garage gave out customers car to another customer

[jayfleming]

Hi basically, my car went to the garage for repair, and I found someone else driving my car around which was a customer from the garage, the garage told him he could use it, whilst his car was being repaired
I called the police they stated was a civil matter
my car has been damaged
items stolen
500 miles racked up on it
I have a parking fine and a speeding fine
what can I do?

[ostell]

Have you got evidence of your contact with the police? The use of your car without your consent and probably without insurance cover is far from a civil matter. You will be claiming from the garage for the damage and you will nominate the garage as the keeper/driver at the time of the offences. mentioning the police notification.

[Amethyst]

That is utterly ridiculous. What have the garage said about it ?

Similar happened here, although not half as bad by the sounds of it.
https://www.telegraph.co.uk/motoring...rtesy-car.html

[jayfleming]

Have you got evidence of your contact with the police? The use of your car without your consent and probably without insurance cover is far from a civil matter. You will be claiming from the garage for the damage and you will nominate the garage as the keeper/driver at the time of the offences. mentioning the police notification.

thanks for the reply the police are just not interested at all even thought there were personal persuasion taken - small claims here we come

[jayfleming]

That is utterly ridiculous. What have the garage said about it ?

Similar happened here, although not half as bad by the sounds of it.
https://www.telegraph.co.uk/motoring...rtesy-car.html

thanks for the reply the police are just not interested at all even thought there were personal persuasion taken - small claims here we come

[Amethyst]

Pre-action letter first of course. If you want a hand drafting it just shout.

HAve you already made a formal written complaint to the Garage ?

Is it a Ltd Company ?

Small local garage ?

Did you pay the Bill for the work you were having done on your car ?

Would grounds be Breach of Contract ? , with implied term that they'd take reasonable care of your car while in their custody ? Negligence maybe? Breach of trust ?

Consumer Rights Act 2015 -
((( 49 Service to be performed with reasonable care and skill

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.
)))


What's happening with the parking fine and speeding fine ?

[des8]

I would be considering a claim for breach of contract.
An implied term of the contract would be a duty of care.whilst the vehicle is in the care, custody and control of the garage.
Self evidently breached

[jayfleming]

Pre-action letter first of course. If you want a hand drafting it just shout.

HAve you already made a formal written complaint to the Garage ?

Is it a Ltd Company ?

Small local garage ?

Did you pay the Bill for the work you were having done on your car ?

Would grounds be Breach of Contract ? , with implied term that they'd take reasonable care of your car while in their custody ? Negligence maybe? Breach of trust ?

Consumer Rights Act 2015 -
((( 49 Service to be performed with reasonable care and skill

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.
)))


What's happening with the parking fine and speeding fine ?

hi I have forwarded the parking fine etc with the name and address of the person who was driving the car
the police are just not interested at all
even driving with no insurance,
as the garage insurance does not cover customers driving other customers cars
even with the theft of goods from the car - police still not interested
the garage owner said he made a mistake and had tried to commit suiside over it
so it looks like I'm having to go to small claims
not a limitd company just a small outlet
many thanks

[MIKE770]

catch him before he = commits suicide ( heard it all now)

[Amethyst]

Did you get an invoice or receipt from the garage - or quote / business card etc - which has the company details on ? If he's a sole trader you would have to sue him directly, if a Ltd company you'd have to sue the company so you need to know for certain. Has he attempted to make amends at all ?

Have you returned the speeding fine as well with the details of the driver ? How did you get details of the driver ?

What were the thefts ? ( value ?)

[ostell]

I think the keeper/driver in this instance should be named as the garage. They, perhaps, could take it from there.

Was it a private parking charge?

[jayfleming]

?

I think the keeper/driver in this instance should be named as the garage. They, perhaps, could take it from there.

Was it a private parking charge?

yes it was nap carparking
not sure wether I need a civil action or small claim
also if I go to small claims do I pursue him or the business?

thanks for all the replies and help - this has just turned into nightmare and although the other customer who drove my car, and their was not valid insurance on my car whilst he was driving it, and the goods have been taken from the car, the police stated tuff poo poo not interested (or words to this effect ahah)

I do appreciated all you comments

[ostell]

As it's private parking then write to them and give them the name and address of the garage as the keeper/driver at the time of the incident. This should remove any liability under the protection of Freedoms Act 20122 from you as the registered keeper, though you may get some hassle. Basically they cannot proceed against the registered keeper if the have been given the identity of the driver. Make sure you keep any documents that show that you car was in the garage at the time.

Small Claim is civil action. WHat would you be claiming for? damage and lost articles? If the gargage is a limited company then you go for the company otherwise it's the owner of the business, Fred Bloggs. trading as Stoopid garages.

[des8]

Who was responsible for the damage to the vehicle?
The garage owed a duty of care but didn't actually cause the damage.
Was the damage caused by the person permitted by the garage to take the car, or was it an accident caused by yet someone else?

I'm not sure but you may have to name codefendants

[ostell]

I would think that you make a claim against the garage (or owner) as they had control of the vehicle at the time. It is up to the garage to sort out who they will be claiming their losses from.