NCT Destruction of Property...who's liability?

chef_teacher · 16-11-2014 9:52pm #1

I had my NCT test booked on the evening of Friday 14th November.
I purchased the car on Tuesday of the previous week, the interior was in perfect condition and after the test (only on Sunday when I saw it in the daylight) I noticed that there was damage to the driver seat and driver arm rest on the door. The arm rest upholstery is scuffed and there is a small hole and scratches made to the seat on the right hand side on the back rest if the seat. Considering that the inspection of my car when I purchased it by myself, partner and mechanic and before the NCT when I cleaned out the car for the inspection and there was no damage to the interior. In fact, my family and I commented on how great it was that the car interior was in such perfect condition.
I can only conclude that the damage occurred during the test perhaps by a tool left in the inspector mechanics pocket or something like that and rubbed off it.

Just wondering, who is going to be liable for the damage? I have mailed the customer care team at NCT offices... I did not sign any waiver or anything before inspection.

Stheno · 16-11-2014 9:53pm

I'm faiy certain there is a standard waiver in the terms and conditions absolving McRae of responsibility for any damage

pippip · 16-11-2014 9:55pm

Unless you can prove they damaged it (video evidence) then you have no chance i'm afraid.

Sorry, i know its not what you want to hear.

chef_teacher · 16-11-2014 9:57pm

I've heard people mention it before... and I know there are signs exhuming them for certain liabilities but surely there must be some sort of consumer protection as it is a legal requirement and government enforced thing to have the NCT and for it to be completed in their own test centres..?

Stheno · 16-11-2014 10:00pm

chef_teacher wrote: »

I've heard people mention it before... and I know there are signs exhuming them for certain liabilities but surely there must be some sort of consumer protection as it is a legal requirement and government enforced thing to have the NCT and for it to be completed in their own test centres..?

Nope, e.g for diesels they rev the bejaysus out of them as part of the test.

I did once have them refuse to test a car as it sounded serously dodgy. They we're probably right as the belt was close to blowing on it

chef_teacher · 16-11-2014 10:03pm

Hmm, if I'm not satisfied with their response then perhaps I will try get written confirmation from my car dealer and the pictures he has prior to the test as evidence, although it isn't exactly a before and after comparison when there is a few days inbetween.

This is really annoying me as I take such pride in my car and perfect interior was a reason why I even bought the car, now it is badly damaged.

chef_teacher · 16-11-2014 10:07pm

Has anyone had to deal with the NCT via any sort of correspondense like email, phone call etc.? Are they pleasant to deal with, helpful etc.? Or am I in for a battle...

Stheno · 16-11-2014 10:10pm

chef_teacher wrote: »

Has anyone had to deal with the NCT via any sort of correspondense like email, phone call etc.? Are they pleasant to deal with, helpful etc.? Or am I in for a battle...

I only know of one person who got anywhere with a complaint and that was someone in the legal profession

I'm curious to see the damage could you post before and after pics?

stimpson · 16-11-2014 10:12pm

Shouldn't be a battle. Small claims court should sort it.

the_syco · 16-11-2014 10:16pm

Stheno wrote: »

I'm curious to see the damage could you post before and after pics?

This. Without them, I'd say the NCT's waiver would probably cover them.

chef_teacher · 16-11-2014 10:25pm

I'll post pics next opportunity I can. The damage isn't big enough to warrant a kicking and screaming match but the OCD within me knows I can''t live with the imperfections

Stheno · 16-11-2014 10:29pm

chef_teacher wrote: »

I'll post pics next opportunity I can. The damage isn't big enough to warrant a kicking and screaming match but the OCD within me knows I can''t live with the imperfections

I suspected as much tbh and would think on that basis you won't get very far

Hachiko · 16-11-2014 10:30pm

so let me get this right, a S class merc with seats worth quite a considerable amount of euro get sat into by joe bloggs from random NCT centre, said joe has a stanley knife in his rear pocket and duly goes about checking all the 1 million dash lights to see are the working, oblivious to him tearing all the seats apart in the process.

joe goes about testing the rest of the car and hands key to owner, nice car here is your pass cert he goes and goes to make a hard earned cuppa.

thats it...? no come back at all. wtf.

chef_teacher · 16-11-2014 10:30pm

Even tho it isn't a major thing like a slash across the seat doesn't mean damage wasn't done of their fault and I will have to fight as best as I can. Depending on how they react that is.

chef_teacher · 16-11-2014 10:32pm

Hachiko wrote: »

so let me get this right, a S class merc with seats worth quite a considerable amount of euro get sat into my joe bloggs from random NCT centre, said joe has a stanley knife in his rear pocket and duly goes about checking all the 1 million dash lights to see are the working, oblivious to him tearing all the seats apart in the process.

joe goes about testing the rest of the car and hands key to owner, nice car here is your pass cert he goes and goes to make a hard earned cuppa.

thats it...? no come back at all. wtf.

Dead right, that there is the point. I'm curious to see what they reply with.

ardle1 · 16-11-2014 10:48pm

The waiver is only signed by you, basically telling them your 'engine' is fit to be tested and won't blow up or throw a belt when tested. Your not signing your car over to be scratched, poked, ripped etc etc......
Who in Gods name would sign for that, or who in Gods name would expect anyone to sign up for that, that's a pure nonsense...
Of course NCT will compensate you, proving will take time. I'm sure... Good Luck anyway

Hachiko · 16-11-2014 11:27pm

a rip in a car seat is a big issue mind you, depending on the seats but in most cases it it not just 'any old thing, ahh tis grand shur'.

call joe etc...!

