Highway robbery?

Had a tyre firm out to replace 2 drive axle tyres one evening in August when driver was parked up at Shepshed J23 truckstop
Following morning at 5.30, 200yds from Trowell northbound, the wheels came off
Fortunately very little on the M1 and no-one hurt…he’d done 24km
Police attended but didn’t seem to have any issues and disappeared before their shift was to end
I got the phone call and had to park up to sort recovery…Wards Recovery from Leeds set off to pick up the unit and another unit of mine was to pick up my customers tipper trailer in the afternoon
When the Highways Agency arrived they asked the driver if it would be removed within half an hour (obviously no) so they offered THEIR recovery either to base (Leeds) or 200 yards up the shoulder to Trowell
Having booked Wards from Leeds who had set off, I said take it to the Services…the next phone call was inviting me to pay the bill…

£500…?

A Thousand ?..15 hundred ?

No…FOUR AND A HALF GRAND ? ? ?

“I’m not paying that”
“It’s classed as considerable damage, thats what we have to charge”
I phoned a solicitor who checked out the HA website and informed me that ‘considerable damage’ attracted the £4500 tariff…and advised me to pay up…or they would keep my unit and my customer’s trailer and charge me £150 per day till I did

I phoned back to pay up and was charged £4612.50 (2 and a half % surcharge for a credit card… and a tenner for 2 0844 calls from a mobile)
The wrecker drivers even told my driver I had been overcharged…
“Considerable damage is when a truck is on it’s side in a ditch and we use a crane and air-bags” were their precise words
I suspended the credit card payment and have repeatedly spoken to the HA saying I have been over charged
I have not had a reply in 3 months
Barclaycard have paid them because I could not forward them ‘proof’ of having being overcharged

I think I was held to ransome with menace

Shocking, so assault & ■■■■ are now legal it seems.

Not being funny, but, why don’t you get on to Watchdog, on the BBC, I’m sure that they would love to get their Teeth into this one !

Also, surely, you would have a claim against the Tyre Company, seems like the nuts were just hand tightened & not even run up on the gun, let alone Torqued !

I’m one of those drivers who stands there watching them change tyres/wheels. That way you know if they’ve been torqued up properly !

martinviking:
Not being funny, but, why don’t you get on to Watchdog, on the BBC, I’m sure that they would love to get their Teeth into this one !

Also, surely, you would have a claim against the Tyre Company, seems like the nuts were just hand tightened & not even run up on the gun, let alone Torqued !

I doubt Watchdog would be at all interested, unless he was charged that for getting a Mondeo moved.
It’s a long shot , but do you have a sympathetic MP, one that actually has some respect for small businesses. He or She might be able to query the Highway Agencies scale of charges.

muckles:

martinviking:
Not being funny, but, why don’t you get on to Watchdog, on the BBC, I’m sure that they would love to get their Teeth into this one !

Also, surely, you would have a claim against the Tyre Company, seems like the nuts were just hand tightened & not even run up on the gun, let alone Torqued !

I doubt Watchdog would be at all interested, unless he was charged that for getting a Mondeo moved.
It’s a long shot , but do you have a sympathetic MP, one that actually has some respect for small businesses. He or She might be able to query the Highway Agencies scale of charges.

Maybe not, but I’d try anything to get my 4 & a half back.

martinviking:

muckles:

martinviking:
Not being funny, but, why don’t you get on to Watchdog, on the BBC, I’m sure that they would love to get their Teeth into this one !

Also, surely, you would have a claim against the Tyre Company, seems like the nuts were just hand tightened & not even run up on the gun, let alone Torqued !

I doubt Watchdog would be at all interested, unless he was charged that for getting a Mondeo moved.
It’s a long shot , but do you have a sympathetic MP, one that actually has some respect for small businesses. He or She might be able to query the Highway Agencies scale of charges.

Maybe not, but I’d try anything to get my 4 & a half back.

Fair point, :smiley:

Take a look at the following link, it goes on a bit but scroll down to section 20 - charges. As you have been charged £4500 (which is a valid band), the description of this band is:

Vehicle, excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both

OR

Vehicle, excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both

The table in the above lick on Sussex Police’s website is not very clear but this is the same for all forces and the Highways Agency.

I’ll see if I can find a better link and post it.

Was the vehicle loaded and was it just a case of the back wheels coming off? If so, they could have done a Chapter one lane closure, despatched another unit to the scene to take the trailer and then rear suspended the unit from the motorway. In truth, this is probably what they did but charged you at the wrong rate.

Here we go, scroll down to page 18 on the link below.

I hope you get your teeth into this one mate because I believe they have ripped you off something chronic.

Is sue the tyre company for all costs as they didn’t put the wheels back on properly.

Picked up a rental trailer recently where all 3 tyres on one side had been replaced, the tech had forgotten to inflate one of them. Most tyre fitters are good lads but unfortunately they are human too!

Silver_Surfer:
Is sue the tyre company for all costs as they didn’t put the wheels back on properly.

How do you know they did or did not put the wheels back on properly? ( I do agree with you though in principal!!)

I had to wait for an engineer to inspect the damage and do a report

My driver did watch the fitter replace the wheels with airgun, then wait briefly (let the nuts cool down ?) then tighten up with torque wrench
As I understand they say 50km thesedays before re-torque…he’d done 24

I’m in the process of claiming against the tyre company
But my gripe is that they have my money now and my credit card is maxed out and they just won’t reply to me when I have told them I’ve been overcharged

I suppose I shouldn’t give a ■■■■■ if I can successfully pass the cost on to a negligent tyre firm, but that is not the point…

Wards Recovery charged me £320 + VAT to come from Leeds to Trowell and back

What was the name of the recovery company who ‘assisted’ you on the motorway?
I dont know if you are aware, but the Highways Agency have subbed the running of this scheme to a company called FMG. At the time that the recovery arrived on scene, between them and FMG, they would have decided what band to put your vehicle into - in your case the £4500 band. It does get a little more complex here and the rates do depend on whether the recovery was a Statutory recovery or Facilitated one. The fact that your driver asked for assistance, should this go to court, is of crucial importance. I am trying to remember more for you but the old grey matter is not currently relinquishing the information I need.

