UK shipping court case fun

Quickstop [UK]

Combating adversyty.
From: mark.edwards
Sent: 30 June 2009 13:05
To: office@europeanservicesuk.co.uk
Subject: GMC Typhoon

Dear Debbie,

Thanks for arranging transport of my GMC Typhoon last week. I gather it was delivered promptly and I was very happy although I have been informed that the vehicle was damaged in transit.

Your driver Lee spoke to me and told me that a strap had failed going over a bump and that the car slipped and part of the body kit was cracked in the process.

Please could you tell me how to proceed with obtaining a replacement and repairing the damage?

regards,

Mark

Mark F. Edwards (GRCB)

******************************************

From: European Services UK Limited [mailto:info@europeanservicesuk.co.uk]
Sent: 30 June 2009 13:42
To: Edwards, Mark : GRCB
Subject: RE: GMC Typhoon

Hi Mark

I have just spoken to Lee and this is the situation. The vehicle was not roadworthy and had to be winched onto our trailer. The guy who we collected it from was in the car whilst it was being winched onto the trailer and Lee asked him once it was safely winched onto the trailer to put the handbrake on and to leave vehicle in gear which he failed to do as there was no interior whatsoever inside the car and he did not know what gear it was in because of this and this is the reason that it slipped.

On every vehicle movement that we do we fill in a vehicle condition report on the state of the vehicle upon collection which lee filled in and on the top of that report it says “acceptance and acknowledgement that accidental damage may be caused as a result of moving a disabled vehicle” which the guy at collection signed for and agreed the damage etc.

We also obtain a signature on delivery which was obtained in Netherlands and Lee did write on the condition report damaged on route and the report also says upon signature “accepted at delivery point as per condition report above”.

In light of this as both parties have signed and agreed to the damage there will be no claim issued against our insurance.

However I do apologize that the vehicle was damaged in transit.

Thanks

Debbie

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From: mark.edwards
Sent: 30 June 2009 14:30
To: info@europeanservicesuk.co.uk
Subject: RE: GMC Typhoon

Debbie,

I made very clear that the vehicle could not be driven when I bid on shiply.com. If you recall, your first bid was on the basis of driving it rather than having it trailered at which time I said that it was not roadworthy.

It would have driven up the ramp if as requested on the phone the driver had taken a can of petrol. The gentleman that called me to take payment agreed that he would make sure this happened.

Also, the two signatories at each location have no ownership of the car nor were they paying for it. As the owner and person paying, I am amazed that no-one had the foresight to call me and make sure that I was happy to accept the risk with no handbrake and no footbrake.

The parking brake DOES work, as does the transmission brake, both of which would have taken 5 seconds to confirm had anyone called me and prevented the accidental damage.

Regardless, it was not the job of GM Automatics to make sure the parking brake was as my contract was with United Couriers, not GM Automatics.

The statement of acceptance merely assures that no further damage can be claimed for after delivery in case I were unscrupulous and suggested that other damage had occurred.

I would therefore ask you to reconsider raising a claim against the insurance as I am not at all happy with this situation. What is the point of having insurance if you can’t repair damage to my vehicle? The insurance is there in case it happens and it is the transporter’s job to minimise the chances.

Please advise how you wish to proceed.

Regards,

Mark Edwards

***********************************************************************
From: European Services UK Ltd [mailto:info@europeanservicesuk.co.uk]
Sent: 01 July 2009 00:40
To: Edwards, Mark : GRCB
Subject: RE: GMC Typhoon

Mark

If the parking and transmission brake did work then the guy did not know how to apply them.

The 2 signatories signed on your behalf as you were not present. My drivers are on a very tight schedule and I am sure that if the guy at Dagenham did not sign on your behalf my driver would not have taken the car (which I am sure you would not have wanted) as if we do not obtain a signature then we leave the car and vice versa n Netherlands we would have bought the car back as we do not leave vehicles with no signature at a further cost to yourself (again which I am sure you would not have wanted).

If I submit the condition report to my insurance company they will just return it back to me as there are 2 signatures which state that both parties accepted the condition of the vehicle on your behalf.

