Urgent advice please!

Missmoneyberry

I would love some advice please
I was hit by another driver during August, (bodywork damage, other driver & their insurance have admitted full liability). My car was collected by a driver from the 'approved garage' and taken for repairs last Friday (6th)... Saturday morning(14th) I get a notice of intended prosecution from the police, my car was caught speeding 45 mins after it was collecte, d in Walsall, the garage it was supposed to be going straight to is in Leamington Spa?!?!
Have contacted the garage & am getting placated but nothing really is happening, feel like I'm being palmed off, essentially the car was certainly not where I gave consent for it to go to, but struggling to get a decent result, I would love some help here.... For the car to have got to Walsall from my home within 45 mins, it would have been thrashed & as above, was caught speeding, I am really concerned as to the state of my vehicle when I get it back...
Really appreciate any guidance, thanks

vaio

Get the drivers name from the garage and nominate him on the S172 notice.

As for the mechanical state all you can do is inspect carefully when you get it back but I wouldn't have thought a quick blast would do any serious harm

Mankysteve

vaio wrote: »

Get the drivers name from the garage and nominate him on the S172 notice.

As for the mechanical state all you can do is inspect carefully when you get it back but I wouldn't have thought a quick blast would do any serious harm

As above really, also contact your insurance company/ company handling the repair work.

Joe_Horner

If the garage won't give the name, then reply to the NIP giving what details you can (the garage, time of ollection etc) and a statement that they're refusing to name their driver.

I'm not 100% sure, but I've got a feeling it's an offence for any person to refuse to furnish details, once asked, if they have them. So let the police take it up with the garage if they don't want to play.

Also, ask whichever insurer is dealing with the repairs to arrange for them to be done elsewhere as you have very good reason not to trust the current one. They got caught out by a camera this time but how many other customers' cars have they been taking on random joy-rides without being caught?

forgotmyname

Phone the garage ask for the managers name, Then ask to speak to him.

If they wont give you the drivers name then i would put the managers name and the garage address.

OddballJamie

Sometimes the cars don't go directly to the repair centre as they may need to pick another driver up who's dropped a customers car off. I've had my car collected several times for different purposes and never once been told it's going directly somewhere. I take a photo of the clocks and if there;s excess miles make a complaint for fuel costs.

I'm actually surprised they've been caught in Walsall, my understanding was they switched all the cameras off months ago. Unless it was on the M6 in the average speed traps. What area was the car picked up from?

Ask them for the photo to help show who the driver was. Also ask the garage for the slip you would've signed when you handed over the keys, this should be dated and have inspection details on.

vaio

forgotmyname wrote: »

Phone the garage ask for the managers name, Then ask to speak to him.

If they wont give you the drivers name then i would put the managers name and the garage address.

nah, the s172 requirement is to name the driver if you know who it was.

You can't go naming the manager if you don't know it was him, the OP needs to name the garage and say they don't know who the driver was.

Joe_Horner

Just checked the Act, and my suspicion was right. S.172 (2) gives:

(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a)the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b)any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.


So, name the garage and let the police chase it up with the manager / owner.


It should be in his power to say which of his employees were sent to collect your car, so he's required to say if asked. As far as I can see, he'd face the same penalty (6 points + fine) as the RK would if he refuses

wba31

OddballJamie wrote: »

Sometimes the cars don't go directly to the repair centre as they may need to pick another driver up who's dropped a customers car off. I've had my car collected several times for different purposes and never once been told it's going directly somewhere. I take a photo of the clocks and if there;s excess miles make a complaint for fuel costs.

I'm actually surprised they've been caught in Walsall, my understanding was they switched all the cameras off months ago. Unless it was on the M6 in the average speed traps. What area was the car picked up from?

Ask them for the photo to help show who the driver was. Also ask the garage for the slip you would've signed when you handed over the keys, this should be dated and have inspection details on.

Would love to know this too as i live in walsall and have not been so strict on myself through the speed cameras.

With the M6 the lowest ive seen the speed limits on the gantries at is 40mph, would be harsh to be tickets for 45mph? the roadworks between junctions 8 and 5 is 50mpg average speed cameras, so 45mph wouldnt be penalised there, more praised as it's rare to hit that speed on that stretch at the moment...