It Official!

mercmadjim

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Well I for one say well done Robertjrt, for fighting your corner, and I wish you luck sir...
 
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robertjrt

robertjrt

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Photographic evidence. I have had results when "nicked" for disobeying illogical signage at the cross roads of Putney High Street and the South Circular, and on a separate occasion beat a parking ticket where the signage was deficient (different rules on either side of the road, but no signs on my side to make that clear).

In both cases, photographs spoke for themselves and I was "severely let off" and advised not to do it again. The signage subsequently improved on each venue!

Typical attitude "severely let off" from people who make parking spaces so small that it is almost impossible to park within the markings, which will result in a ticket. Here in Covent Garden there is a mixture of resident and public parking in the same street, visitors trying to park around here do not have a chance.

One of the main streets has different parking rules, one side "belongs" to Camden the other Westminster.

In Proctor Street there was a box junction which was a money machine, that it until a challenge in Court, a box junction should have four sides, Proctor Street had five. The response; the Council said that refunds will be be offered to those who were fined who apply for a refund.

A private company would have been made to repay all those "customers".

Motorists are seen as a cash cow to be milked at every opportunity unless they are Council Officers/staff on "official " duty.
 

PeterCLK

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Go for it Robert
Don't let the b******s wear you down.
 

joemargetts

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I think we should all stand up and be counted when we believe in something.
This is clearly a case where there is enough evidence for the court to decide so let's leave British justice to do it's thing. It is not for anyone here to decide.
 

hawk20

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I'm all for fighting your corner if there is a good solid principle at stake. But correct me if I remember the basic details wrongly. IIRC the electrics were damaged. Possibly by jump starting with reversed polarity? However it was done, the issue is: was it done by the owner, or by a mechanic working for the dealer, or by someone working for Mondial who provided the breakdown service.

There is no great principle of law or justice at stake here. There is a dispute about who did what and a lack of witnesses so nobody can prove who is really to blame.

Mercedes senior people have to decide what to do when faced with an owner who says he didn't do it; a dealer who says their staff didn't do it; and Mondial who says their staff didn't do it. Even the wisdom of Solomon couldn't solve this one even if the parties litigate for two hundred years.

If concrete proof can be provided about exactly what happened to cause the damage, then of course the battle is worthwhile. But what is the chance of that?

It is easy to say "I think we should all stand up and be counted when we believe in something." but after four years of battling without concrete evidence on either side, I think the question to ask is does this help or harm Robert's health. These things can eat away at you, can become an obsession, like neighbour disputes that run on for years and years never to be fully resolved; like divorced couples where one party cannot let go and move on and keeps contesting the maintenance or custody arrangements, thereby never making a new life for themselves.

If the fight gives pleasure and a sense of purpose and someone can see some chance of a genuine resolution, then fine. But often when concrete proof and a firm resolution cannot be provided, the result of prolonged litigation is just frustration, bitterness and anger. Not much to look forward to.
 
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robertjrt

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I agree with what you write, however, I did have evidence by way of witness statements and in writing.

It was only a matter of coming before the Court for Judgment.

Why MB decide to go to trial is beyond me and it was a surprise to my legal team, we all expected MB to settle "at the Court steps".

Over these years I have asked myself "why did Mercedes-Benz perceiver given the evidence against them?", I still do not have the answer to that question.

I did ask MB for the correspondence between themselves and Mondial/the recovery company, I have some indication of what was written but, I need the full story.

The disclosure documents were very interesting which is why I carried on. It was not I who dragged the proceeding out these past years, I was hemorrhaging money I needed elsewhere.

I believe that some good will come from this dispute as what I have learned will help other owners is similar situations, for instance;

Demanding to;

View the CCTV footage showing your car arriving.

See the workshop job card.

Inspect the damaged parts.

Confirm who 'phone you to authorise the extra repairs, when they 'phone and what number did they 'phone.

See the copy of you authorisation to do the work and what extra work was authorised and by whom and when.

Please remember I was not informed that I was expected to pay for the repairs until I was told my car was ready in January 2006, just as the Warrant expired. " how will you be paying the outstanding account Mr Carlyle"
started this whole long drawn out saga.

I take great exception to people lying too me, especially "stupid" lies and Mercedes-Benz were not even good at it, their arrogance was their downfall in Court, lying in the Witness Box, under Oath before an experienced Judge with a Barrister waiting to pounce on any reply, was not very clever but, indicative of what went on before and is still going on.

Mercedes-Benz will have to respond to the Claim forms I have issued in the County Court, it will be interesting to read their Defense and/or their counter claim.