I would also like to point out that my driver was kept waiting for 2 hours for somebody to turn up which we normally charge at £25 per hour and I have not passed that onto you so that should cover the cost of the damage.

If you want to proceed with an insurance claim then we will charge you the £50 for the waiting time. The choice is yours.

Debbie
**************************************************************************

From: mark.edwards
Sent: 01 July 2009 10:18
To: info@europeanservicesuk.co.uk
Subject: RE: GMC Typhoon

Debbie,

Please forward me a copy of your insurance certificate. I also did not authorise the remainder of the balance to be paid so I will be blocking the transaction with my bank.

The damage to the car is considerably more than £50.

If you do not offer to pay for the damage and claim on your policy then I will be forced to undertake legal proceedings to recover the money to pay for the damage caused by your companies negligence.

Regards,

Mark Edwards

***********************************************************************

From: European Services UK Limited [mailto:info@europeanservicesuk.co.uk]
Sent: 01 July 2009 12:05
To: Edwards, Mark : GRCB
Subject: RE: GMC Typhoon

Mark

I am now handing this over to my transport manager to deal with as you are not accepting anything that I have said. I was prepared to help you with this as much as I could by explaining everything but your attitude towards this situation is by far unsatisfactory. With reference to your feedback that you have left where in my emails have I stated that our insurance is invalid? I will be quite happy to email/fax over a copy of our insurance just to prove that I am not lying which is what you have implied and which I take offence to. I run a reputable company.

I will see you in court.

Debbie

*****************************************************************

Debbie,

Further to my e-mail requesting a copy of the insurance certificate, I have received no response.

Please send this or direct me to the person who deals with this.

In addition, I would like a copy of the waiver form signed at the collection address as well as the form signed at delivery which details the damage done to my vehicle.

I would like to take this opportunity to repeat my offer to settle this without going to court but if I hear no response by the end of today then I shall have no option but to issue a claim notice.

I hope you will do the right thing.

Regards,

Mark Edwards

************************************************

From: European Services UK Ltd [mailto:info@europeanservicesuk.co.uk]
Sent: 03 July 2009 10:15
To: Edwards, Mark : GRCB
Cc: info@unitedcourier.co.uk
Subject: RE: GMC Typhoon

Hello

I will be happy to provide all the info to the court.

So I look forward to the court paperwork.

And as for call up my driver if you have any problems call us not my driver.

Also if you have stopped payment with your bank then we will also be issuing court papers.

Many Thanks

Kevin Belfall

Director

European Services UK Ltd
*******************************************************************
 

Quickstop [UK]

Combating adversyty.
Re: UK shipping court case fun

Kevin and Debbie,

Having spoken with Lee again, he tells me that you are unwilling to make a claim on your excess as it is £500 despite the amount I am asking for being only £250. This is beside the point. Your company is responsible for the damage to my vehicle.

Debbie tried to charge me for a 2 hour wait when Lee has told me that he was only there for 30 min. I am now considering pursuing charges of fraud with the police. This can be verified by GM Automatics as they arrived at 0930, not 1100. This will be very easy to prove in addition to mobile telephone records to your office.

To date you have failed to provide me with your insurance certificate.

I will also notify www.shiply.com of this behaviour as well.

The court will request to see the forms stating the vehicle was damaged in transit, which you have in your possession.

Lee admits he damaged it while working for you.

GM Automatics will be able to testify that the vehicle was not damaged when it left.

I have a witness in Holland that I will fly over to testify that the vehicle arrived damaged. You will pay his travel costs as well as his loss of earnings.

The e-mail trail above proves that your company admits it was in error.

I am trying to do us both a favour by offering you an easy way out. Pay the £250 for the repair to my vehicle. Notice this is a repair. If I want to replace the parts then it is £400 for the part and the paint on top, around £200 once it has been matched with the rest of the vehicle, so 600 all in.

