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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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terrible service from garage.


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hi guys. i have a ford transit 2008. and there is a garage at the bottom of my road, so quite convenient - or so i thought. The amount of times its been in and out of there, and came back not even having had anything done or even checked because he couldnt find the part, the part didn't fit,  they didn't have time, have to bring it back next week, my engineers not in today,  ive put a dye in your engine to find out where the leak is coming from. non stop nonsense. (There was no dye put into my engine by the way.) this is such a long post, it may be better if i just copy and paste here the most recent email id sent the manager of the garage, as id just had enough.

 

Quote

John

At the end of last year i asked you to look at my van as i was having problems with it. you had it once or twice at massive inconvenience to me yet could not find the problem. You even told me you’d put dye in the engine to see where the oil leak was coming from. There was no dye.  You told me to take it to ford to have the problems diagnosed as you could not find it/them.

Ford informed me that the turbo was no longer any good, and  list of other items. How you could miss a blown turbo even though you’d told me you’d examined the vehicle i don’t know. But never mind, i still asked you to do the work as i trusted you and you were my local garage. 

I went on holiday and left my van with you, and when i retuned 2 weeks later you still hadn’t even finished  the job. When you had finished the job i paid you around £2000 without question. You said the work was complete. The minute i drove it away it was emitting a high pitched squealing. I also noticed that there was a heavy oil leak and pipes in the engine were fully covered in oil and also soot. I called you to complain, and you told me to bring it back in to check it over even though you’d had it for around 2 weeks. It was of massive inconvenience to me as i was back at work and needed my van, I left it with you yet again and you told me that there was a couple of bolts loose and you’d tightened them.

The minute i drove away from the garage it was squealing again. I called you straightaway to complain and you told me to come and get one of them staff namely the guy who had installed the turbo, so he can hear what was going on. I came straight to you and you was very short tempered with me about me taking the member of staff out even though you’d asked me to come and get someone. You have terrible manners and considering id just paid you approx £2000, your customer service is terrible.

So i went out on the drive with your mechanic who you told me had been a mechanic for 30 years and you trust with your life or something similar, we drove down 3 mile hill and yes the squealing was not as maddeningly apparent as it usually was, but it was clearly apparent. Your mechanic told me he couldnt hear anything. He sat next to me in my van, while this noise was occurring, looked at me in my face, and told me he could not hear anything.

So we got back to your garage and he left. I asked you what the verdict was and you told me i was nothing mechanical. Its not a mechanical noise.
Its nothing to do with you and not your problem.

Those were your exact words.

Id also emailed you since, saying “what’s happening, i haven’t heard from you” regarding my complaint about the problems i was experiencing with my van after you’d done work on it, and you completely ignored me.

As i work from my van i was bit stuck for time, i couldnt afford to leave it elsewhere again so i just tolerated the loss of power, shuddering, oil leakage on the drives of people i work on, and constant high pitched screaming which was driving me insane, as i thought maybe it wasn’t anything to do with you. Maybe i was just imagining it. And anyway, even if i wanted to pursue it, you weren’t about to help me anyway, you’ve taken my money, and chosen to ignore me.

Suddenly the noise stopped. And i forgot about it for a while. and i just let the problem with you go, as you are a pain to deal with. And then it started again. Quietly at first. But it has built up and built up and now its screaming again.  Bearing in mind this has been going on since january john. Loss of power. high pitched screaming. Just like the day i drove it out of your garage after paying you £2000.


As i will never use your garage again, i have been elsewhere, and just as i thought, the turbo was poorly fitted, wrong nuts that look like you found at the back of your shed, the gasket is burnt to pieces, i have kept both of these items as proof.

Its been taken out and re fitted properly, and guess what, van goes like a dream with no screaming. So its up to you, im not in the slightest bit interested in having a battle with you, ill send you a copy of the invoice and you can just pay it or i will be taking you to court.


Thanks

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The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it.

So I gather that you took your van to a garage and they apparently did a repair and charge you £2000 which you paid.

