Dangerous work - involve the police?

[RobFrost]

I've got to the bottom of why the 3.2 bonnet flipped up.

A. The catch wasn't shimmed to the correct height, so the bonnet could be pressed down and stay, although the catch might not be properly engaged.

B. And more concerning, the end of the safety hook has been sawn off. It looks like this was necessary in order to compensate, to make it possible to engage the catch.

I spoke with the garage who fitted the bonnet and they said they don't owe me a duty of care, because they only reluctantly let the car out of the door with the bonnet how it was, having first warned the former owner that the bonnet catch wasn't right, and that it needed a new shut panel and catch, but he expressly said to do it that way.

The former owner, a motor trade professional, says he doesn't recall any such warning and he was unaware the car was unroadworthy when he sold it to me. If the garage had a serious concern, they should have put it in writing to him at the time and got him to sign a disclaimer.

In my view, as motor trade professionals regularly working together, they have a joint and several responsibility for clear communication of whether or not a car is roadworthy at the moment of handover.

I asked each of them to pay for the repairs and both declined.

Pictures show the safety hook with the hook end sawn off, and how the hook should be.




Sent from my SM-G988B using Tapatalk

[hot66]

He said she said … buyer beware etc .Unfortunately I’d say you’ve got no comeback no mater how frustrating it might be.

[gridgway]

If you think that's sawn off, you have a bigger eye problem than me. This is a joke thread isn't it?

[gridgway]

In my view, as motor trade professionals regularly working together, they have a joint and several responsibility

mmmm

[RobFrost]

If you think that's sawn off, you have a bigger eye problem than me. This is a joke thread isn't it?

The return of the hook is clearly sawn off, is that not apparent in the pictures? In person you can see the parallel hacksaw lines.

Conversation with garage owner went like this:

Me: you can't put cars out on the road like this because it endangers life. I could have been on a busy motorway with my kids in the car.

Garage owner who fitted bonnet: yes, yes, but your argument isn't with me, its with the guy who sold you the car because we warned him the catch wasn't right. It needed replacing and we only proceeded on his express instructions.

Me: that's not good enough because you owe a duty of care to future users of the vehicle

Garage owner: no, our duty of care is only to our customer because we warned him it should be replaced.

Me: I think in the future if someone asks you to do work like this then you should decline.

Garage owner: Yes.

Sent from my SM-G988B using Tapatalk

[sladey]

Wot James said.

Good luck involving the police!

[RobFrost]

Wot James said.

Good luck involving the police!

What If I recorded all my phone calls. Would your answer change then? I'm just curious whether this is a "you can't prove it" argument or "it's not a big deal" or "mechanics and motor trade professionals don't owe a duty of care to future car users".

Sent from my SM-G988B using Tapatalk

[Gary71]

Trading standards may be interested, but not the police.

[markm]

From personal experience rob you are wasting your time with the garage. Once the car has left them they will do or say anything that it’s not there fault. The fact you were not the customer at the time gives them even more reason to say it has nothing to do with them. You are in a no win situation

Let it go, move on

[Bootsy]

When was the work done originally? They'd be an argument it's held well for many years and has only now failed surely?

[911hillclimber]

Let it go Rob, you will get nothing but stress out of this. Get another catch and fit it yourself, your mind will be in a better place.

Over the years I've had these kind of experiences as we all have, people are not 100% and some are shysters well hidden, way of the world.
Police? No
Anyone else? FAR bigger fish to fry.

Springs getting close! get that bonnet etc fixed and give it a polish, better use of your energy imho.

[neilbardsley]

I afraid I have to agree. I'm not sure that the garage owns care of duty. I agree that the seller should of warned you but I have no idea if legally you have a case. If in doubt try the small claims court?

Sent from my M2004J19C using Tapatalk

[RobFrost]

Not long ago tbh, the car has probably done less than a thousand miles since and the bonnet opened and closed only three or four times I guess.

The whole point of having the secondary hook is to make sure you can get through many thousands of bonnet closes without having a fail.

Sent from my SM-G988B using Tapatalk

[Bootsy]

But the car has been modified - different bonnet for a start. Unless modifications are subject to an approval scheme such as the TUV in Germany surely any modification is on the acceptance of the new owner or the party instructing work to be done

Repair and move on

[Nige]

Unless the bonnet has flipped up and sent you and the car into a ditch then move on. New/used catch ain't much and is literally minutes to fit and driveable, though add up to hour fanny time to get it to sit right.