parking sensors fitted incorrectly

[grahamengineering]

Can you confirm were the parking sensors you got from costco faulty?

[dannysport]

Can you confirm were the parking sensors you got from costco faulty?

 

they have just been installed incorrectly Costco have been very good when I called them to see if they could talk to the company

about fixing the car

Even Costco said they should Replace the bumper on the car

 

 

On 1 Dec 2011, at 12:40, *** ***** wrote:

 

 

 

Hi Danny

 

Please could you send over your vin number for the Vauxhall Zafira so I get order the new bumper part.

 

Thanks

 

Tom

 

*** *** ***** ****

[grahamengineering]

So they are definately working?

[dannysport]

So they are definately working?

well they go off all the time as the fitter put them in the wrong place

so a 2nd fitter first put a 2nd ECU on to see if that was the Fault then Removed the fuse's to stop them going off as they are

placed 2 low on the car

[dannysport]

I have been down the garage today with the car

they have said they could Fill the hole's but the sensors could not get re fitted near the covered up holes

and they have refused to fit them into the bumper if the holes are filled and painted as they do not want to have to fix it if they fall or crack the filler

[dannysport]

the company they have asked to fix the holes have stated once the bumper is filled the sensors from the dealers can not be fitted back into the bumper

as the body shop do not want to work on some bumper a company has done a repair to as it will crack once they start to drill into the filler

the guy they have asked to come out dose not want to drive for 2 hours to do a job that cant be done and has put this in a letter to my self

 

I have sent the manager the link for the parts that are dealer fit on the car

 

the reply I have from them

 

Good afternoon Mr *******

On the 5th Jan 2012 it was agreed that you would confirm via email directly to myself which option would be satisfactory to resolve your concern, as yet no such conformation has been received.

 

HPC have made the following offers to resolve the situation;

HPC will put the vehicle back in to the condition it was prior to the installation of the reversing sensors by way of a specialist repair to which you agreed, the first company, “Chips Away” could not offer the service as a demand for a 1 year warranty was made which they could not offer, subsequently this repair was declined by yourself.

A second company “B***** & ******s” were instructed by HPC to carry out the repair after speaking with yourself explaining that only a 12 month warranty would be offered, you were then contacted to make to repair arrangements for the repair to take place on the 11th January 2012, again you declined the offer stating that the vehicle is used in various European countries including Germany and the vehicle would be subject to extreme weather conditions.

The second offer HPC made was to forward the monetary value of the repair so that you could arrange your own resolution to the matter.

 

VauxhallUK have confirmed that for your particular vehicle and bumper types don’t have a genuine Vauxhall solution. So a like for like swap of the sensors in the same position would be highly unlikely. The solution that Vauxhall have suggested would be to have the bumper removed, the kit then installed on to the main body of the bumper and then refitted. Unfortunately this is a service HPC cannot offer. The only alternative Vauxhall UK could suggest would be to install an aftermarket kit in the current location, however due to the height of this location some customers have experienced false alarms due to picking up the floor, which is exactly the position we find ourselves in. In short unfortunately Vauxhall do not offer a genuine solution for your vehicle.

 

So that the situation can be brought to a swift conclusion HPC can make all the required arrangements to have the smart repair carried out allowing you to make the decision if you want to have kit fitted in the main body of the bumper.

 

Regards

XXX XXXXXXXXX

Operations Director

 

[grahamengineering]

From what I can read of all this I'd accept the smart repair and move on. The company have actually been more than accomodating with you regarding the problem. As you supplied the sensors personally it opens up a can of worms as to their quality and suitability for your car. The fitting company could argue the sensors were faulty and blame the manufacturers. Or they could say you chose sensors that weren't suitable for your car.

 

If you go in with an attitude of 'I want a Vauxhall genuine brand new bumper and have it painted and fitted at the most expensive body shop I can find. I also want to hire a vauxhall zafira for 3 days', all at a cost of eg £1500. The company are likely going to say, OK at that amount we cant afford to not take our chances in court so sue me. At court they will produce all this evidence of a. Its not our fault-its the manufacturers or the customers wrong choice. They will then add as a goodwill gesture we offered a reasonable repair but 'Mr Smith' refused every assistance. The judge will likely say 'hmm, this customer does sound a bit obtuse, as this company has made a fair effort to rectify the situation, let him pay his own repairs andthe companies costs-The courts dont like wasting time on frivilous cases.

 

Basing it on all that I doubt you would win and could find yourself with the companies expenses to pay. Apologies as this isn't what you want to read but it is what I believe will happen if you dont meet the company half way.

[Conniff]

I believe it has been agreed by all that the sensors were fitted in the 'wrong' position and not that they were faulty.

If you are suggesting the company would chance saying not us guv, faulty goods, when there is documental proof they agree incorrect fitting, you are a fool sir.

 

however due to the height of this location some customers have experienced false alarms due to picking up the floor, which is exactly the position we find ourselves in

 

It would seem that a repair is out of the question and the companies are very reluctant to do one anyway because of the risk of the repair breaking away from the bumper or cracking.

