NSL/Marston lifted/towed my van re;DVLA no tax fine but now found they damaged

[eshroom]

The summary is that I collected my van after it was towed, drove it 20 metres and saw a panel come loose, I went inside to report it and immediately emailed them, they have since refused the claim as I had already collected the vehicle.

 

The story:

 

- Van towed

- Van collected, signed out 12:00

- Van appeared visually to have no new damage, was not allowed to drive it until paperwork signed

- Upon driving it a plastic exterior panel came loose (this appears to be from when it was craned onto of truck)

- I stopped the vehicle 12:03 and walked into their office to report damage

- I emailed photos to head office 12:08

- NSL initially claimed they examined photos and damage was pre-existing

- I requested CCTV footage of my visit under Data Protection Act. I provided them a copy of my ID, photo, description of clothing as well as letting them know I was the only member of public/customer on-site for the duration of my visit

- CCTV footage denied on basis I "was not recognisable" after they reviewed footage

- Initially refused to provide any photos of vehicle

- Finally produced 0.3 megapixel images, much too low resolution to see anything, but certainly confirming their claim the damage was pre-existing is false

- Refuse to provide original full resolution images despite multiple requests

- Latest excuse I was gone 15 minutes and could have caused the damage during this time. Clearly a false assertion given I emailed them within 8 minutes and was in their office within 3 minutes of leaving.

- I feel by refusing to provide CCTV footage and full resolution photos they are obstructing my ability to prove they caused the damage

 

The damaged panel tore off at 30mph while trying to go to have it looked at, luckily no other vehicle was damaged, in hindsight I should have driven with the panel being damaged. But this proves the damage is very unlikely to have been pre-existing as the van couldn't be driven.

 

So I intend to pursue through the small claims court. My questions are:

 

- I can't afford to fix the van right now and as it is cosmetic, I can still use it without fixing the panel. Can I get a quote from Renault and claim on MCOL for the value of the repair?

- Although I was gone only 3 minutes and drove 50 metres from NSL yard directly to NSL office, I did still take the vehicle before reporting the damage, this was due to the panel being pushed into place (but not secured) and therefore not visible until the vehicle was moved. Will this work against me when making a claim?

- Does their repeated lying (first claiming it was pre-existing, then falsely claiming I was gone 15 minutes and could have caused the damage then) work against them?

- Does withholding CCTV where I was the only non-high vis person on-site on the basis I was not "identifiable" work against them (clearly I was identifiable, I was the guy without high vis on)

- Does failure to produce any original images, just very compressed images of the van before and after towing, work against them?

 

How strong a case do people think I may have?

 

I have exhausted their complaints process.

 

Thanks in advance for any thoughts on this.

[dx100uk]

who are nsl?

what are they doing lifting your vehicle in the 1st place?

 

dx

[eshroom]

NSL are contracted by the DVLA to tow vehicles that have unpaid tax. My van was sitting a while and I was travelling, and I forgot to tax it.

 

I subsequently taxed it, paid my DVLA fine, held my hands up and took responsibility. But am now trying to get NSL to pay for the damage they caused.

[dx100uk]

I wonder what the DVLA's responsibility/involvement is within this

as NSL were operating for their client the DVLA

[eshroom]

My fine was paid directly to the DVLA, my towing and storage fee was paid directly to NSL, I therefore assume that any implied contract regarding the wellbeing of the vehicle would be with NSL.

[dx100uk]

a client is equally responsible for the actions of their dogs.

 

 

[eshroom]

Apart from maybe going after DVLA instead/as well, does anyone have any insight on any of the points I raised? Especially this one:

 

- I can't afford to fix the van right now and as it is cosmetic, I can still use it without fixing the panel. Can I get a quote from Renault and claim on MCOL for the value of the repair?

[Bailiff Advice]

Before considering a claim, you would need to obtain a quote for any damage.