Legal question - Garage disposed of tyres they were storing

Legal question - Garage disposed of tyres they were storing

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James B

Original Poster:

1,300 posts

243 months

Wednesday 23rd April 2014
quotequote all
A colleague of mine had his wife put her car into a garage at the tail end of last year to have her summer tyres removed and some winters fitted. For an additional £20 the garage then offered to store the summer tyres until she needed them and would then swap them back round; at a cost.

So today she turned up to the garage only to find that they have disposed of her summer tyres citing that they "thought she didn't need them any longer" and they "needed the space".

She seems to feel she has no recourse against them as they have given her the very blunt response above.

I don't know if she has a receipt etc for the storage but on the basis she did I would assume it could be taken to Trading Standards for them to pursure. Without a receipt i guess it's her word against theirs?

Has anyone any experience of this type of situation?

Thanks

James

Rovinghawk

13,300 posts

157 months

Wednesday 23rd April 2014
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They took money to store them & then failed to store them.

Seems a fairly straightforward breach of contract to me.

Being cynical, I wonder whether they threw them away (incurring disposal charges to do so) or fitted them on another car as part-worns.

Andehh

7,107 posts

205 months

Wednesday 23rd April 2014
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If she has paperwork or a receipt then dead easy to sort, money claim it if they don't play ball, I then no receipt she hasn't a hope in hell of proving any of it.

James B

Original Poster:

1,300 posts

243 months

Wednesday 23rd April 2014
quotequote all
Thanks for the comments.

I have established that she does, infact, have the receipt.

She is going to speak to Trading Standards and see what they make of it.

Cyberprog

2,186 posts

182 months

Wednesday 23rd April 2014
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Andehh said:
If she has paperwork or a receipt then dead easy to sort, money claim it if they don't play ball, I then no receipt she hasn't a hope in hell of proving any of it.
This. I wouldn't bother with trading standards, they most likely won't be interested.
I'd pop in with the receipt for storage and ask them to supply a new set of tyres. If they won't play ball, then you'll have to get a new set fitted elsewhere, and sue them for the cost of them, less a proportion depending on how worn they were, plus the storage charge. You wouldn't reasonably be able to reclaim the fitting fee if there is one, as that would not have been part of the storage arrangement.

Rockatansky

1,697 posts

186 months

Wednesday 23rd April 2014
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As this was originally posted in the Scotland forum I guess that it may have happened in Scotland, therefore Money Claim doesn't apply IIRC.

GC8

19,910 posts

189 months

Wednesday 23rd April 2014
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Receipts aren't required. It isn't a criminal case so you only need to make a convincing argument to the DJ (or whatever they have in the Scottish equivalent of County Court).