Citroen DS3 - Citroen dealership caught speeding in my car

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Tue 26 Jun 2012 19:32
Citroen DS3 - Citroen dealership caught speeding in my car - lewis crichton

have had an issue with my local citroen dealership where a member of their staff has been caught, without my permission, using my car for personal use, and caught speeding, whilst it has been in for warranty repairs.

the car went in with engine issues, sudden loss of power and no acceleration. the garage has had three oportunitys to fix the car. the first time they did a software reset and gave it me back. the second time they replaced the timing chain and other associated parts. the third time they replaced the fuel pump. the car is, for now, OK but I've now had a letter from the police over an alleged speeding offence. this is dated to a Sunday, at 16:00, outside of business hours, at a time when i did not have possession of the car and had not given permission for the person who used the car permission to do so. surely this is classed as theft

i would like to refuse the car and have my initial deposit refunded. the car is now 13 months old, i have owned it from new, having bought it from the garage where this offence has taken place

advice would be greatly appreciated.

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Tue 26 Jun 2012 20:07
Citroen DS3 - Citroen dealership caught speeding in my car - Bromptonaut

Theft requires an intention to permanently deprive.

If it's an intermittent fault that diagnosis and substitition of parts has not solved then having a staff member use it for weekend might be a reasonable course. Should have been cleared with the customer though.

I'd be taking the speeding ticket to the garage along with proof that vehicle was in their custody at time and requesting a word with the manager. See what they say. They should know who had it and furnish you with information to satisfy plod/SCP. No need to mouth off about fact but implication that a local paper would find the story irresistable is a good negotiating point.

You're very unlikley to succeed in refusing the car. Set a realistic best outcome and a negotiable fallback.

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Tue 26 Jun 2012 20:15
Citroen DS3 - Citroen dealership caught speeding in my car - RT

Although I can imagine how you feel, forget rejecting the car - you've had it too long for that.

Remember to respond, IN TIME, to the NIP which requires you to name the driver - I suggest naming the service manager at the dealer's address and add a covering letter explaining the circumstances.

As above, set yourself a negotiating position and remember they're on the back foot all the way.

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Tue 3 Jul 2012 15:08
Citroen DS3 - Citroen dealership caught speeding in my car - concrete

Hello lewis, The offence is 'Taking without Consent' and although serious the garage may use the 'road test' argument, which will muddy the waters. In any event they have a dilema to sort out. I would take the NIP to the garage and offer to write in the name of the service manager. I bet you he soon comes up with the culprit, and their name can go forward to the police. Then of course they have to explain why, not only was your car being 'road tested' at 4pm on a Sunday when the workshops were presumably shut but also why it was necessary to exceed the speed limit to test the car. Despite all this I don't think you have a realistic hope of rejecting the car after 13 months and this occurance cannot be used as a reason for rejection, being a totally seperate matter. It does mean though that you have a good position for negotiating either some free servicing at least, or a possible advantageous trade in for a different car. Certainly the prospect of being reported to the local newspaper, or even Citroen, would be hugely damaging for their reputation so they have an incentive to 'play nicely'. Let us all know the outcome. Good luck. Concrete

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Tue 3 Jul 2012 15:41
Citroen DS3 - Citroen dealership caught speeding in my car - Peter D

Was this letter a Notice of Intention to Prosecute with an S172 for you to identify the driver/keeper at the time. If so Complete the S172 with the name of the service manager and the Dealers address. Take a copy and return it to the sender via special recorded delivery. I assume you are sure that they had the car. Regards Peter

Edited by Peter D on 03/07/2012 at 15:44

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Wed 4 Jul 2012 19:32
Citroen DS3 - Citroen dealership caught speeding in my car - ifithelps

I agree it looks likely the speeder was a member of the garage's staff, but do you know this for sure?

It might have been the mechanic's brother, so best not to go into the garage all guns blazing, because you may look stupid which will weaken your position.

Do you have the driver's name?

The NIP should be addressed to you.

There is a considerable legal onus on you to name the driver.

Simply 'naming' the garage's service manager is not good enough.

Contact the garage, give them all the details you have, and ask them for the name.

If they refuse, you can at least tell the NIP people you have tried.

Whatever you do, make sure you deal with the NIP, your problems with the car are entirely separate and are no excuse for not dealing with NIP.

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Thu 5 Jul 2012 15:41
Citroen DS3 - Citroen dealership caught speeding in my car - concrete

I agree it looks likely the speeder was a member of the garage's staff, but do you know this for sure?

It might have been the mechanic's brother, so best not to go into the garage all guns blazing, because you may look stupid which will weaken your position.

Hello ifithelps, I agree with most of what you say, but have my doubts about the comments above. The car was in the care of the garage. If one of their staff was using it legitimatley, it raises two questions; who gave permission to use a customers car? And for what purpose? A test drive is one thing, a weekends motoring is another.

Also if a member of staff had the car and then allowed a third party to drive it then that is beyong the pale and borders on 'taking without consent'. Of course this chap must go into the garage, how else is he to find the name of the driver for NIP? How can it weaken his case or make him look stupid to confront the Service Manager with this evidence of having his car misused? I would be on the doorstep the next morning waiting for him. Cheers Concrete

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Thu 5 Jul 2012 16:20
Citroen DS3 - Citroen dealership caught speeding in my car - Dwight Van Driver
I

Edited by Dwight Van Driver on 05/07/2012 at 16:30

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Tue 17 Jul 2012 15:56
Citroen DS3 - Citroen dealership caught speeding in my car - concrete

Hello all, is there any update about this matter? I would like to know the reaction of the Service Manager when you asked for his details to put into the NIP. Cheers Concrete

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