The customer has a right to demand a return to 'as was' and the dealer the right to demand 'mitigating losses'. If a used bumper cannot be found to use as a replacement, then the only option would be with new, that way the OP could have the equipment fitted in the correct position at a later date without the fear that it would damage the bumper.

[Conniff]

On the issue of betterment, Lord Hope in Lagden v O’Connor said at para 34:

“It is for the defendant who seeks a deduction from expenditure in mitigation

on the ground of betterment to make out his case for doing so. It is not

enough that an element of betterment can be identified.

It has to be shown that the claimant had a choice, and that he would have been able to mitigate

his loss at less cost. The wrongdoer is not entitled to demand of the injured

party that he incur a loss, bear a burden or make unreasonable sacrifices in

the mitigation of his damages. He is entitled to demand that, where there are

choices to be made, the least expensive route which will achieve mitigation

must be selected…”

[dannysport]

I am now back in the uk

I am now going to get the N1 and start the ball rolling

if they pay out before it goes to court i get the costs back ?

[BankFodder]

Yes you do

[heliosuk]

Er......don't think so. The OP will only get costs if he wins the hearing. He will need to include his costs in his negotiations for settlement prior to hearing.

[dannysport]

I will need some advice on filling out the N1 got the thing on line and printed it out

I Got the managers name and company address off the web site

so i just put them down as the

Defendant ?

 

and

Brief details of claim was what they did to the car

costs will be the cost to replace the bumper and get it put back to how it was pre fitting the sensors ? and the costs of doing the N1

 

[sailor sam]

I will need some advice on filling out the N1 got the thing on line and printed it out

I Got the managers name and company address off the web site

so i just put them down as the

Defendant ?

 

Yes

 

and

Brief details of claim was what they did to the car

costs will be the cost to replace the bumper and get it put back to how it was pre fitting the sensors ? and the costs of doing the N1

 

 

Your POC should be; to supply and fit a replacement bumper to the spec of a pre-attempted fitting of reversing sensors by the respondent. The fiiting of which proved to be not fit for the purpose. During the fitting, the original bumper had to have holes drilled into it to accomodate the sensors so the claim is based on returning the applicant's vehicle to its pre-attempted fitting condition now that the sensors have been removed.

 

You should obtain the costs of the work and claim accordinglly. also don't forget to claim the interest and any 'consiquential losses' such as travel, time off work ect.

[dannysport]

I have all the text's back from my phone network now that they have sent me

printed out nice of the lady at O2 to help me out

I have the N1 printed out

with all the Email's they have sent me and I have sent them

they are going down to The Court

 

Hyde Park Corner Installations Ltd carries out business all over the uk and the person that did the work to my car lives 20 miles away or do I have to go all the way to Cheshire ??

[sailor sam]

Go all the way to Cheshire for what? You issue proceedings on line here https://www.moneyclaim.gov.uk/web/mcol/welcome

 

once the respondent enters a defence, the proceedings will be allocated to your nearest County Court which is where you will submit any documentation.

[BankFodder]

Or if there is isn't sufficient word space in the online form, issue the claim on a paper N1 and go to your local County Court and issue it there

[oddjobbob]

Except that the defendant (if they file a defence) can ask to have it heard at THEIR nearest county court if they choose to, and there's nothing you can do about it.

[BankFodder]

Except that the defendant (if they file a defence) can ask to have it heard at THEIR nearest county court if they choose to, and there's nothing you can do about it.

 

Sorry, this is wrong. Where one party is an individual and the other is a company, the case will always be dealt with at the local court of the individual

[dannysport]

Go all the way to Cheshire for what? You issue proceedings on line here https://www.moneyclaim.gov.uk/web/mcol/welcome

 

once the respondent enters a defence, the proceedings will be allocated to your nearest County Court which is where you will submit any documentation.

Thanks for that

I had printed them all out I did not know I could do it all on Line

[sailor sam]

Well if you have already printed it all off then take it to your local CC as BF suggests. Don't forget to claim the interest!

[dannysport]

I will redo it do claim the intrest on it now

so what date do I claim the intrest from ?

[sailor sam]

From the date the debt originated which would be the date when you discovered that the sensors were 'not fit for the purpose'. You add 8% onto the cost of the claim, divide the total into 365 days (to give you A) then calculate how many days ago since the work was done, (to give you B) then mulitiply A times B which will give you the daily cost which will accumilate untill the date of payment or judgement (which ever is sooner).

[oddjobbob]

@ bankfodder... I stand corrected!

[sailor sam]

From the date the debt originated which would be the date when you discovered that the sensors were 'not fit for the purpose'. You add 8% onto the cost of the claim, divide the total into 365 days (to give you A) then calculate how many days ago since the work was done, (to give you B) then mulitiply A times B which will give you the daily cost which will accumilate untill the date of payment or judgement (which ever is sooner).

 

 

Sorry i've spotted a flaw in my above info.

You need to only calculate the interest NOT the total amount. I.e work out what the interest (@ 8%) is OF the total claim and divide that by 365 then follow the rest of the above.