Arnold clark supplied vehicle with incorrect registration plates allegedly

[EddieMcK]

We bought a fleet of brand new cars in May when Arnold Clark opened up their new garage in Strathaven, Lanarkshire for our driving school. One of these cars went for a driving test the other day and when the Examiner inspected the car, he discovered that the tax disc and the registration plate DID NOT MATCH! The test was cancelled and the car was put off the road by the Driving Standards Agency, leaving a young girl, who was due to sit her test, absolutely distraught. Our initial thought was that they had put the wrong tax disc on the vehicle but after further investigation on our part, we discovered it was the wrong registration plates that Arnold Clark had fitted before delivery. This car has been running about since May on incorrect plates!

 

The car has been off the road now since 8 November as we cannot legally drive it on the public roads, resulting in a vast amount of lost earnings. On Friday, 9 November, I went back to the dealership to ask what they were prepared to do about it. They asked "where's the car?" I told them it was in Gartcosh. Their reply was "Can you bring it over then? We've got new plates made for it" What part of cannot legally drive on public roads do they not understand? I told them it could not be driven and we were also looking for compensation for our loss of earnings and reimbursment of the driving test fee for the pupil who lost her driving test. They flatly refused saying that it was not Arnold Clark policy to reimburse anyone for loss of earnings.

 

It has left me with no alternative than to raise an action at Hamilton Sherrif Court on Monday and sue Arnold Clark for loss of earnings and loss of test fee for the pupil, stress and embarassment to my company and stress and embarrasment suffered by the pupil and the driving instructor concerned, all caused by this oversight by Arnold Clark. Also included in this claim will be the return of several hundred pounds that they charged me for the registration fee and the pre delivery inspection fee (will have definate monetary values by Monday) which is payable by everyone who purchases a new car. Arnold Clark certainly failed to register my vehicle correctly and failed in their pre delivery inspection of my vehicle by failing to notice that the registration plates failed to match the properly issued road fund licence on the car.

 

Dear Mr Arnold Clark, Directors, Managers, Salesmen......this isn't just a case of one man and his car. Over the last 40 years that I have been in business as one of Lanarkshire's biggest driving schools, we have bought several hundred cars from you, not to mention the several thousand pupils who we have introduced to Arnold Clark who have bought cars from you, similar to the one's used by us. My daughter has recently qualified as a driving instructor and will hopefully take over the reigns of my driving school within the next 2 years as I am due to retire. One of the conditions that I will impose is that she never buys another car for the fleet from Arnold Clark and she never recommends Arnold Clark to any of our pupils. I have also advised my current instructors, that under no circumstances have they to mention or recommend Arnold Clark to any more of the pupils. In fact, I've told them to tell everyone not to buy a car from Arnold Clark. I am also now in the process of taking any further bodyshop, mechanical, service, warranty work to some other dealership in my area.

 

This could all have been resolved on Friday for the paltry sum of £418.00 which only included our loss of earnings and the return of the pupils test fee. Now, as it stands, the loss of earnings will accrue on this car for every day it sits idle with it's wrong plates.......could be a really costly mistake Arnold Clark!

Edited November 10, 2012 by EddieMcK

[BRIGADIER2JCS]

Hi Welcome to CAG can you please edit your post putting in paragraphs.

 

The team eill be around to help as soon as available.

[heliosuk]

I've got to ask why it takes a driving school 6 months to realise it's got the wrong plates according to the V5 on it. This does happen frequently on fleet cars especially when they are the same car, same spec and colour which is likely to be the case with a driving school. Further I would expect that this car has been usedhas been used before in drving testsand not picked up. Seems like acase of pot calling kettle black here despite Mr Clarkes doubtfull reputation..

[stu007]

Hi

 

IMO the Driving School has to take some of the responsibility here.

 

Why well whoever accepted delivery of the vehicles and checked that everything was correct before signing to accept delivery is at fault.

 

Also whoever then Inspected those vehicles after delivery at the school before there use by instructors and pupils.

 

Also the Instructors using that vehicle.

 

Now would this also not possibly make the insurance for that vehicle void therefore driving with no insurance (this is only a guess other will know)

[Hammy1962]

Did anyone check the vehicles over when they were delivered?

 

It's always the same story, you deal with a company for years without trouble. Several hundred cars in fact. Then you have a problem, a pretty serious one granted that no-one else noticed, and because they won't roll over and give you what you want you propose a wholly disproportionate remedy. No more cars, recommendations, family referrals, the return of the registration fee, the return of the PDI fee..................OMG

 

The imposition of restricted trading on your daughter taking the reins of the company so she cannot source from nor recommend AC....................Way over the top. How would your Daughter feel about this 'Imposition' on what would be her business.

 

Can you really control what your current instructors recommend or say................... This is Scotland, not North Korea.

 

I'd hate to see your reaction if something major were to go wrong.

 

Blimey

 

H

Edited November 12, 2012 by Hammy1962

[popeyethesailortam]

OP mistakes can happen and I think you have got this entirely out of proportion. If you did take this to court trying to claim losses I believe you will lose. The law expects you to take reasonable steps to reduce any losses you might incurr. I'm sure you could of got a set of plates made up locally to get the vehicle through the test.

 

The poor pupil who missed her test because of it. Again the court would think you should of had adequate provision to provide a different car if the one she was to use failed its MOT. It may of failed on something entirely different eg ball joint, what would you do then?

 

As for enforcing your staff to tell pupils not to buy from a certain dealer. Like hammy I think that is way over the top and may even leave yourself open to legal challenges from Arnold Clark.

[scaniaman]

OK, so maybe it's a bit ott,but replies are by people who obviously have never had a run in with ac! and have experienced the nonchalant way they deal with complaints----especially from a long standing customer.

I think Eddie has every right to instruct his employees not to advise pupils to buy from clark as this may have implications from other car dealers, apart from his own agenda.

 

 

 

 

Arnold Shark--Never Again.

[Hammy1962]

But you need to be objective.

 

It is unlikely they did it deliberately.

 

This is business, some people make it personal.

 

It is just not on to go around bad mouthing people and companies with little reason. YOU might think you have good reason, given your history and AC. But in this OP's case, as far as we know, this is his first incident and, in this case, his reaction is unnecessary and unpleasant.

 

H

Edited November 12, 2012 by Hammy1962

[scaniaman]

Yes, it is unlikely that they did this deliberately but it is yet another example of the slack arsed way they treat complaints from customers. Again , clark's don't give a monkeys after they get your money/ order. The fact that a mistake was made is largely irrelevant, it's how you deal with it that counts.

However, all this is purely academic. clark will continue to grow as long as they can depend on the gullability of the car buying public----and its mind blowing when you see just how gullable some people are, and i don't mean only numpties.

[Hammy1962]

Like I said above, when it becomes personal, the battle is all but lost.

 

H