Kwik Fit won't release car. What are my rights?

Soul_Glo · 01-11-2019, 01:30 AM

I have a rust bucket when I need to go see my mum as she lives in a ghetto and refuses to move. All her social network is there and her favourite stores.

Anyhow so I take an old Polo to visit and yesterday I noticed a squeaky sound from the front end every time I went over a speed hump. So I was passing a KF where I have a friend. He knocked off early and the guy checking out the car said the front suspension bushes were shot.

I had a look for myself. They're not exactly cracked or falling off but do require replacement. So I called my friend in TPS who said he could have the part over in an hour. KF refused. They said it is their Monroe? Shock that comes with bushes or nothing.

They refused to allow me to drive the car and said it was unsafe. While I was trying to get hold of my KF friend they closed up shop! My car was inside!

Friend didn't have the keys so tried to ring another worker who wouldn't pick up.

I was livid. Still am. I had to Uber it to my mums in the end.

Can I do these people for anything? I don't know what the law is on compounding cars like that.

Thanks

Lincoln61 · 01-11-2019, 01:34 AM

I would say that is technically theft. Taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.

I would threaten to call the police as they have no right to impound it, they aren't the police or VOSA.

davyk31 · 01-11-2019, 01:48 AM

Yep get the Police on the little Hitler manager and request a meeting with the area manager.

isleaiw1 · 01-11-2019, 01:55 AM

Not sure its theft, pretty sure garages arent allowed to assist you in driving a car that is unroadworthy - although of course that is open to interpretation and application. Given your friend works there sure it wont be too difficult to sign a disclaimer that car will only be driven to a place where a more cost effective repair can be done, you have been advised it is unroadworthy by KF mgt and recognise the risks.

Lincoln61 · 01-11-2019, 01:57 AM

And the moral of this story is under no circumstances, ever, ever, ever take a car to Kwik Fit!!!

Its the automotive equivalent of taking a sick cow to the abattoir and expecting them to make it better!

Kyuuseishu · 01-11-2019, 02:00 AM

There were news stories when the new MOT (you didn't exactly go in for one, but road worthiness rules apply) rules were coming into force about your rights and what garages can and can't do.

This links to one of them.

They have no right to hold your vehicle even if it is unroadworthy. As said above, I would wholly get the police involved as they have gone beyond what they are allowed to do and have attempted to force/coerce you into buying their products.

isleaiw1 · 01-11-2019, 02:04 AM

Quote:

Originally Posted by Kyuuseishu

There were news stories when the new MOT (you didn't exactly go in for one, but road worthiness rules apply) rules were coming into force about your rights and what garages can and can't do.

This links to one of them.

They have no right to hold your vehicle even if it is unroadworthy. As said above, I would wholly get the police involved as they have gone beyond what they are allowed to do and have attempted to force/coerce you into buying their products.

An interesting article but it doesnt actually say you can drive off in your car, it says some garages will collect it.

Kyuuseishu · 01-11-2019, 02:16 AM

Quote:

Originally Posted by isleaiw1

An interesting article but it doesnt actually say you can drive off in your car, it says some garages will collect it.

From what I've read, unless the bushes are listed as a 'dangerous fault' (even though they didn't have an MOT test carried out) you are still allowed to drive the vehicle away as long as you have a valid MOT certificate.

From this website excessively worn bushes are only a major fault and therefore the vehicle can still be driven away.

SkyJawa · 01-11-2019, 02:33 AM

And this is why I’d never take my car to KF, Nationwide or any Autocentre type place, once your cars there it will suddenly need 500 quid of work.

Hope you get it sorted!

isleaiw1 · 01-11-2019, 03:18 AM

Quote:

Originally Posted by Kyuuseishu

From what I've read, unless the bushes are listed as a 'dangerous fault' (even though they didn't have an MOT test carried out) you are still allowed to drive the vehicle away as long as you have a valid MOT certificate.

From this website excessively worn bushes are only a major fault and therefore the vehicle can still be driven away.

I think that is a better line of attack than calling police - who frankly probably wont be that interested. Go armed with facts and ask them to explain why they wont release it and then prove them wrong....

Soul_Glo · 01-11-2019, 03:20 AM

I got it back this morning and have told the Police. The Police said you have it back there is nothing more to be done so leave it be.

He's a good mate so only for small bits like tyres it would be him only. He is a supervisor there. Otherwise I have never gone to a KF since learning the hard way as a teenager. My mate is royally pissed and has had words with the technician who was trying to make money out of me - final warning issued.

Anyhow I was allowed to drive it off after signing a disclaimer. I will change the bushes out myself in time.

It's a grey area. It has a valid MOT.

Never again.

Kyuuseishu · 01-11-2019, 03:20 AM

Quote:

Originally Posted by isleaiw1

I think that is a better line of attack than calling police - who frankly probably wont be that interested. Go armed with facts and ask them to explain why they wont release it and then prove them wrong....

