Everyone read this!!!

[firestorm2k2]

ok, that didnt work, here it is

Liability for Loss or Damage 1. The extent of an AE's liability for damage is set out in Regulation 14 (1) of the Motor Vehicles (Tests) Regulations 1981 (SI 1981 No 1694) as amended but is repeated here for information

14 (1) Where a motor vehicle has been submitted for an examination to be carried out by a person other than a section 66A examiner, the authorised examiner or designated council (as the case may be ) shall have the same responsibility for:-

(a) loss of or damage to the vehicle or its equipment or accessories occurring in connection with the carrying out of the examination during any period while the vehicle is, in connection with the carrying out of the examination, in the custody of the authorised examiner or designated council (as the case may be), and

(b) loss or damage to any other property or personal injury (whether fatal or not), being loss, damage or injury arising out of the use of the vehicle in connection with the carrying out of the examination

as would rest on a person who, having the same facilities for carrying out the examination as are available to the person who is carrying out the examination, had undertaken for payment to accept the custody of the vehicle and to carry out the same examination under a contract making no express provision with respect to the incidence of liability as between the parties thereto for any such loss, damage or injury.


2. The above Regulation is particularly difficult for a layman to follow. Its exact meaning can only be decided by the courts. The ‘Department’s’ legal advisers have produced the following, which, whilst not a definitive interpretation of the legal position, is intended to make the meaning of Regulation 14(1) clearer. The term examiner in the explanation covers both AEs and Designated Council inspectors.


An examiner will be liable for the following types of damage in certain circumstances. The types of damage are


(a) loss or damage to a vehicle that has been submitted for testing,

(b) loss or damage to the equipment or accessories of a vehicle mentioned in (a),

(c) loss or damage to any other property,

(d) personal injury (whether fatal or not)

For an examiner to be liable for the types of damage listed in (a) and (b), the circumstances must be that the damage can be connected to an examination carried out by that examiner whilst the vehicle or accessory concerned was in his custody.


For an examiner to be liable for the types of damage listed in (c) and (d), the circumstances must be that the damage arose as a result of the use of the vehicle and can be connected to an examination carried out by an examiner.

Examples of the type of damage that (a) and (b) are intended to cover are where an examiner, whilst testing a vehicle smashes a brake light, causes the steering to become defective or inflicts other types of harm to the vehicle that did not exist at the time it was left in his possession for testing.

Examples of the types of damage that (c) and (d) are intended to cover are where an examiner gives a vehicle the all clear. Subsequently when it is used the brakes fail and an accident occurs, in which the driver or a passenger is injured or dies or property is damaged. If it can be shown that the examiner cleared the vehicle at a time when the brakes were defective he is liable.

[krobinson]

PM Sent

[Dave.]

Just noticed, probabley the least of your worries, but your drivers front centre cap has gone walkies too

[MrVauxMad94]

this is shocking, especially with how tidy the car looks. the utter pr!ck. i really hope everything works in your favour mate and you get every penny you can get out of him. it sounds like the 'mechanic' is just trying to cover up for his rubbish driving. surely there is ways to prevent this so called 'accident'. gutted about the car

[mowgli]

you can't turn the clock back, but you could go to the police station & file a complaint against the garage owner for taking a vehicle without permission etc.....the coppers can't just dismiss this as an insurance matter... if the desk person won't help, ask to see someone higher up, and if they don't respond, ask to go higher.. kick up a stink...

remember, its not the fact that some 20 odd year old car has been pranged, its the fact that these idiots decided to take several thousand of your hard earned quid without your permission & wrap it round something.

you should chase every legal angle on this.

a very long time ago, i had moved house & used an allegedly reputable garage for an mot, and to fit me some braided hoses. the idiot mechanic son of the owner appeared at my door raving about its performance, (they offered a home delivery) and how he'd driven some quick motors & this was ace etc.....long story short... for 3 months, we had almost nightly attempts to nick it... and i hadn't told anyone else in the town about my cars performance.........he'd done 35 miles in it on the 1.5mile trip from the garage to my house.....

[Jon_nova1]

As some have said, a 4x4 car is only tested outside the MOT statiion, generally upto 10MPH.

Theres no point going to the police claiming twoc as you have given permission to the MOT garage, argue that you only gave permission for it to be MOT'd and the police will say well it was only across the road so you have no case.

The only thing you can do to get a charge on them is find out where it was crashed and get evidence etc, personally i would say the car was wedged underneath something then impacted on the front. I say this because of the way the bonnet has a straight dent in the top and the way the bonnet has crumbled upwards while what appears to be having the end forced down, this could also have caused some damaged on the wing if the wheel hit it, then due to the front end being caved in (what looks like) and other damage to wing it appears that while its been wedged under something the front end has impacted sometihing.

I can imagine a crane could do this as there is some overhang, but you would surely have paint scraped on it, personally i would look at the car and see any markings that would give it away, to be honest i'm half expecting there to be a tyre mark on the bumper from something like a landrover. I would start by looking at the crane first, if what they say is right there will be broken glass and an indicator lying on the floor

[8valve-craig]

Shocking. How you stayed calm i dont know.

In Hindsight you probably should have let him headbutt you. It might have helped bring the story out in interview.

I would personally go and buy some blank DVD's, then go looking for camera's in the vacinity of the garage. What you are looking for is a friendly manager who after hearing your story allows you to download the days CCTV. Hopefully this will show who was driving and at what time, which is a start.

It worked for me once, all be it a slightly different matter

[twistysnovagte]

just read from page 1 and im its actualy p!ssed me off sat here,but you have to do the right thing and see this through(legally)...............for now!

im sorry but if i had gone back to pick my car up and that's what had happened id have lost my cool BIG TIME!!!

more so gutted looking at it again(the nova how it was,looked a little beauty)

if your still at a stalemate with this then checking out cctv footage is a good idea

hope all turns out well.

[General Baxter]

http://motinfo.direct.gov.uk/interne...CSIDDispatcher

put your reg and v5 number in there, see if it passed mot first,

[Novasport]

Sorry to see your loss mate Gives the motor industry a bad name. Glad I work for a garage, at least I can keep an eye on my cars when they are in for MOT etc. Not that they would do anything as we have a great, honest bunch of lads work there. Something to be said for using main dealers, you have more of a come back on them

I would get your car parked outside the garage with a poster in it saying 'Blowjob motors(Or whatever they are called) crashed my vehicle, would you trust them with yours?'
That would make them think twice if you get no joy any other way. Not good for business!

We had a customer sat in Peugeot headquarters for the day greeting every member of staff & vistor with a hand shake and said 'Hi I am ******* and I own a 206cc with a roof leak they cannot fix' They quickly gave him his money back