Car damage during MOT

[Nicwills]

Good evening , I would like to ask for advice please . I am asking on behalf of my son because he has dyslexia .
my son took his car for an MOT , a garage he has used before for his car and van . On the day of the MOT , the garage called him and said the MOT is done and could he collect the car as their forecourt was full . When he arrived to collect the car , he noticed the forecourt was empty and that his car was not there . He went to the office and asked where the car was and nobody knew , then it came to light that the car had been parked down an unlit side street adjacent to the garage . When arriving at home and the car was under the house lights , he noticed significant damage to the bonnet and both wings . He then took the car straight back and they said they would look into it . This was three weeks ago and there has been no contact from the garage , however when my son called the garage owner today , he was “unaware” and confused as to why the car had been parked down a side street and that the forecourt was empty and the employees know not to do that. Now the owner is allegedly looking into it in more depth and again will be in touch even though he has known about this for a couple of weeks .
I would like to know what we should do if the garage owner refuses to accept liability .
The car was clearly not damaged when my son took it in for the MOT or it would have failed the MOT with the twisted bonnet .
Any advice would be greatly appreciated .
just to add , the car is still in their possession and has been since this happened .
many thanks in advance

[echat11]

Hi NICWILLS

Welcome to LB

Did your son take some pictures of the car?

You should really stop talking to them over phone / in person, you may only get 'nonsense',
and continuation of the current state of affairs, nothing happening.

Send them a Letter Before Action, make sure you get Proof of Postage / Recorded Delivery.

You can amend the following letter.

I would consider amending the 28 days to 21 days as they've had three weeks.

https://www.which.co.uk/consumer-rig...m-aSFAC8Q6Jqan

[Nicwills]

Hi there , many thanks for your response and your assistance . I am passing this over to my son and help him with the letter .
Hopefully this will help to move the situation forward .
kindest wishes

[echat11]

Update the thread when you get a response.

[Nicwills]

My son spoke to the owner of the garage yesterday and he appeared shocked that his car had been parked away from the premises , he asked my son to take a pic of where the car was left ( not sure what difference that will make ) . Another development is the three mechanics who were there have now been transferred to his other garage some miles away . My son does have photos of the damage . On the day he arrived to pick his car up , the three mechanics said they didn’t know where the car was , all three umming and arhhing, as if nobody wanted to take responsibility for driving the car . My son is calling the garage owner today and if he doesn’t take responsibility, my son is asking for their insurance details and he will inform his insurance company today . I will come back with any update . Many thanks again for your assistance.

[echat11]

O.K. looks like it may get resolved in the near future.

[Nicwills]

Hi , so the garage owner who still has the car , keeps saying they cannot work out how it happened and to leave it with him . It’s now been 4 weeks and he hasn’t called my son . My son went there on Saturday and spoke to the manager (who is the owners brother in law ) my son has dealt with this man for years and he said the manager asked for a character reference of my son as if he is trying it on !
I think now my son should inform his insurance company and they can deal with the garage insurance company ?

[echat11]

Hi , so the garage owner who still has the car , keeps saying they cannot work out how it happened and to leave it with him . It’s now been 4 weeks and he hasn’t called my son . My son went there on Saturday and spoke to the manager (who is the owners brother in law ) my son has dealt with this man for years and he said the manager asked for a character reference of my son as if he is trying it on !
I think now my son should inform his insurance company and they can deal with the garage insurance company ?

Really shouldn't be speaking with them, as it's easy for them to continue their 'nonsense' and not take ownership of the damage caused by their employees. Your son has evidence and knows most of what has gone on, so a 'good' idea. Remember sometimes 'insurance' companies take the easy option.

[Nicwills]

I think my son is desperate to just have the car back , it’s never the right time to go through something like this but it really couldn’t have happened at a worse time . My son and his wife are currently going through ivf and have had to use public transport for the many appointments and procedures and have to travel to London . May I ask , if he dies the letter of intent , does that mean he cannot go through his insurance ?
mom sorry for the questions , I just want to help him .
many thanks again in advance .

[echat11]

I think my son is desperate to just have the car back , it’s never the right time to go through something like this but it really couldn’t have happened at a worse time . My son and his wife are currently going through ivf and have had to use public transport for the many appointments and procedures and have to travel to London . May I ask , if he dies the letter of intent , does that mean he cannot go through his insurance ?
mom sorry for the questions , I just want to help him .
many thanks again in advance .

I understand. Go through the insurance as it might be the easier path.

[Nicwills]

Many thanks for your reply , I truly appreciate someone I’ve never met taking the time to help me . My son has emailed them ( with my help) today and given them until Friday to contact him , otherwise he will be speaking to his insurance company . I cannot imagine their insurance will be too happy with them parking the car in an unlit side street and they will most likely want to see the garage cctv , they know it happened on their premises and they tried to hide the car , they are not going to be able to tell their insurance company that they have no CCTV as this will affect their insurance premium as they would likely have stated in their policy that that they have CCTV . I cannot stand injustice , we will not give up the fight .

[echat11]

Update when they respond.

[Nicwills]

Good morning , my son emailed the owner of the garage last Monday and gave him until Friday to respond . My son stated that on Friday he will be informing his insurance company and he will be asking the garage for their insurance details .
Thankfully , the owner responded on Friday and said they are taking full responsibility !
it has been a very stressful 4 weeks and to say we are relieved is an understatement.
many many thanks for your support throughout this time , we are truly grateful ☺️

[echat11]

Well done, glad it's been resolved.