That is most likely true, however the threat of it can go a long way even if they still refuse when presenting them with the facts. They have effectively impounded the car with no explanation which is beyond what they are legally allowed to do, so technically it is a job for the police. However with the challenges most police forces face something like this would be well down their list of concerns.

Goneinsixtyseconds · 01-11-2019, 03:33 AM

Even if you had got the police interested and there, surely it's not a great idea.

Kwik Fit don't have the power to take it off the road, but the police do. Would you really want them poking round an old scrapper with a Kwik Fit mechanic pointing out the faults to them?

Kyuuseishu · 01-11-2019, 03:38 AM

Quote:

Originally Posted by Goneinsixtyseconds

Even if you had got the police interested and there, surely it's not a great idea.

Kwik Fit don't have the power to take it off the road, but the police do. Would you really want them poking round an old scrapper with a Kwik Fit mechanic pointing out the faults to them?

If they've only checked the bushes I don't think the police are going to stick around for the full MOT check to figure out everything that is wrong when it has a valid MOT certificate. They have more pressing issues to deal with than towing a car with worn bushes surely.

Goneinsixtyseconds · 01-11-2019, 03:43 AM

Quote:

Originally Posted by Kyuuseishu

If they've only checked the bushes I don't think the police are going to stick around for the full MOT check to figure out everything that is wrong when it has a valid MOT certificate. They have more pressing issues to deal with than towing a car with worn bushes surely.

I didn't say that and it's irrelevant now because the car has been released.

If by some miracle the police had gone and Kwik Fit had stuck to their guns that it wasn't roadworthy, then of course the police would have at least listened why they thought that.

But, it is irrelevant, because they would never go.

Unless it was Chesterfield, where the police station is 100 yards from Kwik Fit and 150 yards from Dominos. Quick lunchtime stroll......

Craig-SM · 01-11-2019, 03:51 AM

Deleted

1966-TR4 · 01-11-2019, 06:46 AM

Quote:

Originally Posted by Kyuuseishu

If they've only checked the bushes I don't think the police are going to stick around for the full MOT check to figure out everything that is wrong when it has a valid MOT certificate. They have more pressing issues to deal with than towing a car with worn bushes surely.

If Kwik Fit made a good case to the police that the vehicle was dangerous or unroadworthy, the police could issue the owner with a PG9 or a VDRS, both of which would be a royal ballache for the OP to deal with I would have thought, and neither of which would involve the police towing anything anywhere.

Consett Mag · 01-11-2019, 10:14 AM

Looks like an over zealous technician going beyond his legally allowed actions. I'm not sure mind.

That story has put me off using them for anything though. Hope you've calmed down OP!

UsmanF30 · 01-11-2019, 10:41 AM

Was planning on using them for a set of Goodyears as they were the cheapest fitted. Might rethink that option now...

Lincoln61 · 01-11-2019, 10:43 AM

Quote:

Originally Posted by UsmanF30

Was planning on using them for a set of Goodyears as they were the cheapest fitted. Might rethink that option now...

Cheap is relative......come back when they have trashed your rims!

Goneinsixtyseconds · 01-11-2019, 11:37 AM

Quote:

Originally Posted by Lincoln61

Cheap is relative......come back when they have trashed your rims!

Used Kwik Fit loads of times to change tyres, never damaged anything yet. Each branch is as good as the people working there, same as any other company. In Chesterfield they have a good long serving manager who manages his staff well.

If you get your tyres done at BMW they are just as likely to damage them, probably more so as they do it less often.

TouringPleb · 01-11-2019, 03:55 PM

Quote:

Originally Posted by Lincoln61

I would say that is technically theft. Taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.

I would threaten to call the police as they have no right to impound it, they aren't the police or VOSA.

Absolutely not theft.

Theft is "dishonestly appropriate property with the intention of PERMANENTLY depriving the other person of it"

Civil matter all day long.

