Bodyshop Staff Possibly Using My Vehicle For Their Own Use

[Brian69]

He gave them consent to repair the vehicle, not drive around in it, and unless Scottish law regarding TWOC is very different to the uk, that's still a criminal offence.

Unless I've missed something Scotland is still in the UK.

If Fin69 wishes to take the advices of the learned Dr Zoidberg I await the outcome of a TWOCing charge with eager anticipation.

Edited 16 April, 2016 by Brian69

[Defenderben]

Not too sure TWOC would cover this as the OP has clearly signed the vehicle into the workshops, giving consent for the vehicle to be in their charge.

Now as to missuse or misappropriation of the OP's property, which is not TWOC. IMHO

We await the OP's findings based on the outcome after he presents the bodyshop with his tracker report.

Edited 17 April, 2016 by Defenderben

[Tom_vRS]

I'd have called the police immediately to see what they said. If they weren't happy to take any action Id have popped round to the address the car was visiting for a chat.

Before bringing it up with Skoda and the body shop be sure to know what outcome you are hoping for.

[Brian69]

The vehicle was in the custody / control of the body shop (with the OP's consent) - the police wouldn't have been interested.

 

For it to constitute 'unauthorised use' you'd need to be able to demonstrate that you explicitly stated that use of the vehicle was to be restricted to use in connection with repair of the vehicle. I've handed over many vehicles into the custody / control of motor traders over 20-odd years and have never seen any terms / conditions to this effect.

 

If I put my car in for a service and an employee of the garage uses it for SDP I certainly wouldn't be happy about it but the employee wouldn't be doing anything wrong legally (provided he had the permission of his employer and he was covered for SDP by his employer's road risks policy).

Edited 17 April, 2016 by Brian69

[dazz600]

Whenever I've left a car with a garage (even short term) I've always left a card/sticker either hanging from the mirror or smack on the dashboard in plain sight....

Mileage....xxxx

Fuel tank range....xxxx

Always thought it was enough,but after reading this am not so sure!

[mac11irl]

The vehicle was in the custody / control of the body shop (with the OP's consent) - the police wouldn't have been interested.

For it to constitute 'unauthorised use' you'd need to be able to demonstrate that you explicitly stated that use of the vehicle was to be restricted to use in connection with repair of the vehicle. I've handed over many vehicles into the custody / control of motor traders over 20-odd years and have never seen any terms / conditions to this effect.

If I put my car in for a service and an employee of the garage uses it for SDP I certainly wouldn't be happy about it but the employee wouldn't be doing anything wrong legally (provided he had the permission of his employer and he was covered for SDP by his employer's road risks policy).

So what youre saying is -

Absence of non-consent contitutes consent?? He didnt say dont use it therefore its alright for it to be used... imo opinion if the drive was part of a diagnostic etc fine -its company time, but going home for dinner?? Thats personal use with consent of the owner.

The OP didnt give it to the bodyshop, he gave it to skoda to have it fixed. They contracted the work out so how does the op have any "useage consent" with the bodyshop if he has had mo direct dealing with them....

[Auric Goldfinger]

They'll be insured for any motor vehicle in their custody or control in connection with the business 

 

 

...........I would have thought going home for dinner, visiting friends of joy riding wouldn't be in connection with the business. The car wouldn't need a test drive as it was in for Body work/paint shop repairs.

[Brian69]

...........I would have thought going home for dinner, visiting friends of joy riding wouldn't be in connection with the business. The car wouldn't need a test drive as it was in for Body work/paint shop repairs.

Provided it was in the custody or control of the business for service / repair - usage is a separate matter. I deal with motor trade insurance on a daily basis and we would cover an employee in the circumstances I described above.

[Dr Zoidberg]

The vehicle was in the custody / control of the body shop (with the OP's consent) - the police wouldn't have been interested.

 

For it to constitute 'unauthorised use' you'd need to be able to demonstrate that you explicitly stated that use of the vehicle was to be restricted to use in connection with repair of the vehicle. I've handed over many vehicles into the custody / control of motor traders over 20-odd years and have never seen any terms / conditions to this effect.

I disagree, and I used to be a police officer.

The vehicle was left there to be repaired, and there is a reasonable expectation that it will only be used for that purpose. I certainly don't leave my cars expecting a garage to have full and unrestricted use of it whether that's explicitly stated or not. There is a difference between a test drive after repairs, using it to go to the pub, or taking it on a track day.

