They cannot be responsible for trying to fit the two
units which were defective if they were indeed defective BUT. It appears that they
may not have been defective, but were simply incompatible. They purport to be
Porsche specialists but clearly lacking in some areas. The fact that that the
Porsche dealership resolve the problem in minutes points to that.
Nonetheless, in my opinion, under the Supply of Goods and
Services Act. They are under a statutory duty to carry out the task with
reasonable care and skill. They seem to have failed to exercise the necessary
skill (unlike the dealership) as they didnt say that the units were incompatible. As a result of their breach of statutory duty,
you have suffered loss.
Unless this is a tiny organisation with few or no employees
which seems unlikely that they have closed the business for a day
to attend court. I cannot believe that they would have two customers both
trying to get the satnav fitted in their car with the same problem at the same
time, of all the things that they will ever deal with regard to Porsche. I
think their argument that they thought you were to different customers is
spurious. Of course, it would be for a judge to decide.
There are some maths to be worked out but the upshot is
that you have spent thousands of pounds with them and buying all the parts from
elsewhere based upon their misrepresentation that the unit was faulty. Okay,
you may have some units hanging around you didn't want them unless they were
going to work. So, assuming that you have a reasonable claim it comes down to
the judge deciding whether they have breached their duty and what that breach
is worth. Of course, I can only answer based upon the facts in front of me
based upon those facts, I do not think that they have a good defence by any
stretch of even a very vivid imagination.
With regard to their counterclaim, they are clearly
trying to frighten you into dropping your claim. This is under £5000 and they
are not entitled to their time cost for dealing with the matter up till now,
because they are not solicitors and the general rule is that unless you have
been completely unreasonable, they will not recover their costs. Their costs,
even if they were recoverable as they would be if this was not small claims is
only chargeable at £18 per hour at any rate. As I said earlier, however, this
is small claims court and they cannot charge that time in most cases. You will
have to do raise it with the judge, of course, and it is the judge's decision.
But that is what generally happens. For them to get any costs in any event your
claim must fail so they have to overcome that hurdle.
They are only entitled to "expenses" for attending court.
Those expenses can include time off work or away from a business, but they
would have to prove an actual loss of £1000 worth of labour for the day. In any
event, even if they win, it is most unlikely that the judge would award such an
inflated figure and, in my opinion, because they have inflated it, he is more
likely to disallow it altogether. He might look at couple of hundred pounds or
put them to strict proof as the cancellations of work during the day. They are
in a very specialist market and therefore the customers that come to them will
have very little option of going anywhere else. They may not therefore have
lost any work at all, but simply rearranged it for all the days.
At the end of the day, it would be up to the judge to
decide who wins or loses, and whether he allow was any or all of the
counterclaim if you lose and they win
Can I help further?
Please bear with me today because I will be online and
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The thread remains open.