats the aussie sprit :jab: !!!!

[XRQTOR]

Originally Posted by jgb

Now you're talking, Thats the aussie sprit :jab: !!!!

Nothing a few can's wouldn't help start :sm_headba .

[XRQTR]

Originally Posted by MarkAW

Did the sales brochure state that you would have an uninterrupted view of the big screen and the track/timing tower?

Remember - caveat emptor - Let the buyer beware

Or did it simply state that you would have one of the best seats at the event, right on the start/finish straight.

No point really, the only argument you might have would be the fact that the issue was raised with event staff and 'possibly' organizers but nothing was done about it even though they had assured you they would resolve the issue. If you are only after a refund or tickets to the next event this might be your best option, but even then it's won't be easy.

[Kyl3]

How much was your individual ticket?

[[Tonko]]

if you lose, you'll have to pay court costs wont you?
when thats compared to the ticket price, is it worth the risk?

[XR Martin]

Civil small claims court costs are only $50-100.

[turboute]

start a riot next year... probably the only way the message will get through.

[GasoLane]

I'd start at the Office of Fair Trading. They might tell you if its worth pursuing.

[S3SR]

Originally Posted by GasOLane

I'd start at the Office of Fair Trading. They might tell you if its worth pursuing.

yeah free advice and its usually the best start too

just save up for corporate box ticks lol, or as someone has said you just have to juggle around until you find the best spot.... or bring your own flag so no one else can see and everyone is happy...not really :P

[Falchoon]

If you want to watch the race on a TV screen you should of stayed at home and saved yourself a sh!tload of money. :

[Steve]

None of this would've started if not for the way we were jerked around. If they couldn't do it then they should've just said so at the time.
The guys in NSW have contacted Consumer Affairs to come to a resolution but to no avail. The next step is to go the NSW equivalent of VCAT (Consumer, Trading & Tenancy Tribunal NSW). It wouldn't be a full blown court case with solicitors etc. I think it'd cost around $30 odd dollars to have it heard.
Personally I'm not fussed either way but I'm not the only one involved in this. One guy wanted to go to a certain channel 9 tv show that I won't even dignify by naming. He was quickly talked out of it thankfully. Either way I enjoyed the race and loved the result. It's just sh*tty attitude of the organisers that p*ssed me off. It's clearly obvious that the whole V8 supercar scam has gone away from being a race for the people to being a circus organised for the benefit of sponsors and to be marketable to a TV audience. Phillip Island was a perfect example of this.

[RS027]

This is why my tickets cost sooo much these days. People sueing others over F***all.

[fmc351]

Originally Posted by RS027

This is why my tickets cost sooo much these days. People sueing others over F***all.

Yeah, its got nothing to do with other costs and over paid, under-performing management. Its the thousands of lawsuits launched daily : .

Its nice to know there are still people around who I can rort and theyre too damn lazy to help themselves. Any excuse will do to do nothing.

Now Im off to buy a 1/2 inch RS027

[RS027]

Sorry you lost me. I was busy reading on Google about how a man sues Over Deleted World of Warcraft Character, and another over a bad Horoscope... God bless America...oh I mean Australia.

[Steve]

Hang on, no one is asking for compensation above the cost of a ticket.