The law says.... a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another's use, or knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

It would be down to a court to decide if the OP had given consent for it to be used as a runaround by garage staff.

There's also a question whether it would be insured. I have no doubt that they have a policy that covers staff driving customer vehicles as part of their business, but would that extend to personal trips out of hours?

[Brian69]

So what youre saying is -

Absence of non-consent contitutes consent?? He didnt say dont use it therefore its alright for it to be used... imo opinion if the drive was part of a diagnostic etc fine -its company time, but going home for dinner?? Thats personal use with consent of the owner.

The OP didnt give it to the bodyshop, he gave it to skoda to have it fixed. They contracted the work out so how does the op have any "useage consent" with the bodyshop if he has had mo direct dealing with them....

 

I'm looking at purely from a legal / insurance perspective. The bottom line is the body shop had a vehicle in their custody or control in connection with the business - provided the employee concerned was cover for SDP then they weren't acting outside the law. Morally I think it's wrong, but that's another matter.

Edited 17 April, 2016 by Brian69

[Brian69]

I disagree, and I used to be a police officer.

The vehicle was left there to be repaired, and there is a reasonable expectation that it will only be used for that purpose. I certainly don't leave my cars expecting a garage to have full and unrestricted use of it whether that's explicitly stated or not. There is a difference between a test drive after repairs, using it to go to the pub, or taking it on a track day.

The law says.... a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another's use, or knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

It would be down to a court to decide if the OP had given consent for it to be used as a runaround by garage staff.

There's also a question whether it would be insured. I have no doubt that they have a policy that covers staff driving customer vehicles as part of their business, but would that extend to personal trips out of hours?

Yes. Motor trade insurance cover is incredibly wide, which is why dodgy geezers will set up a motor trade business as a front for other activities.

 

A track day would almost certainly not be covered as the vast majority of insurers specifically exclude any activity involving time and / or speed.

 

I suppose it needs someone to put it to the test from an 'unauthorised use' point of view. Certainly airport parking employees have been charged by the police with that.

Edited 17 April, 2016 by Brian69

[Aspman]

If you phoned plod and said that you'd left the car at xyz to be repaired and now it is appearing somewhere quite different and unexpected I'd expect them to at least take a look.

I doubt very much they'd go on to actually do anything else if they discovered the car in the possession of an employee with permission of the employer. TWOC or not it would never go to court.

 

I'd still be very ****ed and make it quite clear to the owner of the repair shop that via the power of the internet that you are going to make as many people as possible aware of how he treats customers cars and that it may have a detrimental effect on his business. If he screams about libel I'd remind him that libel only applies to lies and that you have empirical evidence of what happened.

 

I'd also start to shout loudly at Skoda what their authorised repairer has done and how it's inappropriate for this to happen. Your car is there to be repaired not to be used as a works courtesy car or for as a plaything for employees. Possibly even demanding that the car is transferred at their cost to a repairer of your choosing.

 

It does remind me of internet stories of car franchises lending out customers cars as courtesy cars.

Edited 17 April, 2016 by Aspman

[Tilt]

Oh, the mechanic was a Skoda one, and when I complained the dealership gave me two options;continue to use them. Or I could go elsewhere!

That would have been 'contact head office time' for me then!

 

I had to do this with my local F1 garage after they overcharged me for alignment. Got my overpayment of £40 back, but the area manager denied this until I contacted the head office.

[Guest]

That would have been 'contact head office time' for me then!

 

I had to do this with my local F1 garage after they overcharged me for alignment. Got my overpayment of £40 back, but the area manager denied this until I contacted the head office.

I sent a complete Case File totalling approximately 80 pages including all my dealings with Skoda since I purchased my vehicle; all my warranty claims, listing my 30+ faults with my vehicle (vehicle delivered with a failed DMF that took nearly 3 years and at least 6 garage visits to be diagnosed), two complete sets of Proteus alloy wheels dalaminating (Skoda refused to replace the second set), the parts section trying to charge me £240.00 for Autoglym HD wax - yes, really!, trim panels not attached to the vehicle, and so on, Recorded Delivery to the MD of Skoda, with no response (it was signed for at SUK). I followed this up with an email addressed to him which he received.  And ignored.

 

Unfortunately, I got side tracked with a few personal issues to follow this up more indepth.  Depending on how the dealership and Skoda deal with this, I can see a bigger dossier being sent out, but to a different recipient.

