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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
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Garage carrying out work without authority


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Hi,

wifes car went in for standard service.

booked it in, agreed price, droped it off, no problem.

 

came back to pick it up and they handed me a bill for 4 new tyres!

 

I told them it did not need the new tyres, the old ones where within the legal limit, and even if one or more of them was not ,they had no right to remove them.

 

They claimed they tried to call but couldnt get hold of me ( absolute lie, my phone was on all day)

 

I refused to pay for them and they refused to release the car.

 

After much agro and a physical confrontation, i finally got the car back.

The garage are claiming to be suing me for not paying for the 4 tyres but ive heard nothing in 3 days and I think they are bluffing me.

4 tyres i didnt need or want.

 

Where do i stand?

BTW, i asked them to return the old tyres but they claim they couldnt as they had been disposed off.

 

If they had not given me the keys, where would I have stood?

 

Has anyone else ever fallen for this trick?

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If they had not given me the keys, where would I have stood?

 

The same place as another poster, at the bus stop. Sorry Ian, couldn't resist that.

 

So do I take it that you have got the use of your car ?

 

Did they set any conditions on giving you back the keys?

Have you been properly billed for the tyres?

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they gave me a bill after giving me the keys which i ripped up in their face and walked out.

 

i have had no contact since.

 

can you post a link to the other person who suffered this trick? its disgraceful.

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I pressume you did pay for the work you did ask them to do?

As for the tyres you were right not to pay and I think they realised they were on a sticky wicket and let you take it; I suppose they could of just put the old ones back on again ( in fact surprised they did not do that ).

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yes.

when i dropped of the car i paid for the service.

on my return i expect to pick up the keys, no more.

They also had a look at a few things but as the car was in warranty there was no issue.

 

i guess new tyres/exhaust/brakes are the only thing they can try it on with.

 

Utter ****.

 

i think they didnt want to put the old ones on because it was getting late and I was refusing to leave the show room.

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St.Helens Council have an approved garage scheme,and those whose names are on that list are expected to follow good practice,codes and standards.

If they can be shown not to have been doing this,then they are in breach of CPUT 2008,as they would be also for failing to uphold and codes of practice to other trade organisations they might be subscribed to.

Maybe worth looking at that.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I'd be a bit careful as to how you handle this, 3 days to hear nothing is not a long time these days. The crux will lie in what the signed job card says or what you said when handing over the car and how it could be interpreted.

In any event, as you have not paid for the tyres you don't own them so far from what Ray suggests that some you win, you could potentially end up with an expensive bill. The fact that you "ripped up" the bill "in their face" and subsequent use of calling them "utter ****" suggests to me that you were threatening and in those circumstances I always instructed my staff to just release the car and management will take care of the issue through the proper process and channels.

 

If there was any ambiguity as to the instructions then what should have happened is that you allow them to change the tyres back or even if close to closing time arrange a suitable appointment to have them changed without taking too long. The longer you leave it the more likely they will persuit you and the greater the cost. Afterall you are benefitting from their new parts at the moment which you have no entitlement to.

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well, i didnt 'lose it' until; after an hour of trying to be diplomatic didnt work.

 

I asked them time and time again to go and put the old ones back on and they refused claiming they hasd been taken off site.

 

fortunatly, i have an email i sent them enquiring about how much was it for a service.

i have their reply with the price and my further reply that if they serviced it, if they could also look at some warranty issues (suspension arm).

My email stated at the end 'only the warranty issue and service need addressing'.

 

 

There was no mention of tyres or doing any extra work.

 

In the past, even when I have had company cars the garage has always paid me the courtesy of phoning before carrying out any further works they considered neccessary.

 

they didny make any attempt to contact, my phone recieved no calls at all on the day, so there was no potential for them to find my phone engaged.

 

furthermore, im convinced the tyres where legal - its a 2 and a half year old car which has only done 24,000 miles.

I had them balanced in march and the guy said they where fine.

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I'd have a bit of a problem with being convinced about the tyres being OK at 24K miles in this day and age. Generally now, believe it or not, most are rated to 18,000 only.

 

However in your case I'd be inclined to send the garage a letter stating that you wish to resolve the issue by having your original tyres back or based on pro rata general wear limits you will pay a price less the amount you think reasonable wear based on the same tyre average purchased price from 3 seperate dealers.

Note that if they do not respond within 14 days then you reserve your right to keep the tyres etc. You need the legal bods on here to look at it but I don't see too much difference between asking a company to collect an item from home within a certain time and you keeping them.

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Yes,I agree with the above.

You need to take control of the situation and put something in writing.

Then if they do pursue this further,you will be able to show that you have tried to sort things out.

If it ends up with a small claims action.a Judge would be looking at all the evidence on the table from both sides.

I find it strange that the garage disposed of the old tires so quickly,and that you were not shown them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 5 weeks later...

havent heard of this one but did know about the old oil can and suspension damper trick where by mechanics squirt 3in1 oil so it trickles down the damper and they call you in under the ramps to show you the 'Faulty damper'

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I did have a run in years back when I went to pick up my Isuzu truck at the local dealership and they tried to rip me off for almost £600.00 for a quoted service of £180.00 they said that I owed for a set of wind deflectors 'i'd paid for them 10 months before' and also £300.00 as an extra payment on to top deck to the pick up bed 'also paid for 10 months before' so I said no I will NOT be paying for those items and that if they insisted I pay the revised bill then i will sue them for 4 new doors and a completely new pick up bed due to the holes thet had drilled in it to secure the items listed that were fitted and PAID for some 10 months before:-x I then went on to raise my voice even more to say that the garage relied on the little elderly and or timmid people 'some where waiting to pay their bills' who they rip off at then £52.00 per hour costs and supply sundry items that are endless...well not me MR ...they reverted back to the £180.00 and asked if I would be happier paying that so I said NO i'd much prefer it to be £140 or under 'inc VAT' and that was what they charged me in the end...I think they wanted me to leave ha ha ha...never ever went back I found a great one man band mechanic to do all my work now at £15.00 per hour:-) and above all I trust him:whoo::whoo:

Edited by burlyb
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I wouldn't class £52 per hour as rip off, I would call that a bargain. You have to take into consideration all the other running costs of a business and the wages of those that are not productive.

 

£15 per hour, won't even cover the basic bills of water, electricity, business rates and his own wages, (assuming he owns the building and has no rent or mortgage to pay).

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you dont have mates that charge you less for things ? thats sad...rest assured I DO and maybe it's due to we go back to the early 70's as great mates and there are mates rates if you have good mates and advice from him is always free despite you're inputs and semi put downs you dont know everything

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Excuse me burlyb, I am putting no one down, I am talking from more years of experience than you have been on the planet. Now if you wish to continue along this line, then may I suggest that you open a thread of your own and we don't continue to post off topic on someone elses thread.

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