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Hello,
Apologies if this is wordy.
I left my former employer in December 2013 as my team were all put into redundancy consultation. I had found alternative employment. My company car had to be returned. I had the car from August 2012 and had done approx 50.000 miles covering a large amount of the UK, driving on motorways to country lanes, it was also my only vehicle and so personal use was permitted in the T&C. The car was 2011 registered and so is out of warranty this year. It was a company pool vehicle so someone else had used it briefly before I did.
My collection of the vehicle was arranged in a rush by my manager due to a change in my personal circumstances left me without a car (I had a car on hire purchase at the end of its hire period and I had been using for work and SDP purposes, the maintenance and running costs at my own considerable expense due to the work mileage)
I drove to collect the pool vehicle with my dad as I had no car. The vehicle was in good condition, a year old with approx 10,000 miles on the clock. A few minor marks to paintwork as you would expect. I was given an inspection document, one sheet of A4 with ticks where damage spots were and told "all just normal wear and tear" we inspected carefully and pointed out a few additional but minor marks and were told the same thing again. I left with the car, the sheet of A4 and got on with my job for the next 18 months.
The travel and fleet car policies were all on the intranet and I kept my own copies for reference (I do have all the paperwork mentioned in case you wish to see it) when servicing was due I took it in and company paid, same with replacement tyres and a windscreen chip. I kept the car clean and tidy....it was my office after all. It was washed and valeted by myself on a regular basis and I had no accidents or damge to the vehicle that I could see. There were little stone chips at the front and what was there from last owner but you would expect that.
When the day came to return the car it was professionally valeted and ready for return. However this time there were three men in suits to collect and an inspection man with a camera, palm pilot and set of tools. He took 40 mins measuring, taking photos and writing notes. I asked my boss who was there with me why did I not get this attention when I collected the car. I meant it as a joke at the time, but very soon I didnt find it funny. The inspection man asked me to sign his PDA to hand over ownership of the car and accept he had done his job. I did so and made my way home on the train.
Two weeks later a I got a five page letter with photos of damage and the report. I owed in excess of £700 and it was all broken down. I had the right to appeal and HR would contact me to arrange collection of monies owed. At the end of the report and cost breakdown they had added my electronic signature from the PDA. It looked like I had signed this document. I HAD NOT SIGNED THIS DOCUMENT. I intended to appeal and got straight onto my union, the RCN.
A week later, the week before Christmas they took my wages at source for the cost of the "damage" I had no incom had to take a loan and overdraft to pay my bills, defaulted on my rent and was left owing a lot of money. The company have since apologised in writing for this error and did refund me...but not until a week after Christmas. I had already defaulted on a loan payment and missed all my DD payments and rent by then.
I have had two hearings with my union rep present since December. They say my wear and tear damage exceeds the industry wear and tear guides as the stone chips are bigger than those allowed. I have an appeal later this month and my arguments are as follows:
1) the paperwork used and standard of inspection when I took on the car was significantly less than when it went back. They therefore cannot be compared.
2)I am being charged for marks that were present when I took on the vehicle..I have the documents used. I am not paying for repairs to areas where prior damage was marked. It was THEIR job to ensure their paperwork was thorough.
3) Where is the car now? Is it quarantined? Have they done the work they claimed was needed? Or has it been sold as its out of warranty now and too old to be a company car. I think they wanted my money to touch the car up to sell it for profit at my expense.
4) How can I control the size of stones and road junk that fly up and hit my car on all terrains over 50.000 miles. By that argument I should have put the car in for respray the the companies expense after every motorway journey.
They havent given me answers to these yet. My appeal is set for the 23rd April. Any ideas, policies, legislation, case law I can use I need! They go back to the industry guide....I think this needs challenging too. The car was immaculate except for the small chips and scuffs and their argument is based on the size which, surely is out of my control
Please help. Many thanks
Apologies if this is wordy.
I left my former employer in December 2013 as my team were all put into redundancy consultation. I had found alternative employment. My company car had to be returned. I had the car from August 2012 and had done approx 50.000 miles covering a large amount of the UK, driving on motorways to country lanes, it was also my only vehicle and so personal use was permitted in the T&C. The car was 2011 registered and so is out of warranty this year. It was a company pool vehicle so someone else had used it briefly before I did.
My collection of the vehicle was arranged in a rush by my manager due to a change in my personal circumstances left me without a car (I had a car on hire purchase at the end of its hire period and I had been using for work and SDP purposes, the maintenance and running costs at my own considerable expense due to the work mileage)
I drove to collect the pool vehicle with my dad as I had no car. The vehicle was in good condition, a year old with approx 10,000 miles on the clock. A few minor marks to paintwork as you would expect. I was given an inspection document, one sheet of A4 with ticks where damage spots were and told "all just normal wear and tear" we inspected carefully and pointed out a few additional but minor marks and were told the same thing again. I left with the car, the sheet of A4 and got on with my job for the next 18 months.
The travel and fleet car policies were all on the intranet and I kept my own copies for reference (I do have all the paperwork mentioned in case you wish to see it) when servicing was due I took it in and company paid, same with replacement tyres and a windscreen chip. I kept the car clean and tidy....it was my office after all. It was washed and valeted by myself on a regular basis and I had no accidents or damge to the vehicle that I could see. There were little stone chips at the front and what was there from last owner but you would expect that.
When the day came to return the car it was professionally valeted and ready for return. However this time there were three men in suits to collect and an inspection man with a camera, palm pilot and set of tools. He took 40 mins measuring, taking photos and writing notes. I asked my boss who was there with me why did I not get this attention when I collected the car. I meant it as a joke at the time, but very soon I didnt find it funny. The inspection man asked me to sign his PDA to hand over ownership of the car and accept he had done his job. I did so and made my way home on the train.
Two weeks later a I got a five page letter with photos of damage and the report. I owed in excess of £700 and it was all broken down. I had the right to appeal and HR would contact me to arrange collection of monies owed. At the end of the report and cost breakdown they had added my electronic signature from the PDA. It looked like I had signed this document. I HAD NOT SIGNED THIS DOCUMENT. I intended to appeal and got straight onto my union, the RCN.
A week later, the week before Christmas they took my wages at source for the cost of the "damage" I had no incom had to take a loan and overdraft to pay my bills, defaulted on my rent and was left owing a lot of money. The company have since apologised in writing for this error and did refund me...but not until a week after Christmas. I had already defaulted on a loan payment and missed all my DD payments and rent by then.
I have had two hearings with my union rep present since December. They say my wear and tear damage exceeds the industry wear and tear guides as the stone chips are bigger than those allowed. I have an appeal later this month and my arguments are as follows:
1) the paperwork used and standard of inspection when I took on the car was significantly less than when it went back. They therefore cannot be compared.
2)I am being charged for marks that were present when I took on the vehicle..I have the documents used. I am not paying for repairs to areas where prior damage was marked. It was THEIR job to ensure their paperwork was thorough.
3) Where is the car now? Is it quarantined? Have they done the work they claimed was needed? Or has it been sold as its out of warranty now and too old to be a company car. I think they wanted my money to touch the car up to sell it for profit at my expense.
4) How can I control the size of stones and road junk that fly up and hit my car on all terrains over 50.000 miles. By that argument I should have put the car in for respray the the companies expense after every motorway journey.
They havent given me answers to these yet. My appeal is set for the 23rd April. Any ideas, policies, legislation, case law I can use I need! They go back to the industry guide....I think this needs challenging too. The car was immaculate except for the small chips and scuffs and their argument is based on the size which, surely is out of my control
Please help. Many thanks
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