My medication is very good and my testosterone comes in handy sachets!:D
 
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robertjrt

robertjrt

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I thought he required our sympathy, but perhaps a macroprolactinoma is milking it a bit? :rolleyes:

Very droll!

Perhaps I should write about the fun time I had when I was refereed to gynecology!

One thing is, I have not lost my sense of humour:D

Mind you have to be very careful when you tell a joke these days, Sec.5 CJA, may result in you being charged with an offense.
 
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robertjrt

robertjrt

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On a second point, as a member of the medical fraternity, let me assure you, if I ever tried to kill someone, they would not be writing about on a Forum.

now, did I put that writ?

"Kill" was a bit strong, perhaps, medical incompetence would have been better.

When this MB saga is all over I can return to my claim against the NHS, that will be a High Court action as technically I am "out of time".

"Just because you are paranoid does not mean that they are not after you".

I did not enjoy my enforced stay in a secure hospital, but, I met some interesting psychiatrists! I enjoyed the verbal sparring and the meetings as patients representative, including Senior medical staff job interviews.

I found, by reading the previous Minuit's, that the "ward comfort fund" had not been paid for years, that matter was addressed and the money was used to refit and repair the fitness room that had laid idle due to "lack of funds".

What's right is right, what's wrong need to be challanged.
 

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From the years in working in electronics I would have said that the first man on the scene should have picked up immediately if the car had been reverse jump started. He would have seen by the instruments on the car and the current drawn by his starting device. This man was used I assume, to doing this call out type of work work, or was he a new to doing this. If the man was used to doing the jump starting he would have pointed out the oddities that he found and should have pointed them out when taking the car in. Do these people have a job sheet to fill in ?.
If he made a mistake, and people do, then was the car just taken into the workshop.

I do know that if this had been me, and I have been in similar situations, I would have told the customer of my findings and and got further help before doing anything.

The last time that this happened to me was with a brand new Sky box some years back that I installed and the man complained that it just went dead, it was found by Pace the maker that water had got into the box and a repair was refused. I was threatened with a law suit, but Pace stood be their findings, and it all went away, the plant food was the give away in the water. Many other times I have refused to touch a job as one senses that something is not right.

In this case MB should have done more at the early stage and reported back. One could also sum up the customer, and reason is, or was he capable of trying to jump start the car or not, in this case I do not think that he was able to do this, for a start the car was under a guarantee, just because the car did not start it did not mean that jump starting would help, there are so many reasons as to why a car will not start
 
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robertjrt

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In this case MB should have done more at the early stage and reported back. One could also sum up the customer, and reason is, or was he capable of trying to jump start the car or not, in this case I do not think that he was able to do this, for a start the car was under a guarantee, just because the car did not start it did not mean that jump starting would help, there are so many reasons as to why a car will not start


When I went to use my car for the first time after I had collected it from MB Wandsworth, after being with them for two weeks "under repairer" it was as dead as the proverbial doornail, as per the two previous episodes.

So, as I was on my way to an important meeting I 'phone the given number and informed MB to collect my car and take it back to MB Chelsea.

A recovery vehicle duly turned up, my sister gave the operate the keys, he went off, a short while later he called back to my sister's home, in my car, and told her, "all it needed was a start", she informed him that the car still needed to go to MB, he then drove off down the street to his recovery vehicle which was parked in a wider road around the corner.
(witness statement, my sister)

Evidently, when the recovery operator reached MB Wandsworth he drove my car into the car park. (witness statement, Manager, recovery company)

So, when MB informed me that the "damage was caused by me, or persons known to me", in writing, I knew I was in for a dispute. The damage was such that the car was incapable of being started without major repairs, that has been agreed by experts.(Court appointed expert) The damage list was quite extensive, well, reverse polarity would do that, the main fuse was burnt out!

My car was recovered in November and the first I knew about the £6,800 bill was when I was 'phone early January 2006. When I replied that my car was under Warranty I was informed that it did not cover misuse/negligence by the owner!

During the trial,the then Manager of MB Wandsworth, in the Witness Box , stated that "Mercedes-Benz do not use jump packs", not true according to letters from MB Chelsea. When my Barrister challenged this statement, there was no reply. The Judge was not impressed especially as the next MB witness confirmed that Jump packs were used at the Wandsworth garage.
(and a jump start was written on a MB job sheet)

Give what has gone before I have no intention of collecting my car until it has had a thorough inspection, then it will go straight to auction.

MB are not happy about the Inspection as they are worried I will ask for any damage/repairers found to be fixed, err, yes.

