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[JamesV6CDX]

Does the garage know what you do (did?) for a living?

It’s do as opposed to did (17 years now!). I won’t be there forever but currently still serving. I left Uniform a few years ago and went into the detective arena with a focus on fraud, high level drug supply and sexual offences.

But the garage don’t need to know this and it would be inappropriate of me to say so. I’m just a member of the community who is pissed off with a garage trying to fleece me.

The MOT tester has emailed me tonight after the business have received my claim. I’ll update the forum later or in morning as I’m just off out

 

[JamesV6CDX]

the time and cost and hassle of bringing a SCC claim ,not so much 

I agree in principle but that’s what these shady bastards rely on.

I don’t even care if it costs more than I gain. They’ve fleeced lots of local people and now they’ve got the wrong one.

[Raeturbo]

Does the garage know what you do (did?) for a living?

It’s do as opposed to did (17 years now!). I won’t be there forever but currently still serving. I left Uniform a few years ago and went into the detective arena with a focus on fraud, high level drug supply and sexual offences.

But the garage don’t need to know this and it would be inappropriate of me to say so. I’m just a member of the community who is pissed off with a garage trying to fleece me.

The MOT tester has emailed me tonight after the business have received my claim. I’ll update the forum later or in morning as I’m just off out

                  I’ll look forward to that👍

[dave the builder]

the time and cost and hassle of bringing a SCC claim ,not so much 

I agree in principle but that’s what these shady bastards rely on.

I don’t even care if it costs more than I gain. They’ve fleeced lots of local people and now they’ve got the wrong one.

I hope your actions do make the garage change their ways ,and that you get suitably compensated ,

Not enough people can be bothered to make a stand against fraud, theft and injustice 
Sadly police don't have the money or bodies , and the CPS and courts are only interested if it's a guaranteed 100% win 
putting Joe public off the idea of even bothering to report crime anymore , let alone pursue a claim/case . 
leaving the criminals to destroy people's lives and what was once a "GREAT " Britain .

[Kevin Wood]

Have you reported the MOT centre to VOSA / DVSA / whatever bit of the DFT runs them these days as well?

I'm sure they'll be interested...

[Doctor Gollum]

Did they actually change the pads? 

[dave the builder]

Did they actually change the pads? 

Or the "bulb" 
because a bulb tends to work or not = pass or fail 
the exceptions being "multiple bulbs in number plate lights ,(pass and advise )
indicator bulbs not showing orange (because the coating has come off)   fail   

[JamesV6CDX]

Brief update only, because I’m up early.

I’ve got an email but it’s from the MOT tester himself - personally, and not the garage as such.

He’s said that’s he “as an individual got it wrong” and as such is prepared to pay my whole bill from his own pocket to settle and close the court case.

To me this smacks of the manager exploiting him and “taking it out of his wages” to gloss over the fact the garage themselves have ripped me off.

It would be very easy for me to take the money now and mark the case as satisfied on the online court portal.

But my moral compass tells me I should decline his offer because my claim is against his employer and not any individual employee.

I also think I should further exhibit his messages to the court, to show how the owner is trying to throw his staff under the bus, despite the fact he is clearly unscrupulous.

[Doctor Gollum]

Have they not heard of GDPR Actually quite a serious breach.

And did they actually change the pads?

[JamesV6CDX]

And did they actually change the pads?

I’m planning to have a proper look at their work on Monday, sadly I’m flat out until then

[dave the builder]

Do a search on Companies house ,the "tester" may be the Garage owner 

If i worked as a lorry driver and my boss said "drive that lorry with 10 bald tyres ", I have a choice ,
it's my driving licence , my tacho card i'm using , if i decide to to do it 

The tester put his VOSA card in the VTS device's reader, entered his log-in ,
OR...
he allowed someone else too 

"car not present during test" = car was still in the car park ,or elsewhere when the test was performed is a thing 
Log on as doing a test ,get a spotty  youth trainee to check the lights ,belts ,tyres etc , give the car a once over later in the day when the ramp is clear . fix fails, charge presenter for work .


Why ?   
Because the tester has to log on to the VTS to do a test , and a test is expected to last 30-45 mins and it's time stamped on the system .

Is that the case here    I couldn't possibly comment      
 

[Doctor Gollum]

And the garage has no business passing your information to it's staff for ANY purpose without your express, written consent.

If they gave the tester your email address, did they also give someone else your actual address or phone number or card number

[JamesV6CDX]

I responded to the garage and made it clear that the MOT tester was not personally liable for settling my claim - it had to be the garage (or the proprietor) paying, because it was the garage I logged the case against.

I also replied to the MOT tester, (CC'ing the garage) thanking him for his offer,  but declining it because the garage must pay. In the same email I told him to seek employment or trade union advice if his employer employed the unlawful practice of docking his pay for his "mistake".

A full refund has been issued back to my card, today, by the garage, plus the £35 court fee.

In terms of time / cost, don't ever be concerned about going to small claims court if you think your case is strong.

It was a walk in the park to log the case, and all done online. Also, if you win, you get your court fee paid by the defendant - as I have in this case.

What people don't realise is that in the small claims court, your case doesn't have to be proven beyond all reasonable doubt, like the criminal standard - simply the "balance of probabilities" which in reality means, it's more likely than not you are telling the truth. So, if the court think there's a 51% chance you're in the right, that will sway it your favour.

[Rangie]

What an excellent result & well deserved 👍

[Sir Tigger KC]

Well done James!