Advice from bikers and solicitors needed.

[K300]

Hi chaps,
looking for some advice:

my pride and joy, well one of them,(Kawasaki ZZR600) recently went in for some carb work at a local motorcycle workshop. I went to check on it after almost 2 weeks of it being in their posession and have been told that the side panel rear mounts are broken, these are the ones hidden by the rear grab rail so unless you are careful you may not know they are there and pulling at them can break them.

I have photos(I take photos whenever I take things apart) of when I took the panels off 3 years ago and the mounts are intact.

The workshop are denying any responsibility for the damaged panel mounts and want me to pay in full for the work.

As an aside and an indication of what I am dealing with, while I was there I witnessed the 'mechanic' re-assemble the fuel tank without connecting the fuel gauge wire underneath and I had to remind him or it would have left me with a non working fuel gauge, and then he cross threaded one of the forward fuel tank securing bolts and again I had to tell him to stop as he tried to force the screw in.

Any ideas of where I stand.
Am I obliged to pay for the work, should I contact trading standards, can they keep the bike if I refuse to pay the bill, any advice welcome.

Thanks in advance.

[gmt 16750]

Sorry I cannot help on the legality side of things but that's just plain shoddy IMO.
I had a similar experience when I booked my bike in for a full service (inc. a full brake caliper[s] refurb). I picked the bike up and it was only a few days later that I saw my mate behind me (who had his son on pillion) was waving madly in my mirrors.
My rear brake caliper was dangling from the brake hose and was 'dinking' off my wheel spokes as I rode along - I'm so thankful I was on a motorway and didn't make any left hand turns..........
When I got home I made sure everyone I know who's into bikes knew and I vowed never to darken his workshop again.
PS - it wasn't like it was an inexpensive invoice - the guy knew how to charge!
Hope you got some sort of satisfactory outcome mate.

[Dave+63]

My one and only experience with bike shop mechanics was back in 1990 when my brand new ZZR600 went in for it's 500 mile service. It came back with scratches on the frame by the tank securing bolts near the headstock.

Their response was that the scratches were already there but they'd send me a tin of touch up paint.

It's your word against theirs unfortunately as there's no way you can prove it was them that broke it.

[Barryboy]

Hi... I'm not a solicitor but I have a little experience in this subject through a family connection in the motor trade, albeit cars not bikes.

As I understand it, whilst you are not impressed with the standard of the rest of the job your only real gripe is the damage to the side panel rear mounts. Is that correct? If so, then you are obliged to pay for any work carried out that is not in dispute, and mosts garages have trading terms that allows them to hold on to a vehicle until the bill is paid in full, to charge storage costs after a certain period of time (one calendar month is quite common) and after a given to legally seize the vehicle and sell it to offset their expenses.

The damage is another issue altogether and has to be addressed separately as a civil case. What do you estimate the repair cost of the damage to be? If it's a substantial amount you will need to see a solicitor to try and get the money from the garage but I honestly feel you have a weak case, because:

1) The photos you have taken are three years old and there's only your word for it that nobody else (you included) have done any work in that area since them and that wear and tear is not an issue.

2) It's your word against theirs that they caused the damage. They will insist that they are very experienced motor engineers and will question your credentials

3) They will maintain that you are a nuisance customer and that you are simply trying to get away with not paying your bill by making a false claim that they damaged your bike.

4) Trading Standards won't be particularly interested. They are hugely understaffed and have massive caseloads and I'm afraid such a small case is unlikely to be of interest unless thay already have a file out on this business. It's certainly worth a phone call, but I wouldn't hold my breath.

Unfortunately, given the time it will take, the cost of legal proceedings, the fact that the garage are in such a strong position and the likelihood that they have been down this road before indicate it might be best to 'take it on the chin', walk away and chalk it up to experience. You could try to get a fixed fee appointment with a solicitor and have a chat... maybe even get a solicitor's letter sent to the garage.... but the costs would start to add up (and believe me, solicitors know how to charge...) and even if the garage agreed under duress to put the damage right as a 'goodwill gesture', would you want that garage repairing the damage anyway?

I know it's not what you want to hear but I'm afraid it's not going to turn out well for you.

Rob

[K300]

Thanks for the responses chaps, and thanks Rob for putting in black and white what I suspected.
I'll give trading standards a call to see if they have any 'previous' on the company.

As taking the panels off is a necessary part of the work involved would that constitute poor workmanship and therefore give me any grounds for not paying the bill in full?

The bike having done only 6000 miles and (apart from this and some rst on the centre stand) is pretty mint, my concern is that I will need to either get the panels repaired or replaced at my cost, so would like to recover at least some of that.

[K300]

Just as a comparison.
Cost for work £150+vat.
Cost of replacement side panels approx £200.
http://www.ebay.co.uk/itm/Kawasaki-Z...item19f2916282

[Jeremy67]

If it was me I'd right them a polite letter outlining your case and deliver by hand, preferably into the boss's hands asking for some reasonable recompense. He may have his suspicions about that mechanic already and be keen to protect his business reputation.

If this doesn't work then just pay up and move on, 99% of the time the law is more trouble that it's worth.

[seadog1408]

As Jeremy says, write a polite letter detailing the problems and look for recompense, if that fails, pay, get your bike back and advertise far and wide on t' Internet how terrible the service there was, take a few minutes and really stick the knife in, you will feel a whole lot better!!!!

Mike