[Guest]

Okay, a quick update.

 

Before I collected the vehicle, I handed over a printed list of questions for the dealership to answer.  I also handed over screenshots from my mobile showing when and where the vehicle was driven to, including the fact the vehicle was started on at least 6 occasions throughout the night, and on at least one occasion it appeared the vehicle was left to idle for approximately an hour, (I've emailed the tracker company to confirm my interpretations of the screen are correct.)

 

I pointed out whenever I had possession of a courtesy car, I treated it as if it were my own.  Weather permitting, I would hoover and clean the interior.  At the very least, the vehicle would get a jet wash. WITHOUT USING THE BRUSH! I always returned the vehicle with more fuel than I received. I also mention that due to having a dog that I specifically purchased a dog 'hammock' rear seat protector (keep an eye out on the For Sale section!   ) to safeguard the interior of their vehicle, and yet this care and consideration was not reciprocated whilst my vehicle was in their care.

 

I also pointed out that I was informed the work would take four, but more likely 5 days. (it took five days!) if that was the case, my tracker indicates all the work was carried out in approximately two days, which means the dealership/Skoda may be getting charged for days they should not, and that I would have received my vehicle a lot quicker. 

 

I was informed the person who deals with this is on leave until next week, but my paperwork would be handed to him to deal with on his return.

 

I already have my letter typed up.  Am just awaiting the dealership/Skodas response.

 

As an aside, for those that are happy to allow the dealership to clean their vehicle, the courtesy car had three areas of damage where a hose had been dragged across it.  This was noted to the dealership prior to me taking the vehicle.

 

Oh, and before I forget, reference the Theft Act 1968 Sct 12, the driver could use Clause/Sub Section 6 as a get out clause, which in turn would open up some interesting questions for the bodyshop management to answer.

[MillsyVRS]

Anymore news/updates?

[Guest]

Not at this time.

Will give them until Friday to respond, then will follow up more proactively. I still have all my correspondence from previous issues with Skoda/(same)dealership, so it's just a case of printing another copy.

I'm also waiting for an email response from the tracker company to establish if my interpretations of the screen shots are correct or not. I normally receive a response within 24hrs.

Unlike the dealership or Skoda UK!

[Ootohere]

Any news on this issue.  Unauthorised use of your vehicle?

 

 The bodywork is surely done by now.  What was the reason for your vehicles trips.

Some staff member using your vehicle for covert visits to a male / female, drugs drop, collecting a carry out?

 

Filmed for the UK Version of Overhaulin starring a Chip Foose lookalikey?

(Salt & Sauce or Salt & Vinegar?.)

Edited 22 April, 2016 by GoneOffSKi

[Guest]

Nothing from the dealership. Not an acknowledgement that they are 'looking into it'.

Not an email.

Nor a phonecall.

Nada.

Zip.

If this remains the case, a follow up letter (sent recorded delivery) will be sent requesting a response by COP 29 AprilApril, then I will escalate it.

[Aspman]

Nothing from the dealership. Not an acknowledgement that they are 'looking into it'.

Not an email.

Nor a phonecall.

Nada.

Zip.

If this remains the case, a follow up letter (sent recorded delivery) will be sent requesting a response by COP 29 AprilApril, then I will escalate it.

 

Unless you want to escalate it to the chap's boss, nothing will be done until he returns. Even then I would suspect you'll have to do the running.

[Guest]

Unless you want to escalate it to the chap's boss, nothing will be done until he returns. Even then I would suspect you'll have to do the running.

He's been back since Monday.

[Aspman]

He's been back since Monday.

 

I've misread then.

 

Don't wait, start kicking up **** now.

[bhoywonder]

Now that I have a VRS I am going to do what a mate does when his Golf R is in the garage. Leave a A4 sheet of paper on the passenger seat saying that the car has a tracker fitted. Should (I hope) stop anybody taking the car on a unnecessary extended test drive. 

[silver1011]

Whilst that may stop your car from leaving the premises it probably isn't going to do much for the guys attitude towards you or more importantly the quality of his work whilst working on your car.

[bhoywonder]

Whilst that may stop your car from leaving the premises it probably isn't going to do much for the guys attitude towards you or more importantly the quality of his work whilst working on your car.

True but once the car is out of warranty it will go to my trusted VW specialist.