If you don’t reply in the next hour with a refund to my bank account of the £250 for the repair then I’ll proceed with claiming for the full amount. I estimate this to be in the region of:



400 parts

200 paint

50 earnings (me)

50 earnings (witness 1)

50 earnings (witness 2)

200 travel costs (witness 1)

25 travel costs me

65 court fees

TOTAL = 1035.

I really would advise you to pay back the £250.

Regards,

Mark Edwards
 

Quickstop [UK]

Combating adversyty.
Re: UK shipping court case fun

yeah but for the cost of the court fee I at least have some entertainment to look forward to...

it'll make a good story if nothing else..
 

Captain Morgan

Moderated User
Re: UK shipping court case fun

give them hell man! from what I can see, they are being completely ignorant to any wrong doing and they will probably continue to do so until someone puts them in their place. Best of luck!
 

Quickstop [UK]

Combating adversyty.
Re: UK shipping court case fun

thanks :D

Really hope I win - while my truck is away I need something else to keep me busy.

Then I need to sort out the guy who "built" my tranny if that proves the be the case!
 

Andreas

New member
Re: UK shipping court case fun

Priceless, well written in every email :)

Let us know how it goes.
 

UK-Ty

Ty Crazy
Re: UK shipping court case fun

Mark while i agree with you totally i must say i have had a few dealing in court and with a shipping company I'm sure they have been there before many times and know all of the loop holes:roll: so if its your insurance that will pay if you lose no prob, but if its you that could end up with the legal bill be prepared to be more pissed off than you are now. Sorry mate but being in the UK being right don't mean shit in court:(. Sometimes you just have to suck it up.:doh:

Good luck mate.
 
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Quickstop [UK]

Combating adversyty.
Re: UK shipping court case fun

Priceless, well written in every email :)

Let us know how it goes.

Thanks mate :D

Mark while i agree with you totally i must say i have had a few dealing in court and with a shipping company I'm sure they have been there before many times and know all of the loop holes:roll: so if its your insurance that will pay if you lose no prob, but if its you that could end up with the legal bill be prepared to be more pissed off than you are now. Sorry mate but being in the UK being right don't mean shit in court:(. Sometimes you just have to suck it up.:doh:

Good luck mate.

Yeah but all that is necessary for evil to triump os for good men to stand and do nothing. I expect I'll probably end up with costs if I lose as the court has to decide if I am being unreasnable.

www.pistonheads.com thought I would win and have had some encouragement from someone else.

What is it about this damn truck..
 

powercat6

Active member
Re: UK shipping court case fun

Wow, they could have taken a minute to call you and ask how to activate the parking brake and this would have avoided any problems. Some people :tdown:
 

Flyin Ryan

hated cuz he drives fords
Re: UK shipping court case fun

I'd say you have a good case it just depends on whether or not the judge really cares to listen. good luck man and let us know how you make out
 

Quickstop [UK]

Combating adversyty.
Re: UK shipping court case fun

Thanks guys.

As for the damage, I understand from Bezerk that the driver's side cladding that runs below the door has a crack in it.

It could be repaired but dammit they messed me around so I want a replacement part. The paint is custom as well so that wil add up.
 

sly dvl

Ya, it's got a Turbo
Re: UK shipping court case fun

On every vehicle movement that we do we fill in a vehicle condition report on the state of the vehicle upon collection which lee filled in and on the top of that report it says “acceptance and acknowledgement that accidental damage may be caused as a result of moving a disabled vehicle” which the guy at collection signed for and agreed the damage etc.

You will have to prove beyond a doubt that the damage that occurred was in no way related to the fact that the vehicle was "disabled". Prove that the strap failed and you're in business.

I rented a Dodge Viper for my wedding weekend. Friday night the targa top flew off, leaving me with no roof for the rest of the weekend. The rental company was the last to attach the roof Friday morning upon picking up the vehicle.
Made no difference in court. I signed a rental agreement that stated "Renter is responsible for any and all damage, regardless of fault or cause". That added $2000 to the wedding... :rotf:
 

yar

Donating Member
Re: UK shipping court case fun

Have you checked with your insurance co. that covers your cars. they should cover any rental car you are driving.
Ray

I was talking to slv dvl about the targa top.
 
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