01-11-2019, 01:30 AM	#1
Soul_Glo Major General 13361 Rep 7,484 Posts Drives: G20 Join Date: May 2013 Location: Manhattan, NYC iTrader: (1)	Kwik Fit won't release car. What are my rights? I have a rust bucket when I need to go see my mum as she lives in a ghetto and refuses to move. All her social network is there and her favourite stores. Anyhow so I take an old Polo to visit and yesterday I noticed a squeaky sound from the front end every time I went over a speed hump. So I was passing a KF where I have a friend. He knocked off early and the guy checking out the car said the front suspension bushes were shot. I had a look for myself. They're not exactly cracked or falling off but do require replacement. So I called my friend in TPS who said he could have the part over in an hour. KF refused. They said it is their Monroe? Shock that comes with bushes or nothing. They refused to allow me to drive the car and said it was unsafe. While I was trying to get hold of my KF friend they closed up shop! My car was inside! Friend didn't have the keys so tried to ring another worker who wouldn't pick up. I was livid. Still am. I had to Uber it to my mums in the end. Can I do these people for anything? I don't know what the law is on compounding cars like that. Thanks
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01-11-2019, 01:34 AM	#2
Lincoln61 Captain 747 Rep 620 Posts Drives: 2018 430d Msport+ Join Date: Dec 2018 Location: UK iTrader: (0)	I would say that is technically theft. Taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. I would threaten to call the police as they have no right to impound it, they aren't the police or VOSA. __________________ Current - 2018 F32 430d M Sport+ Previous - 2013 F30 320d M Sport Previous - 2008 E92 320d SE
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01-11-2019, 01:48 AM	#3
davyk31 Major General 1045 Rep 6,947 Posts Drives: Macan GTS :-) & F40 M135i Join Date: Sep 2009 Location: Northern Ireland iTrader: (0)	Yep get the Police on the little Hitler manager and request a meeting with the area manager.
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01-11-2019, 01:55 AM	#4
isleaiw1 Lieutenant General 8810 Rep 12,268 Posts Drives: iPace / Mini Join Date: Jul 2016 Location: UK iTrader: (0)	Not sure its theft, pretty sure garages arent allowed to assist you in driving a car that is unroadworthy - although of course that is open to interpretation and application. Given your friend works there sure it wont be too difficult to sign a disclaimer that car will only be driven to a place where a more cost effective repair can be done, you have been advised it is unroadworthy by KF mgt and recognise the risks.
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01-11-2019, 01:57 AM	#5
Lincoln61 Captain 747 Rep 620 Posts Drives: 2018 430d Msport+ Join Date: Dec 2018 Location: UK iTrader: (0)	And the moral of this story is under no circumstances, ever, ever, ever take a car to Kwik Fit!!! Its the automotive equivalent of taking a sick cow to the abattoir and expecting them to make it better! __________________ Current - 2018 F32 430d M Sport+ Previous - 2013 F30 320d M Sport Previous - 2008 E92 320d SE
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01-11-2019, 02:00 AM	#6
Kyuuseishu First Lieutenant 164 Rep 398 Posts Drives: Who Knows Join Date: Apr 2016 Location: Yorkshire iTrader: (0)	There were news stories when the new MOT (you didn't exactly go in for one, but road worthiness rules apply) rules were coming into force about your rights and what garages can and can't do. This links to one of them. They have no right to hold your vehicle even if it is unroadworthy. As said above, I would wholly get the police involved as they have gone beyond what they are allowed to do and have attempted to force/coerce you into buying their products.
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01-11-2019, 02:33 AM	#9
SkyJawa Major General 3719 Rep 8,636 Posts Drives: F10 530d Join Date: May 2014 Location: Hampshire iTrader: (1)	And this is why I’d never take my car to KF, Nationwide or any Autocentre type place, once your cars there it will suddenly need 500 quid of work. Hope you get it sorted!
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01-11-2019, 03:20 AM	#11
Soul_Glo Major General 13361 Rep 7,484 Posts Drives: G20 Join Date: May 2013 Location: Manhattan, NYC iTrader: (1)	I got it back this morning and have told the Police. The Police said you have it back there is nothing more to be done so leave it be. He's a good mate so only for small bits like tyres it would be him only. He is a supervisor there. Otherwise I have never gone to a KF since learning the hard way as a teenager. My mate is royally pissed and has had words with the technician who was trying to make money out of me - final warning issued. Anyhow I was allowed to drive it off after signing a disclaimer. I will change the bushes out myself in time. It's a grey area. It has a valid MOT. Never again.
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01-11-2019, 03:33 AM	#13
Goneinsixtyseconds Banned 4280 Rep 7,703 Posts Drives: Q7 & Clubman JCW on order Join Date: Dec 2016 Location: Chesterfield iTrader: (0)	Even if you had got the police interested and there, surely it's not a great idea. Kwik Fit don't have the power to take it off the road, but the police do. Would you really want them poking round an old scrapper with a Kwik Fit mechanic pointing out the faults to them?
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01-11-2019, 03:51 AM	#16
Craig-SM Captain 325 Rep 709 Posts Drives: BMW 320d M Sport - F30 Join Date: Jan 2017 Location: Leeds iTrader: (0)	Deleted
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01-11-2019, 10:14 AM	#18
Consett Mag Major 369 Rep 1,409 Posts Drives: F31 330d M Sport Join Date: Jul 2014 Location: Durham. UK iTrader: (0)	Looks like an over zealous technician going beyond his legally allowed actions. I'm not sure mind. That story has put me off using them for anything though. Hope you've calmed down OP!
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01-11-2019, 10:41 AM	#19
UsmanF30 New Member 2 Rep 13 Posts Drives: F30 320d M Sport + Join Date: May 2018 Location: West Yorkshire, UK iTrader: (0)	Was planning on using them for a set of Goodyears as they were the cheapest fitted. Might rethink that option now...
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