Shipping car to Europe - car not loaded off ship

mtm103

sorry just seen this! The contract was signed by the U.K. agent of the shipping company.. who put the car on the ship.. the shipping company has said they made an error, but as it was an “honest error” then it isn’t the same as negligence (terms only say they are liable if negligent). Not sure when will get car back..

user1977

mtm103 said:

the shipping company has said they made an error, but as it was an “honest error” then it isn’t the same as negligence 

Eh? How can failing to unload the right car at the correct port be anything other than negligence?

Manxman_in_exile

user1977 said:

mtm103 said:

the shipping company has said they made an error, but as it was an “honest error” then it isn’t the same as negligence 

Eh? How can failing to unload the right car at the correct port be anything other than negligence?

Because they weren't responsible for the car being incorrectly "tagged" (read the OP again) as destined for Turkey rather than Spain?  Who knows?

As already pointed out, transporting valuable items internationally by sea can be a bit of a legal minefield with regard to who is liable for what and what jurisdiction covers any disputes.  That's why the OP needs to see a lawyer.  (Preferably one experienced in this sort of problem).

user1977

Manxman_in_exile said:

user1977 said:

mtm103 said:

the shipping company has said they made an error, but as it was an “honest error” then it isn’t the same as negligence 

Eh? How can failing to unload the right car at the correct port be anything other than negligence?

Because they weren't responsible for the car being incorrectly "tagged" (read the OP again) as destined for Turkey rather than Spain?  Who knows?

But in that case it wouldn't be their error at all, never mind an "honest" one.

Manxman_in_exile

user1977 said:

Manxman_in_exile said:

user1977 said:

mtm103 said:

the shipping company has said they made an error, but as it was an “honest error” then it isn’t the same as negligence 

Eh? How can failing to unload the right car at the correct port be anything other than negligence?

Because they weren't responsible for the car being incorrectly "tagged" (read the OP again) as destined for Turkey rather than Spain?  Who knows?

But in that case it wouldn't be their error at all, never mind an "honest" one.

How do you know the shipping company did not also make a non-culpable  error independently of whoever was responsible for tagging the car?  

You don't know and I don't know.  And neither of us knows whether the original mis-tagging was negligent or not.  We don't know the facts and the OP doesn't seem to know very many either.

If he wants to sue somebody for something he should consult a solicitor.

sheramber

 I was advised that the car was on the ship, but they had made a mistake, and the car had been tagged to be dropped off in Turkey, rather than Spain. 

Who is 'they'?  The agent or the shipping company?

Laz123

What is the value of the car?

A few years ago I shipped a Jeep to Kenya and was told quite emphatically NOT to put any items in the car. It took about 6 weeks and I hired a guy in Mombasa to drive it to Migori near the Tanzanian border. Because of all the hassle of it overheating, the local mechanic was the worst in the world and nearly destroyed the vehicle I wished I'd have bought one there.

mtm103

sheramber said:

 I was advised that the car was on the ship, but they had made a mistake, and the car had been tagged to be dropped off in Turkey, rather than Spain. 

Who is 'they'?  The agent or the shipping company?

The shipping agents at the port (which also signed the contract on behalf of the shipping company) made the mistake. The shipping company also admitted they made the error. But it was an honest error…

sheramber

So the shipping agent put the wrong details on the order.

What 'honest error' did the shipping company make if they followed what was on the order?

Manxman_in_exile

Mm12345 said:

Thank you all.. I am speaking to a lawyer.. I am very annoyed as they admit they made an error, but have washed their hand of it, and now I have no car for one month

What did they say when you spoke with them?