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who is responsible?
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Author:  grandad [ Mon Nov 14, 2022 11:33 am ]
Post subject:  who is responsible?

I have had an engine issue with a car. basically it needs new piston rings.
I have sent it to a reconditioning firm for this work to be done. however before it went the Turbo and DPF were sent away to be cleaned and refurbished. The turbo was put on the back seat and the DPF and associated parts were put in the boot.
The company doing the engine rebuild arranged for the vehicle to be picked up from the garage where I took the vehicle but when it arrived at the other garage the Turbo was still on the back seat but the DPF and associated parts were no longer in the boot.
Who is responsible for them going missing?
My garage have cctv of all the parts being put in the boot. So is it the engine rebuilder who employed the carrier? the carrier? My garage or Me?

Author:  edders23 [ Mon Nov 14, 2022 12:02 pm ]
Post subject:  Re: who is responsible?

It sounds as if they were stolen en route so was the person ferrying the car employed/contracted by the garage doing the engine rebuild or by yourself ?

Author:  Chris the Fish [ Mon Nov 14, 2022 12:07 pm ]
Post subject:  Re: who is responsible?

I think first and foremost, get the Police involved.

A theft has occurred and the suspect list is small.

They may even catch somebody.

Author:  Sussex [ Mon Nov 14, 2022 6:27 pm ]
Post subject:  Re: who is responsible?

It is a matter for the police, and good luck with that.

Whoever had the keys when the stuff went missing is responsible IMO.

Author:  StuartW [ Tue Nov 15, 2022 12:08 am ]
Post subject:  Re: who is responsible?

Depends what's meant by the question.

'Responsible' as regards who did the deed, who knows? But, as Chris says, the suspect list is small, and police best placed to investigate. Assuming they're interested.

But, as Edders alludes, 'responsible' has a wider meaning in respect of contractual liabilities, or maybe in terms of a duty of care regarding customers' property while it's entrusted to their possession.

So Sussex says: "Whoever had the keys when the stuff went missing is responsible IMO."

Does he mean that because they had the keys then they were prime suspects with regard to criminality and theft?

Or because they had the keys they were responsible for the safekeeping of the DPF while entrusted to their possession by Grandad, so there could be some kind of contractual responsibility if a third party was responsible for the criminal act of theft? :-k

I mean, there's a possibility the DPF was simply mislaid, so there's no criminal act, and only contractual.

But if it was stolen, then there's a criminal act and possibly a contractual failure. But even if it was stolen, there's not necessarily any contractual liability if those entrusted with the keys and possession of the DPF did all they reasonably could to safeguard the parts.

Author:  grandad [ Wed Nov 16, 2022 8:32 am ]
Post subject:  Re: who is responsible?

Panic over. It turns out that when they received the car from the transporter even though I had told them where the parts were, they did not actually look in the boot. They have now looked and everything is there. The worrying thing is that I am paying these people.

Author:  x-ray [ Wed Nov 16, 2022 9:13 am ]
Post subject:  Re: who is responsible?

A few of the drivers around here with the Transits have had the DPF removed and replaced with a ‘dummy’ casing as well as a DPF delete and a remap. [-(

Author:  StuartW [ Wed Nov 16, 2022 12:25 pm ]
Post subject:  Re: who is responsible?

Illegal, X-ray, surely?

An automatic MoT or council test failure, or are you alluding it's not detectable in a standard inspection?

Author:  x-ray [ Wed Nov 16, 2022 4:45 pm ]
Post subject:  Re: who is responsible?

Yes, it is illegal to use on the public road. But very hard to prove that it’s been removed. If you’re not the original owner, you know nothing about it! :---)

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