Stheno · 16-11-2014 11:36pm

I just googled NCTS damaged car OP you might find it useful

Gumbo · 17-11-2014 1:20am

They broke my window winder many years ago n my Honda Civic. I successfully got them to pay to replace it by Tom CanavansHonda in East Wall.

chef_teacher · 17-11-2014 11:10am

kceire wrote: »

They broke my window winder many years ago n my Honda Civic. I successfully got them to pay to replace it by Tom CanavansHonda in East Wall.

Was it difficult for them to admit liability?

Gumbo · 17-11-2014 6:31pm

chef_teacher wrote: »

Was it difficult for them to admit liability?

From what I recall no, I sent a letter, photos and a quote to fix it. I copped it straight away and called the tester out and asked what did he do. He had neatly placed the bits back in the centre console so they couldn't dispute it.

bucketybuck · 17-11-2014 6:59pm

chef_teacher wrote: »

I can only conclude that the damage occurred during the test perhaps by a tool left in the inspector mechanics pocket or something like that and rubbed off it.

I still can't see how you can prove they damaged your car? You are operating on an assumption only.

You didn't say anything at the time, during or after the test. Now you are ringing them days later to say that they scuffed the seat on your car? Lets be honest, you can't really expect any response in this situation, even the most decent of centre managers is going to raise an eyebrow at your claim. Blame the legions of chancers out there for that.

I'm not saying they did or didn't damage it, I wasn't there, but you have no proof!

chef_teacher · 18-11-2014 2:24pm

bucketybuck wrote: »

I still can't see how you can prove they damaged your car? You are operating on an assumption only.

You didn't say anything at the time, during or after the test. Now you are ringing them days later to say that they scuffed the seat on your car? Lets be honest, you can't really expect any response in this situation, even the most decent of centre managers is going to raise an eyebrow at your claim. Blame the legions of chancers out there for that.

I'm not saying they did or didn't damage it, I wasn't there, but you have no proof!

I didn't say anything at the time because it was almost 9:30pm and very dark, I didn't notice it. As soon as I got into my car when it was daylight I saw the hole and scratches and mailed them straight away. It is an assumption, but a logical one as it is a newly purchased and inspected car, I had vacuumed it that day prior to the test with nothing there, then suddenly there is a hole after the NCT. I can see the loop holes they can use against me, hence why I'm asking for advice on this.

bucketybuck · 18-11-2014 3:28pm

chef_teacher wrote: »

I can see the loop holes they can use against me, hence why I'm asking for advice on this.

But its not even a case of looking for loopholes. Sure, you may be convinced that they did it, but how can the centre manager take you at your word? He might be the most reasonable man ever but you have to have something more than just "I think you did it".

I run a workshop, and I always, always stand over our work. If we mess up then we put it right, thats how we do business. But we can't bend over for every person that comes back a week later claiming we damaged something, because there are legions of people out there who will gladly chance their arm and lie their heads off if they thought it would get them something free. Say a guy lifted his vehicle here and then came back 3/4 days later claiming we put a dent in the door, or a scuff in the seat. Nothing was reported at the time and we had no inkling of any problems. How are we supposed to know if it is a genuine case or if the guy is a chancer who clipped a bollard after leaving and thinks this is a handy way to get free repairs?

We had a guy once who accused us of stealing the radio from his van. It was in the van when he left it here and we were the only ones who could have taken it, etc etc. Swore blind it had to have been us, demanded we put it right or else letters to press/solicitors etc etc. We held our ground and eventually it turned out that it was his workmate who had perfectly innocently taken the radio out for god knows what reason. If we had taken the guy at his word we would have been out the cost of a radio for no fault of our own.

I am certainly not saying you are one of the chancers, I'm just saying I can sympathise with the NCT manager if he feels this isn't his problem.

chef_teacher · 19-11-2014 9:50pm

Hachiko wrote: »

so let me get this right, a S class merc with seats worth quite a considerable amount of euro get sat into by joe bloggs from random NCT centre, said joe has a stanley knife in his rear pocket and duly goes about checking all the 1 million dash lights to see are the working, oblivious to him tearing all the seats apart in the process.

joe goes about testing the rest of the car and hands key to owner, nice car here is your pass cert he goes and goes to make a hard earned cuppa.

thats it...? no come back at all. wtf.

bucketybuck wrote: »

But its not even a case of looking for loopholes. Sure, you may be convinced that they did it, but how can the centre manager take you at your word? He might be the most reasonable man ever but you have to have something more than just "I think you did it".

I run a workshop, and I always, always stand over our work. If we mess up then we put it right, thats how we do business. But we can't bend over for every person that comes back a week later claiming we damaged something, because there are legions of people out there who will gladly chance their arm and lie their heads off if they thought it would get them something free. Say a guy lifted his vehicle here and then came back 3/4 days later claiming we put a dent in the door, or a scuff in the seat. Nothing was reported at the time and we had no inkling of any problems. How are we supposed to know if it is a genuine case or if the guy is a chancer who clipped a bollard after leaving and thinks this is a handy way to get free repairs?

We had a guy once who accused us of stealing the radio from his van. It was in the van when he left it here and we were the only ones who could have taken it, etc etc. Swore blind it had to have been us, demanded we put it right or else letters to press/solicitors etc etc. We held our ground and eventually it turned out that it was his workmate who had perfectly innocently taken the radio out for god knows what reason. If we had taken the guy at his word we would have been out the cost of a radio for no fault of our own.

I am certainly not saying you are one of the chancers, I'm just saying I can sympathise with the NCT manager if he feels this isn't his problem.

Valid point, I can see the point of view from that side for sure, just hoping something comes from it rather than frustration.

NCT Destruction of Property...who's liability?

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