Since then you have found that the van has not been properly repaired – and that you have very recently had the repair properly carried out at your expense.

You now want to recover the £2000 which you paid for the defective repair – but you have left it for at least nine months. Is this correct?

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Good morning bank fodder. Thank you for your reply, like I said I work from my van so it's most inconvenient for me to keep leaving it with the garage. The day I drove away from the garage, I phoned him immediately to ask what the screaming was. It was in and out about 5 times, each time they said it was nothing to do with them. I went to Kwik fit. Couldn't help. I just thought as the van was old it may be a different problem. But the high constant high pitched screaming drove me nearly inaane.

 

So I took it elsewhere, and he told me it had been incorrectly fitted and showed me the burnt gasket. And the wrong screws.

 

It's been a long while of being palmed off, waiting for a response, being busy at work.

 

The turbo has been re fitted correctly and I paid approx £180 for this which I asked roadstar (the original garage) to pay me. I said I'm not interested in a battle.

 

This was over a month ago.

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So you are saying that you want to recover £180 which was the cost of addressing the defective repair so that it now works satisfactorily

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Well if you can get some independent assessment of the standard work which was carried out in fitting the turbo nine months ago, and the fact that it took £180 to correct the problems then I don't see any difficulty with bringing a court action and winning.

Many garages are very slippery and make enforcement difficult – but for £180 it would be extraordinary if they even went to the effort of trying to challenge you.

So do you have the evidence necessary to convince a judge? If you do then I suggest that you start looking on this forum about how to bring a small claim in the County Court. It's very straightforward but it is worth knowing the steps in advance.

Once you have decided that you know what the steps are and you are happy to go ahead then we will help you. You would begin by sending a letter of claim giving 14 days for your money after which you issue the claim. Don't bluff. It's not worth it. Be as good as your word.

Don't forget though that this garage is apparently at the end of your road so they are inconveniently near to you if anybody wanted to do some mischief when you weren't looking.

If you bring a County Court action then your chances of success are better than 95%. It's most likely that they would put their hands up once they realise that you are serious – which would mean that you would puppy have to issue the court papers.

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hey bankfodder.

 

just looking through the original invoice for the work i had done at roadstar for renewing the turbo. They charged me £480 for this.

 

Should i be aiming to recoup the £480, or the £180 it cost me to have it repaired?

 

 

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I'm thinking about some different aspects of your situation.

Firstly, I imagine that £2000 you paid was not the figure which was agreed in advance. Presumably you went to collect the van and they told you that the bill was £2000. Is that right?

What work did they actually carry out? Have you got a detailed list of the labour involved and the parts which were replaced?

 

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well, they were actually pretty uselss. i left it with them, they didnt have time to find the problem. they couldnt find the problem. they couldnt do this or that. there always seemed to be something,  at great inconvenience to my self as i work from my van. I persisted. Eventually he told me i should take it to ford as they could not find the problem.

 

ford gave me a list of problems. one of which, was the turbo had blown. how could you spend so much tiem apparently looking for a problem yet miss something so obvious.

 

i took it back to him, and no, we didnt agree a price. I actually went away at the end of the year, and left him my key. when i got back in january they still hadnt finished it!!

 

i do have an invoice from them, yes. I did ask him what took so long, i gave you plenty of time and a date by which  i need it back, yet it dragged on and on. he did have a pop at me, nearly shouting at me as he asked me if ive ever changed a turbo, and 18 hours it took them to get it off, even though it states 5 hours labour on the invoice.

 

Maybe i was a bit naive, i wanted to believe that the problems with my van could be resolved, bu t looking back now its been nothing but a joke. They need to be brought to task.

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When you collected the vehicle from the garage, had they improved in any way? In other words, did you get anything for your £2000?

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its hard for me to answer that question. according to the invoice they'd done some work. but it was screeching from day one. and also vibrating. and they absolutely did not help me.

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Well I think that we need to know the answer to this question because I'm trying to figure out whether it might be worth your while suing for the entire £2000 she paid him – if he did work which then subsequently came to nought.

On the other hand, if for instance he supplied some parts which were then used in the final repair then the value of those should be deducted from what you're claiming. I'm trying to calculate the value of the claim you might make

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  • 2 weeks later...

hello. my van has been in to a garage recently and nothing else related to what they'd done has been a problem. So its basically just the work for the turbo.

 

should i send a template 14 day warning letter?

 

thank you

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Can you remind me. Did the garage supply you with a new turbo for your £2,000? If it did, then you will need to consider what the normal value would be of a new turbo and that at least would have to be deducted from the amount you are claiming.

It seems to me that if it was fitted incorrectly then you would be able to claim back all of the money which was paid in respect the fitting but not in respect of a new turbo if they supplied that

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They did supply a new turbo yes. Im happy to just get the fitting money back. Although I had to deal with high pitched screaming for weeks I'm sure that could do with some recompense!!

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You won't get any compensation for the the screeching. 

 

you will have to find out what the reasonable cost of fitting a turbo would be and then that will probably be the value of your claim. Does that take care of all your losses?

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Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've gotta consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo.

If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance.

This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship.

Let us know

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Sorry I don't altogether understand. Are you saying that you should claim for the cost of the turbo and the Labour for fitting?

 

Also I have to say that I think you're taking a rather leisurely view of all of this. You don't really engage with this thread very well. We react very quickly and it's all in your interests to get it sorted out. It's very demotivating to find somebody who simply pops in now and then. I'm sure that you have your work commitments et cetera – but at the end of the day, there is some serious money at stake here if you are sufficiently interested

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Hi bankfodder 

 

I complete understand how I may be coming across but please don't misunderstand me, I didnt want to keep pestering you even though I now realise you're quite happy to help. 

 

I do want to get going right away but its new to me and I don't want to put a foot wrong.  Also having problems with teletext holidays and it's quite stressful. 

 

I am so grateful for your patience, without you I wouldn't be able to do anything. So, I have found a Template for a 14 day warning, letter before action. Shall I tweak it and show you first ?

 

Thank you

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In terms of being a nuisance – it's never a problem if people meet us halfway in terms of enthusiasm and response times. Where we have to keep on chasing people – or else they are so slow about coming back that we then have to go back to the beginning of the thread to refresh our memories about the story, then that becomes time-consuming and an unnecessary nuisance.

I'm still trying to understand what you think you're going to claim for – but yes I suggest that you post up a draft letter before action here before you send it.

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I'm more than enthusiastic. I'm also really angry with the garage. Just a bit hesitant as I've not done a claim before and it's something "I'll do tomorrow" as I actually have to think about what.im doing for once 😄

 

I'd be happy with just the money back for the repair, but did you say that I should also claim for the labour from the first garage?

 

Labour time from initial turbo fitting 

Repair from new garage 

 

Thanks

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As far as I understand it, your turbo failed and had to be replaced. That means that you have to pay for the turbo unit and also you have to pay for the costs of installing it.

I understand that the first garage supplied you the turbo and therefore the cost of that is legitimate and cannot be claimed back.

I understand that the turbo was installed incorrectly so that eventually the work had to be redone by a second garage and that you paid the installation fee to the second garage.

In essence that means that you have paid the installation fee twice. Once to the first garage who did the job so badly that you then had to pay the fee again to the second garage who did the job correctly.

This means that the payment to the first garage – is recoverable. The payment to the second garage, is not recoverable because the turbo failed and it had to be replaced.

You say that you paid the first garage £2000. Find out the cost of the turbo – and deduct that from the £2000.

So, if the turbo cost £200 – deducting that from the £2000 means that they have charge you £1800 for Labour. That means that you can recover the £1800 because it was wasted as they didn't do the job correctly and the job had to be done again.

Is that clear and is it correct?

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It's clear, but it's. Not correct. The 2000 was for other work also  I do understand what you're saying but it may be easier for me to show you a copy of the invoice then we can be completely correct.

 

I will send a copy this evening after work if you don't mind.

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