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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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I broke down at 2.30 am after returning from my nightshift

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I broke down at 2.30 am after returning from my nightshift in the Bank.I am 60 years old, was on my own in the car & after my tyre blew was able to move into a layby on the main route between Cwmbran & Abergavenny. I couldn't get a signal on my mobile, the 'orange' RAC box wasn't working therefore I contacted the police to ask them to contact the RAC for help. After 3 calls to the police eventually an emergency vehicle was sent at about 5.40 am to change my tyre.I had been in the layby on my own for over 3 hours!! I was told the RAC couldn't find me. I complained to the RAC, and after 6 weeks managed to get a response stating they would give me 3 free months worth of cover between January & March next year. I think this is terrible service. Firstly in 10 years of being with them this was only the second time of calling them out, plus the reason they have given me next years 3 months free is only so they can keep me as a customer. I told them I wanted compensation for distress & inconvenience and they haven't responded. I have numerous emails I sent them over the 6 week period asking for an uodate & only once dod some-one contact me by email stating they needed mor time to investigate. I had to call them prior to this saying I had received no communication form them regarding my complaint despite receiving an initial email stating they would respond within 20 days & they would keep me updated of the progress of my complaint, which they never did. I wish to bring this matter to your attention as I never usually complain however my family,friends & work colleagues were horrified by the lack of support I had from the RAC. I personally believe there was a breakdown of communi ation between Gwent police & the RAC & each is blaming the other for the lack of assistance. Can you advise how I take this matter to the next level please? The RAC case reference number is *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What action are you hoping to take over this?

I understand that this is bad service but what is your loss of a financial kind?
Customer: replied 2 years ago.

When I arrived home at approximately 6.00 am having been in the layby since 2.30 am the tyre that had been put onto my car was flat (even though the gentleman from the emergency vehicle had told me it was a good tyre) this meant staying awake until the garage opened, they then came and blew up temporarily the flat tyre to tow the vehicle back to the garage about 5 miles away.I was very tired & was due to be going back into work for the night shift, leaving my home at 4.45 pm however I was very tired & stressed so I had to take the day off work

Expert:  Jo C. replied 2 years ago.
Ok.

So what is your financial loss?

Or is it just that you want to complain about bad service?
Customer: replied 2 years ago.

I am looking for at least £200.00 to cover financial loss & distress and inconvenience

Expert:  Jo C. replied 2 years ago.
You dont have a claim for either distress or inconvenience. They are not heads of compensation in the UK.

What is your financial loss? At the moment I can see none but that might just be that its not clear yet.
Customer: replied 2 years ago.

I don't understand.I had to take the day off work & pay for the car to be taken to the garage?

Expert:  Jo C. replied 2 years ago.
Why did you have to pay for it to be taken to the garage? You said above the RAC changed your tyre.
Customer: replied 2 years ago.

As mentioned earlier, the breakdown vehicle changed my tyre stating it was a good tyre however when I arrived home it was totally flat.I couldn't drive it to the garage as it was flat therefore had to call them to come & pump the tyre up so they could take it to the garage to put on a new tyre & get me a new spare tyre.

Expert:  Jo C. replied 2 years ago.
Thank you.

I completely understand that you aggrieved over this. However, that does not make a claim in law.

If the essence of this is that they did not collect you in a timely fashion then you can make a complaint about that to them and they may offer you something in the interests of good business. You do not, unfortunately, have a claim in law arising from that for two reasons. Firstly they have not done anything unlawful. Secondly, even if they had, you have suffered no financial loss arising.

In relation to your tyre, I'm afraid it is bad news. The obligation is yours either to ensure that your spare tyre is in good order or not to carry a spare at all. If the RAC attended they can only fit your spare unless, of course, it was not serviceable at the time in which case depending on the terms of your membership they would take you to a garage and you would have to purchase a replacement. It is quite unlikely that that happened because you would have noticed the flat immediately. What this comes down to, and the reason for your loss, is that your spare tyre was not in good order which, may not have been your fault as it may have been flattened on the way, but it was certainly not the fault of the RAC.

Take the offer that they are making because at court you would get nothing and you would be liable for their costs.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
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