Also, who did you make the complaint to and who did you pay the money over to - was it the recovery company or was it the NVRM (National Vehicle Recovery Manager - aka FMG)

I would like to try and help you fight this because from what you have said, and I have no reason to disbelieve you, your only crime was to wake in the morning to try to earn a crust.

The NVRM’s telephone number is 0844 2438587

Hi Lusk…The actual recovery company was Burrows Recovery, but I had to make payment to FMG
When I first made a complaint to FMG the woman on the phone flatly refused to discuss any billing query, she said I had to take that up with the Highways Agency
Then the HA wouldn’t discuss the matter as they were not in receipt of the payment, I had to take it up with FMG ? ? ? ? ?
How is a mere mortal supposed to deal with these people

My subsequent conversations with the people at HA just seem to have fallen on deaf ears…theyv’e got their money now, why should they worry ?

The engineer who inspected the truck did tell me as an aside…that the car park at FMG in Huddersfield does have A LOT of VERY EXPENSIVE flash cars parked there, not just a couple for the directors…

We are in the wrong game…

mark j robinson:
Hi Lusk…The actual recovery company was Burrows Recovery, but I had to make payment to FMG

There are two ways in which payment can be made, the first way as you have described. In this case the recovery operator will submit an invoice to FMG BUT not for the £4500 - they will submit a lower amount say £3500 which means that SOMEBODY will get £1k out of the job - there is confusion as to who this SOMEBODY is. If Burrows had taken payment, then Burrows would have retained the money as a payment on account type basis until such a time that Burrows account department and FMG accounts department decided to have a square up.

mark j robinson:
When I first made a complaint to FMG the woman on the phone flatly refused to discuss any billing query, she said I had to take that up with the Highways Agency
Then the HA wouldn’t discuss the matter as they were not in receipt of the payment, I had to take it up with FMG ? ? ? ? ?
How is a mere mortal supposed to deal with these people

I would like to say unbelievable but I am afraid that I do believe it…arrogant as they come. YOU should NOT be dealing with the H.A. - you did it correctly and spoke to FMG.

mark j robinson:
My subsequent conversations with the people at HA just seem to have fallen on deaf ears…theyv’e got their money now, why should they worry ?

Exactly…but please do not give up. As I said before, I firmly believe that you have been charged the wrong tariff. You may want to go back to the recovery operator and ask them WHO decided that is should be a F16 category (The category will take those lines of either F or S then followed by a number).

mark j robinson:
The engineer who inspected the truck did tell me as an aside…that the car park at FMG in Huddersfield does have A LOT of VERY EXPENSIVE flash cars parked there, not just a couple for the directors…
We are in the wrong game…

Does not surprise me and looking at their accounts, they are a strong company who incidently have just won the NVRM contract again.

One of the problems is that people just give up because they cant get anywhere…it’s not as if you are talking chicken feed here…if you can get the tariff adjusted, this is a lot of money up for grabs.

The response from the HA here gives good info:

A better rate schedule here:

Our ■■■ dont stink here: :grimacing:

From what I can gather Burrows recovery drivers (there must have been two for the unit AND trailer) reckoned their firm would have charged a minimum £350 tariff (twice over)

So someone is probably pocketing £3800

FMG are the HighwayRobberyMen of the day…and arrogant bar stewards to boot

mark j robinson:
From what I can gather Burrows recovery drivers (there must have been two for the unit AND trailer) reckoned their firm would have charged a minimum £350 tariff (twice over)

No, I dont believe this is correct. Your unit and trailer as indeed anybody’s unit and trailer or wagon and drag are just counted as the one vehicle. Each incident attracts it’s own fee and to be blunt, the H.A/FMG do not give a monkeys whether the recovery operator sends one or ten vehicles in to do the job. As long as the job gets done within their time limits (for statistical purposes), that is all that matters.

So someone is probably pocketing £3800

mark j robinson:
FMG are the HighwayRobberyMen of the day…and arrogant bar stewards to boot

The problem that you have is that where SOMEBODY takes such a big slice out of the cake, the recovery operators, I believe, tend to try to move things upto the next tariff. Taking your incident as a prime example, really, it was nothing of a job to sort out but because the HA got involved, it has cost you dearly…

Please dont let this go without a fight :cry:

Lusk:
It does get a little more complex here and the rates do depend on whether the recovery was a Statutory recovery or Facilitated one. The fact that your driver asked for assistance, should this go to court, is of crucial importance. I am trying to remember more for you but the old grey matter is not currently relinquishing the information I need.

We no longer offer facilitated recovery.

The Highway Man:

Lusk:
It does get a little more complex here and the rates do depend on whether the recovery was a Statutory recovery or Facilitated one. The fact that your driver asked for assistance, should this go to court, is of crucial importance. I am trying to remember more for you but the old grey matter is not currently relinquishing the information I need.

We no longer offer facilitated recovery.

When was the facilitated option removed and is there another option in their place or is it just the statutory recovery? Do you think the OP has been ripped off?

Facilitated was removed when the contract was renewed. The driver now has to arrange their own recovery or get statutory removal if they can’t arrange recovery within a set time. As for charges, sorry mate, I can’t comment as I’ll be for the high jump if it gets back to my bosses, hope you understand. :wink: