free motor related advice

[jonny jeez]

If any legal minds on cc can advise, id be grateful.

I just returned from an overseas trip. When my car was delivered to me by the valet parking firm I noticed some pronounced damage to the near side.

I reported this with photo evidence.

The firm have replied with shots showing the damage and a photo of a form showing a diagram of the car with biro highlighting scratches and dents.

On the form they state that the dent was marked. And in their photos they show the dent.

Thing is, the photos that they took when I left the car were all taken at 3.45 am, in the dark...the photos they attached as "evidence of pre existing damage" were taken in broad daylight...at least 4 hours later.

In addition, I have never seen, nor authorised the form that they have produced...again as evidence.

Its clear to me that they have dented the car, taken a photo and either filled out or doctored a form to support their refusal of liability.

Just for the record, the dent was not there before I left the car with them and they are embedded with bright yellow paint which can be rubbed off...and hasn't been...its fresh.

Can anyone advice my next best step, I am reluctant to inform my insurance company yet as they will likely put up my premiums regardless of whether I settle this or not. Should I seek some no win no fee legal support?

Any advice is welcome

Thanks.

 

[screenman]

If it is a national or multinational take it further up the chain, do not deal with the locals, you seem to have proof that you left the car in the dark so could not have been there when the pictures were taken. They it seems may be trying it on.

I am with you on not going to your insurers yet.

 

[jonny jeez]

Thanks @screenman It's a national and is currently being dealt with by a business development manager, effectively a salesman... which seems odd. As far as I can see he is not local.

I don't have a copy of the shots that were taken in the dark, but I recall the driver taking some as we unpacked. Either way, the shots they show are all at least four hours later.

I have requested a copy of the form that they say proves damage, with my signature...I know they don't have it as they didn't ask me to sign anything and of course, the damage wasn't there.

given that I am dealing at national level, albeit with a chap from an odd department, should I now seek legal support?...if so any advice on the best route?

 

[screenman]

Citizens advice may be a good call. I would certainly be going higher than a pointy toed salesperson.

 

[Drago]

Did you pay on your credit card? Cancel the card and get a new one, pronto, stop them just helping themselves.

As for the rest, write them a letter explaining that the car was undamaged while it was in your care and the photos they have produced are 4 hours after it was back in their care, see you in Court.

Not sure Citizens Advice can help with another countries civil law.

 

[Tim Hall]

Not sure Citizens Advice can help with another countries civil law.

I took the OP to mean he went off to forrin parts leaving the motor in Blighty in the tender care of the valet parking company.

 

[Drago]

Ah, I see. I think. Makes more sense now.

 

[jonny jeez]

Why not just be direct with them? Point out that the photos are demonstrably not contemporaneous, that the time stamps will show this, their records will show two sets of photos, and that you will be instructing a solicitor unless they repair your car and compensate you for the trouble caused by their dishonesty?

Thanks @User . I've actually done just that. My emails to them point out their refusal to provide explanations and signed documents. They chose not to answer either point and just repeated that they were not accepting liability....here is my last mail to them, which I have copied, for what its worth, to the president of the BPA, an association that is displayed with pride on their website. I also took a stab at including the email addresses of the founders of their firm, who's names are public but who's email addresses are not.


"You have not supplied the signed confirmation that I have requested. Neither have you offered any explanation of how the photographic evidence that you suggest, came to be taken at least 4 hours after I left my vehicle in your companies care.

In summary;

· Your photographic “evidence” is captured in daylight. I left my vehicle with you at 03.45. Some four hours before dawn. The images that you supply were therefore not taken at the point of collection.

· You cannot supply a signed (by me) copy of the “key tag” which you suggest is an official record of pre-existing damage. This means that this key tag could have been completed by anyone, at any time.

I am not satisfied with your decision, or your refusal to either explain or provide supporting documentation. I have copied Philip Hammer, president of the BPA and shall be contacting his team directly with my concerns over this issue and the way in which your company have ignored my requests.

I attach a copy of my initial email along with your response and my counter to that."


What I really want to know is who are the best legal teams to approach, are there any no win no charge firms that anyone is aware of who will take this up?

 

[threebikesmcginty]

Throw a brick though their window.

 

[Leedsbusdriver]

Sod it...........Just buy a new Dacia.

 

[jonny jeez]

Ah, I see. I think. Makes more sense now.

Yep, car was picked up upon departure and returned upon my arrival back in the UK....with extra damage.

 

[jonny jeez]

Name and shame...

I don't entirely understand why but I feel it's right to try and resolve this before naming the firm on the internet.

That said, I am getting nowhere and need to instruct a legal advisor to take it from here on in.

They are just restating all the points i refute and ignoring requests for documentation and real evidence.

I shall speak to my home insurer, I recall my policy offered some degree of free legal advice which I used about a decade ago to settle a phone provider issue. ...i think.

 

[jonny jeez]

How very stupid, if what you have told us is all correct, then it will ultimately unravel. It is hard to believe that they have not seen that yet.

Yep, that's exactly how I see it.

A few things are very annoying (aside from the lack of liability) like them not replying to each email as a discussion but a new mail, I have to keep copying in every party and attaching the previous mails...very evasive.

My last mail, sent this morning, disputes all of their statements, which are ridiculous claims of pre-existing damage...such as "its clearly impossible for our driver to have caused any damage, which proves that the damage could not have been caused by us"...that's an actual quote. Oh and this cherry "see attached image taken at 8.48, proving that the damage was pre-existing"..of course all this proves is that the damage occurred before 8.48, which I don't dispute. As well as this I have told them that I find their approach to be unprofessional and evasive, designed to wear down my patience in the hope that I shall simply "go away"...and copied in all of the relevant parent companies, ombudsmen, md's etc...all over again.

These guys really are complete tools.

 

[PhilDawson8270]

A few things are very annoying (aside from the lack of liability) like them not replying to each email as a discussion but a new mail, I have to keep copying in every party and attaching the previous mails...very evasive.

They clearly know what they are doing, and have done it previously! All they're doing is ensuring that they don't give you anything incriminating in a recordable manner. By not entering into a discussion, then it's much easier to do.

Have you had a quote for the damage yet? If not, get that done and if less than £10k. You could deal with it via small claims court, they may play ball when they get the court papers.

 

[Venod]

This forum is more to do with parking tickets & speeding, but you may get some good advice, saved me a bit of cash on a dodgy private ticket.

http://forums.pepipoo.com/