Damage to car whilst in garage (but by another customer)

Smartsaver7

cuthbert_rumbold wrote: »

And who did that?

We may never know unless the garage shows the CCTV and the OP tells us

Exciting isn't it , I obviously need to get out more

Smartsaver7

ie car being driven , outside garage etc , I have based my comments on what facts we know ( be them very little) wasn't being driven and IN a garage, on THEIR premises

undercover_peon

Glad to see many posts, I didn't know if this would get much interest. The garage is fairly secure in that there is a gate which is shut and locked out of hours. Cars go through the gate and are parked up by customers who then go into the reception to drop keys off etc.

It is in this area that the incident occured and I know they take the cars inside the garage on a night as I walked past whilst they had the car and none were out.

If I'm honesy I see the potential sticking point as being the footage or disclosure of. They did say they were contacting the other customer and would get back to me when they had spoken to him.

I understand they may have concerns about DPA but looking at it from my point of view what proof do I have that they didn't do it without seeing the footage?

I've since been told by a couple of people that as the car is in their care then they are responsible. However I think the advice given here is nearer the mark in that it is that persons fault as they were in charge of the vehicle.

My concern is if they feel they've gotten away with it they might tell the garage not to pass their details on. Which may force me to chance my arm and say I'm holding you responsible unless you provide some evidence to the contrary (the only evidence being the CCTV so I suggest you keep it).

As others have said (in person and here) why don't the garage just fix it? The cost to them would be minimal and I spent a not inconsiderable sum there. Part of my now thinks I should've refused to pay the bill at the time.

My plan so far is to ring them first thing to see where they have got to and ring back on lunch if I'm getting no joy to up the ante. I also need to check how long they keep the CCTV as otherwise I am just relying on their word.

AdrianC

undercover_peon wrote: »

looking at it from my point of view what proof do I have that they didn't do it without seeing the footage?

You have exactly the same proof as you ever have when somebody tells you who hit your parked car when it was out of your sight.

It is EXACTLY the same situation.

undercover_peon

The key point here is there is evidence in the form of CCTV. So I either need a copy of that or to get the name of someone who did see the footage so I can call them as a witness when I sue the garage.

Their only defence would be it wasn't me guv which might be a way of forcing them to at least disclose the reg.

undercover_peon

Why would the onus be to prove it was the other driver if my argument was along the lines suggested above ie the car was in your care therefore it is your fault?

The only thing they could say is that the other driver did it - I would imagine it wouldn;t be sufficent to say 'some guy' did it.

Hopefully calmer heads will prevail and, to avoid hassle etc, they will just return the car to the condition it was when I left it ie with the mirror undamaged...

AdrianC

They did. They didn't damage it. Somebody else did.

Smartsaver7

Actually I was still right on both counts as the cars were parked in a place not classed as a road or public place under the RTA. A private garage car park accessed through a gate with customer only parking is not one of the locations coverered or the subject of a stated case unlike a supermarket or multistorey so it is non reportable to police unless the report is of Criminal Damage

Smartsaver7

You really need to be more friendly and less obnoxious on here :T

It is in this area that the incident occured and I know they take the cars inside the garage on a night as I walked past whilst they had the car and none were out.

Actually I was still right on both counts as the cars were parked in a place not classed as a road or public place under the RTA. A private garage car park accessed through a gate with customer only parking is not one of the locations coverered or the subject of a stated case unlike a supermarket or multistorey.

This is not something the police will deal with unless you are making an allegation of CRIMINAL DAMAGE.

Smartsaver7

undercover_peon wrote: »

Part of my now thinks I should've refused to pay the bill at the time.

My plan so far is to ring them first thing to see where they have got to and ring back on lunch if I'm getting no joy to up the ante. I also need to check how long they keep the CCTV as otherwise I am just relying on their word.

That is what I would have done unless they could prove the damage caused by another customer as the vehicle was in their care and control at the time.

As for the CCTV most up to date systems keep for 28days which is the suggested length of time however some older ones overwrite within 14days , some quicker depends on size of hard drive , if a dispute they should download the footage and keep for you.

As I said until they respond no point worrying too much , I assume this is not part of a large group of garages just a small outfit ??