What Can I Do ?

[tam9933]

four wheels and some metal , give it a rest

[tam9933]

you would have to prove when the damage took place , ie a witness

[petej2811]

actually if you carefully read my posts you will notice i am actually neither one way or the other and i give may opinions on both sides of the fence unless i know specifically about a particular detail !

 

[edited: no need to get personal]

 

What you say is just wrong. Plain and simple. This is not the first thread that you've stained with your misconceptions and idiocy and it furthers the maxim that a little information is dangerous.

 

If the car is in the care of the garage then they are responsible for the safekeeping of said car.

 

If damage occurs as a result of negligence then the person holding that duty of care shall be liable.

 

Ispo facto, if the garage ding the car in the shop they are liable because they are under a duty to ensure this does not happen.

 

If they are stupid enough to park it on the street then they are liable because they are under a duty to take proper care of the vehicle and leaving it off the premises in such a position as would leave it to be subjected to such harm is not executing such duty as they hold.

 

Disclaimers of tortious liability mean as much to the concept of legal proceedings as your arguments do to good sense. The board could have been absolutely HUGE in the garage lobby. It could have been fifty feet tall, constructed of solid marble and adorned with neon lights framing the letters and it could have read 'WE ARE NOT LIABLE FOR DAMAGE HOWSOEVER CAUSED' and you know what? It just wouldn't matter. The Unfair Contract Terms Act 1977 pretty much scuppered the effectiveness of this kind of exclusion clause.

 

As such my advice is this - advise the garage that they will repair the damage or you will take legal action against them. Provide them with a notice in writing and headline in in big red letters NOTICE PURSUANT TO ACTION IN THE COUNTY COURT. The garage will claim from their insurance, you will get your car repaired. The troll will hopefully get lost and all will be well with the world once more.

 

Happy happy, joy joy anyone?!

[tam9933]

ok petej2811 wrong point taken , so you bash your car on the gate post coming out your drive , on the morning of your anual service , so lets just park the car anyway we can return later and blame the garage , good idea

[gbjadyy]

well said above, it happens all too often!!! easy to to pass the buck with the blame so dont you think its wise for a grage to excercise caution when dealing with such matters???, othwise we can all go and get free repairs, and by the way, i am on noody's side here, just that sometimes i think we should look at the bigger picture and see things from the other side of the fence aswell, instead of always the same old thing (blame someone else because its never my own fault) somehow i feel those words are not always true!!!!!!!

[patdavies]

ok petej2811 wrong point taken , so you bash your car on the gate post coming out your drive , on the morning of your anual service , so lets just park the car anyway we can return later and blame the garage , good idea

 

Surely the garage should protect themselves by coming out of their nice warm office to check the car for damage when it is delivered by the customer?

 

If they don't, then they are leaving themselves open to just the sort of fraudulent claim that you outline above

[gbjadyy]

come wind rain, sleet or snow????

lets be at least relalistic, you can check every car if you want but people are human and they may well overlook something, evn if its a very small scratch, then what happens??

if the owner is the sort to try and get free reppairs he will certainly point out the bit thats missed and demand it to be repaired!!!

also rain, snow sleet or simply an unwashed car can lead them to miss something so are you saying they should now wash the car before allowing the owner to leave it just so they can get a good look???

or should garages adopt the principle that they will not accept a booking unless a customers car is spotlessly clean before entering there premises just so the garage can carry out a full check????

 

try and be a little realistic here !!!!!!!!

[petej2811]

ok petej2811 wrong point taken , so you bash your car on the gate post coming out your drive , on the morning of your anual service , so lets just park the car anyway we can return later and blame the garage , good idea

 

That's not what I said. Where did you even get that from? It doesn't make sense.

[petej2811]

come wind rain, sleet or snow????

lets be at least relalistic, you can check every car if you want but people are human and they may well overlook something, evn if its a very small scratch, then what happens??

if the owner is the sort to try and get free reppairs he will certainly point out the bit thats missed and demand it to be repaired!!!

also rain, snow sleet or simply an unwashed car can lead them to miss something so are you saying they should now wash the car before allowing the owner to leave it just so they can get a good look???

or should garages adopt the principle that they will not accept a booking unless a customers car is spotlessly clean before entering there premises just so the garage can carry out a full check????

 

try and be a little realistic here !!!!!!!!

 

I'm saying that garages should not damage customers' cars and cuff the responsibility.

[gbjadyy]

tam9933 MAKES PERFECT SENSE FOR WHAT HAPPENS TO THE GARAGE TRADE

 

IT MAY NOT BE TRUE WITH EVERY CUSTOMER BUT ITS CERTAINLY ON THE INCREASE, WHY DO YOU THINK I SAY GARAGES NOW EXCERCISE MORE CAUTION WHEN DEALING WITH SUCH MATTERS.

i DONT BELIEVE ANY REPUTABLE GARAGE WILL DENY REPAIRING SOMETHING THEY DAMAGE IF THEY HAVE ACTUALLY CAUSED IT

BUT LIKE I SAID CAUTION MUST BE EXERCISED BECAUSE THERE ARE JUST TOO MANY PEOPLE OUT THERE THESE DAYS TRYING IT ON FOR FREE REPAIRS, I HAVE HAD IT MYSELF A FEW TIMES, FORTUNATELY FOR ME I HAVE CCTV IN PLACE SO CAN PROVE MYSELF, I EVEN HAD ONE CUSTOMER PURPOSELY SCRATCH HIS OWN CAR ON THE BUMPER IN FRONT OF THE CAMERA (UNKNOWN TO HIM) THEN COME AND TRY TO BLAME US!!!

SO IF THE GARAGE DOES CAUSE DAMAGE THEN FAIR ENOUGH BUT WHY THE HELL SHOULD GARAGES PAY OUT FOR SOME [causing problems] PERSON TRYING TO GET SOME NICE NEW PAINT ON THERE CAR JUST BECAUSE ITS LOOKING SHABBY, AND WHAT IF I DID NOT HAVE CCTV TO PROVE MYSELF INNOCENT TO THIS TOERAG, I SUPOSE YOU WOULD THEN BE SAYING IT WAS IN MY CARE AND MY PROBLEM TO PUT IT RIGHT JUST BECAUSE I DID NOT HAVE EVIDENCE TO PROVE HE DID IT HIMSELF

SINCE INSTALLING CCTV AROUND 4YRS AGO SIMILAR THINGS HAPPENING HAVE BEEN CUAGHT ON TAPE 4 TIMES NOW, SO IF I DID NOT HAVE CCTV THEN I WOULD HAVE BECOME SUBJECT TO COSTLY REPAIRS 4 TIMES OVER FOR SOMETHING I HAVE NOT DONE.

PETE DO YOU THINK THAT US IN THE TRADE HAVE NO RIGHTS WHATSOEVER???????? AND SHOULD JUST PAY OUT EVERYTIME WITHOUT ARGUMENT TO EVERY ****** THAT IS OUT TO LINE THERE OWN POCKETS OR AFTER FREE WORK.

 

TAKE A LOOK AT THE BIGGER PICTURE INSTEAD OF HAVING A ONE SIDED VIEW!!!!!!!!!!!!!!!