Company Car Charges

Immis

Hi, some advice please.

A company car was returned in January.
Upon return there was a professional car inspector present doing the assessing.
There was not one present when the car was given, just the delivery guys.

The inspector said there was damage on the car that is being disputed. ie some of it is not damage and some was there when the car was delivered.

The original delivery sheet is lost.

The company has failed to provide their copy of it as well.

Now, 9 months later, they pop a very large bill in the post.
The employee left the company in January on the day the car was returned.

There has been no corresspondence from the company since Jan.

Do they have a right to claim for this money 9 months on or has the reasonable amount of time to claim passed?

Tilt

They have a right to make a claim of what ever they like. But it's proving that they have a claim in the first place that matters. If you are disputing their claim you should invite them to take you to court if you are confident that the damage they are claiming wasn't caused by you. Obviously if you didn't cause the damage then they won't be able to prove that you did.

Situations like this have a two way street... you should of been present when the car was inspected and both you and their inspection people should of singed a return condition report. Similarly, the same process should of happened when you first had the car. They should be able to provide a copy of both reports (delivery and return). Without them and given the time which has now elapsed I think any claim they make in court would be very weak.

Immis

It was my wife they did this too.
On the return they forced her (and all other collegues) to sign even when they were disagreeing with the condition report.
They were told that if they didnt sign they would not recieve their last paycheck.
Obviously this cannot be proven but there are a number of ex-employees who would swear to this.
I was present when the car was initially delivered and was extremely through with any marks and scratches. In fact, the car was in such a bad state of cleanliness that I made my wife send her company photos of how if was delivered.
Of course, wear and tear happens but I want to know where would I stand if I took it to a tribunral.

Tilt

Why would you take it to a 'tribunal'? Is there an outstanding employment issue?

Immis

Or whoever the relevant court may be.
Who would it be?

Tilt

Well i'm assuming that there are no outstanding employment matters then in which case if you are disputing their 'bill' then inform them and ask them for copies of the delivery and return condition reports. If they cannot provide them and you are satisfied that this damage wasn't caused while the car was in your wife's possession, then they would need to take you to the small claims court to prove their claim. from what you have said, I don't think they have a case.

Hintza

Has she left the company?

arcon5

Doesn't a tribunal have a 3 month time limit anyway?

Immis

yes, she has left the company back in January.

Well we keep asking for the delivery condition report and they keep on avoiding giving it to us.