AA / Egertons Unlawful Car Removal???

Rocky72 · 3 February 2010 at 12:58PM

My wife and I broke down on the M6 at New Years Eve near Penrith. We live 220 mile away in Northampton. It was when we had the cold weather and heavy snow.
It was my wife's car and she is a member of the AA so called them for assistance. Because we had two young children with us and I had a broken ankle, we were told we were a priority 1.
A couple of hours later the AA phoned us to say that they were really busy (understandable) and were passing the job to a recovery company called Egertons.
Egertons picked us up and dropped us and the car at their unmanned depot in a large layby further up the M6. There were no facilities and the recovery driver said they couldn't repair the car as they didn't have any staff, he then left us to go on another job.
It was minus 10 degrees, but luckily I had packed some winter sleeping bags so we sat shivering in the car with the kids, whilst the inlaws drove the 220 miles to pick us up.
I phoned Egertons in the New Year to see if the car would be OK with them till we arranged recovery. They said it would.
Today we went to recover the car, but it wasn't there.
We were told that the day after the breakdown they had put the car in their storage depot and were charging us £25 per day (£825). They also wouldn't let us get our things out of the car, the sleeping bags are £200 a piece.
At no time were we told we would be charged for storage, there were no signs at the depot and we were not given any paperwork. Neither did we give them permission to move the car. The AA and Egertons both had our contact details and address so could have easily got in touch. If we had known we could have got the father inlaw to tow us to somewhere else.
I feel conned and frustrated.
I haven't officially complained to the AA. I was hoping someone on here could tell me where I stand legally beforehand.
Thanks.

Anihilator · 3 February 2010 at 1:24PM

So you expected them to keep your car free of charge for over a month?
If it had been one or two days then fair enough.

As for the charges. Its really your word against theres and tbh there side sounds more believable.

Crabman · 3 February 2010 at 1:46PM

I can't see that there is a binding contract in place between you and Egertons for payment of fees. If they had time to recover the vehicle to a storage yard they would have had the chance to contact you. You say they said it 'would be ok' and you don't mention agreeing to pay any fees for storage.

Your contract for breakdown services is with the AA. Note that their T&Cs (here) list storage fees as a general exclusion.

What level of breakdown cover do you have?

Best to contact the AA and see what they have to say, given that this may not have occurred if one of their own patrols had attended and managed to repair whatever was wrong (I note you say a repair wasn't even attempted).

Make sure you note down everything that's said during the call so you have something to refer to. If they agree to do something, put it in a letter/email and send it to them by way of confirmation so there is a written record.

magpiecottage · 3 February 2010 at 1:55PM

The contract with the AA is an insurance and regulated by the Financial Services Authority.

This means if you complain to the AA and are not satisfied with its response then you can go to the Financial Ombudsman Service.

Why was your vehicle not recovered to your home if it couldn't be repaired at the time?

vikingaero · 3 February 2010 at 2:29PM

Sounds like to me that the OP only had basic roadside assistance. After they were towed to a safe place/garage they were on their own. Pretty amazed to find they left the car there for over a month - even with the snow.

Hintza · 3 February 2010 at 2:46PM

Well if you ignore the fact that OP is a bit slow.

If the OP didn't sign a contract that detailed the charges then I can't see how they are enforceable. BUT it might be better to pay them and then take the company to court to recover them (leagal advice on this point might be an idea) otherwise they will just keep the car in the interim.

Contract with the AA might be the best route to take.

When our trailer was taken to the salvage yard (after an accident) I received a letter a few days later clearly detailing their charges. I was fortunate and just passed it on to the insurer.

But why oh why OP has it taken so long to sort this out?

Rocky72 · 3 February 2010 at 3:02PM

We simply couldn't pay the £350 recovery until we got paid a month later. This was explained to Egertons when I rang them. Thinking back we rang the depot as this was the only number on the door, so it was probably a recovery driver on a break who answered. I didn't realise at the time they were a nationwide company with head offices. My mistake for not investigating further.
If we had been given some paperwork detailing their T&C's or at least told, we would have attempted to move the car that night.
Thanks for the replies so far.

vikingaero · 3 February 2010 at 3:03PM

Hintza wrote: »

But why oh why OP has it taken so long to sort this out?

If the OP picked within a few days then Egertons probably wouldn't have raised any charges. The fact that he left it a whole month then that's a whole new kettle of fish.

Egertons will have had a duty of car towards the OP's car and if it were damaged then I bet the OP would have wanted recompense. The fact is that the OP wants duty of car without paying the appropriate rate which is the storage charge.

Rocky72 · 3 February 2010 at 3:29PM

Using the father in laws car. The car was taxed and insured and in good condition, we could have moved it to a nearby legal public parking place.
We didn't receive anything from the driver.
Yes, we have been naive having never been in this situation before. We just assumed the car would be left in this unsecure area and were prepared to put up with the fact that it might get broken into etc.

Rocky72 · 3 February 2010 at 3:39PM

The "depot" was a portacabin with a large shed for recovery vehicles in an open unsecure area on the side of the M6.

stugib · 3 February 2010 at 5:32PM

Rocky72 wrote: »

We simply couldn't pay the £350 recovery until we got paid a month later.

I'm lost. Why did you owe Egertons £350 when they were simply acting as agents under your AA policy?

AA / Egertons Unlawful Car Removal???

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