All MB have to do is to give me my money back and I will go away, its that simple!
 

television

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Thanks for explaining that Robert, it now makes sense that the car was not in you possession when the damage was done. With electronics, it either works or it does not, in the case of a reverse current flow the death of the components is instant and non reversible.
 
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robertjrt

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Thanks for explaining that Robert, it now makes sense that the car was not in you possession when the damage was done. With electronics, it either works or it does not, in the case of a reverse current flow the death of the components is instant and non reversible.

Yes, and as I knew it was driven away the electrical damage could have only have been caused by Mercedes-Benz or the recovery operator, you can guess who my money was on! Ditto the body damage!

If MB had informed me as soon as the damage was "discovered" I would have been able to address the matter a lot sooner and would have asked to see the CCTV's at Wandsworth and the Councils recording showing Lambs Conduit Street. The recovery operator would have been accessibly for a statement, as well as the damaged parts, which "disappeared" unfortunately.

There is correspondence between MB/Mondial/Recovery Company which is why the Recovery Company Manager remembered my recovery out of the hundreds they do every month. The recovery company had lots of vehicles, it was quite an operation and I was informed that they had never "fried" a car.

I was also informed that any damage to a recovered vehicle by the recovery company would have been "covered" by Mondial.

Where my car was parked it was impossible for a recovery vehicle to collect it
as it was "nose in" diagonally, on a downward slope alongside other parked cars in Long Yard, Holborn, WC1. It was one of the few residence parking spaces big enough for an S class, the neighbouring cars were also "heavy metal". We guarded "our" space's jealously! Small cars were politely asked to park in the "normal" space available. We shared the yard space with the local undertaker!
 

hawk20

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All MB have to do is to give me my money back and I will go away, its that simple!

Isn't that rather misleading? Aren't you asking them to give you what the car was worth 4 years ago?
 
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robertjrt

robertjrt

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Isn't that rather misleading? Aren't you asking them to give you what the car was worth 4 years ago?


Yes, I want to be back in the same financial position I was in when MB damaged my car, refused to acknowledge the fact, forced me to spend tens of thousands of pounds and spending untold hours on this unnecessary dispute.

I had just collected my car after it had spent almost two weeks "under repair". I was informed that the fault had been attended too and that my car was in a satisfactory working condition.

To be informed that the electrical and body damage was present before my car was removed to MB was, as proved in Court, to be "incorrect".

Mercedes-Benz admitted in Court that I was not to blame for any of the damage to my car which was contrary to previous written correspondence.

I did nothing wrong, I followed the laid down procedure as per the Warranty Conditions, why should I be penalised, financially?
 

Rory

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Mercedes senior people have to decide what to do when faced with an owner who says he didn't do it; a dealer who says their staff didn't do it; and Mondial who says their staff didn't do it. Even the wisdom of Solomon couldn't solve this one even if the parties litigate for two hundred years.

We don't have to find Soloman or wait two hundred years, Mrs Justice Hallon decided who was at fault without any difficulty at all. Indeed she is reported as being bemused by why the case was before her.

Isn't that rather misleading? Aren't you asking them to give you what the car was worth 4 years ago?

That seems entirely reasonable - he has lost the use of the car for 4 years.
 
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robertjrt

robertjrt

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We don't have to find Soloman or wait two hundred years, Mrs Justice Hallon decided who was at fault without any difficulty at all. Indeed she is reported as being bemused by why the case was before her.
Not as bemused as I was! My solicitor and Barrister both expressed surprise that MB went to trial, we had all expected MB to "settle on the Court steps".

Yet here we are 8 months later still issuing Court actions against Mercedes-Benz.

Oh dear, one of use will have to address the ending of this dispute, it will not be me of course, I am getting the hang of filling in these Claim forms. I will next try a few N244's, a request for an Injunction or two.

I did inform MB that when my cheque had cleared for my part of the Costs it would finance further legal action against them.

I keep writing to MB and MB keep ignoring what I write and then when I do do what I say I will do, MB seem peeved. I wonder why?

If you tell the truth it saves the bother of remembering the lies.
 

hawk20

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I see you posted elsewhere: -
"Now you know why I have continued with my legal dispute with Mercedes-Benz Chelsea, now in its fourth year

Previous Disputes/litigation; Midland Bank, Solicitors, NHS, Camden Council, Environment Agency, flooring contractor, Avon County Council, Highways Agency and now I can add Mercedes-Benz to the list.

I do not look for aggravation, it just seeks me out "

Does look as though litigation is becoming almost a hobby?
 

100%Bitch

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But doesn't this sort of action from an individual help us all out and sets a precedence for all to see?
 


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