Who's Sitting in Bay Six?
Sunday, November 25, 2007 at 00:00
By Marcel Strigberger
Not long ago I bought a new foreign car. I decided to get an extra key made and the parts shop cut me a silver coloured key for $5.00. I soon noticed a problem. This key opened the door but it would not start the engine. The engine hesitated and chugged along something like that little train locomotive that thought he could. My engine however clearly could not.
I returned to the dealer and had a chat with the part shop rep, a gentleman called Chip. Chip was baffled. He then called over the parts manager, one Al. Have you noticed that every car dealership has a parts manager called Al?
Al made some inquiries and he called me the next day saying that I needed a special key with a black cover containing a transmitter inside as the whole process was computerized. The engine would only respond if that transmitter convinced it that indeed it had the owner's consent to start up. Al and I discussed prices and Al told me that this key had to be specially ordered and it would cost $35.00. I thought it was a bit dear but I wanted a spare key.
"Let's do it Al", I said, paying him the difference between the two keys. I left the vehicle there for an oil change and I returned at the end of the day to pick up both car and key.
I looked over the bill and I thought $70 seemed a bit high for an oil change. I looked further and gasp, there was a charge of $40 for the key. I protested to the receptionist, Amy, that I had already paid some $35.00 plus tax for this key and surely I suggested there must be some mistake. She asked if I wanted to speak to the service rep, Gord. Did you notice that every car dealership has a service rep called Gord?
The receptionist then proceeded to page Gord over the intercom: "Gord to the receptions please." Why is it that car dealers always have the loudest paging systems around? You can hear the page in Belgium.
Gord arrived wearing a white coat. He was around fifty-five years old and he looked like Dr. Marcus Welby, as he then was. I almost felt like asking him to check my blood pressure while I was here. It was starting to rise.
Gord looked at the invoice and said something that made my ears stand up: "You paid $35.00 for the blank key. We had to code the blank to fit your car. This took a half hour of a mechanic's time. That's $40.00.
I protested vehemently. Mustering all of my legal skills I asserted eloquently, "No way I am paying for this."
Gord asked if I wanted to speak to the service manager, Wayne. Actually I almost expected the service manager to be called Wayne. Gord explained that Wayne was the officer whose say was final in disputes of this nature. I immediately opted for this dispute resolution path.
Within seconds Amy got on the intercom and blasted away, "Wayne can you see a customer who doesn't want to pay his bill?" Did I already mention that there is an Amy in...?
After a couple of minutes Gord came over to me and said that Wayne could hear the matter in his chambers near service bay number six. Sounded good to me. I felt a bit uneasy but as we approached the bay Gord told me not to worry, that the hearing was informal. I appreciated the reassurance.
Gord and I entered a room, decorated with a large Champion spark plug calendar covering one wall and a gargantuan poster of the Michelin man on the other. On the third wall was a slogan carved in wooden letters and reading, "Here, customers count".
Gord and I sat down and after about two minutes Wayne entered the room. Gord immediately rose to his feet. Instinctively I followed suit.
Wayne told us both to sit down and looking at me he uttered, "Mr. Strigberger, I have read the materials."
I started explaining to Wayne what the issues were. I insisted that I ordered a spare key. I paid for a key and I should receive a key.
Wayne interrupted, "But in order to work, the key must be coded, must it not?"
I responded that this was true but Al never told me about this. I pleaded negligent misrepresentation and I cited the principles of Hedley Byrne and Heller.
Wayne asked whether Mr. Heller had also purchased a spare key. I told Wayne I did not thing so. He responded that then it would not be on all fours with the case at bay.
Gord agreed with this ruling as he made some notes on his clipboard.
I then started thinking about what Lord Denning would do in these circumstances and I said, "A car key which does not start an engine is not a car key."
Wayne responded, "The key does start the engine, it just has to be coded first, and we coded it, didn't we Gord?"
Gord agreed, adding, "And we had to pay a mechanic a half hour Wayne."
Wayne continued, "If you were to buy a jig saw puzzle at Toys R Us, would you expect the store to send someone to your house to put the pieces together?"
"This has nothing to do with jig saw puzzles Wayne, I responded. I bought a key for my car. I paid what the key man asked for. The key does not work."
I recalled John Cleese's frustration in that Monty Python dead parrot sketch and I added, "Uncoded it is useless, worthless, it does not function.
What about the work done to get the key working. That's $40.00.
I said, "It's not like a quantum meruit type of thing. I never agreed to this work.
Wayne advised that he did not speak French. He then wanted to know if I had any other submissions before he rendered his decision. I pointed to that wooden sign and I said, "I thought Here customers count".
Both Gord and Wayne agreed with me that customers do count. When they could not get more specific, they did not appreciate my comment that customers count all the extra money they have to pay for service.
Wayne then looked at Gord and said, "I don't have to hear from you Gord."
At this point Wayne then called a short recess.
The hearing resumed ten minutes later at which time Wayne dismissed my motion without reasons. He did comment, "What kind of car did that Heller buy?"
At least he didn't hit me with costs.
As I paid for the vehicle Amy told me I still had one more kick at the cat. As we speak I have 15 more days to apply for leave to appeal to the dealership general manager, Dave.
Not long ago I bought a new foreign car. I decided to get an extra key made and the parts shop cut me a silver coloured key for $5.00. I soon noticed a problem. This key opened the door but it would not start the engine. The engine hesitated and chugged along something like that little train locomotive that thought he could. My engine however clearly could not.
I returned to the dealer and had a chat with the part shop rep, a gentleman called Chip. Chip was baffled. He then called over the parts manager, one Al. Have you noticed that every car dealership has a parts manager called Al?
Al made some inquiries and he called me the next day saying that I needed a special key with a black cover containing a transmitter inside as the whole process was computerized. The engine would only respond if that transmitter convinced it that indeed it had the owner's consent to start up. Al and I discussed prices and Al told me that this key had to be specially ordered and it would cost $35.00. I thought it was a bit dear but I wanted a spare key.
"Let's do it Al", I said, paying him the difference between the two keys. I left the vehicle there for an oil change and I returned at the end of the day to pick up both car and key.
I looked over the bill and I thought $70 seemed a bit high for an oil change. I looked further and gasp, there was a charge of $40 for the key. I protested to the receptionist, Amy, that I had already paid some $35.00 plus tax for this key and surely I suggested there must be some mistake. She asked if I wanted to speak to the service rep, Gord. Did you notice that every car dealership has a service rep called Gord?
The receptionist then proceeded to page Gord over the intercom: "Gord to the receptions please." Why is it that car dealers always have the loudest paging systems around? You can hear the page in Belgium.
Gord arrived wearing a white coat. He was around fifty-five years old and he looked like Dr. Marcus Welby, as he then was. I almost felt like asking him to check my blood pressure while I was here. It was starting to rise.
Gord looked at the invoice and said something that made my ears stand up: "You paid $35.00 for the blank key. We had to code the blank to fit your car. This took a half hour of a mechanic's time. That's $40.00.
I protested vehemently. Mustering all of my legal skills I asserted eloquently, "No way I am paying for this."
Gord asked if I wanted to speak to the service manager, Wayne. Actually I almost expected the service manager to be called Wayne. Gord explained that Wayne was the officer whose say was final in disputes of this nature. I immediately opted for this dispute resolution path.
Within seconds Amy got on the intercom and blasted away, "Wayne can you see a customer who doesn't want to pay his bill?" Did I already mention that there is an Amy in...?
After a couple of minutes Gord came over to me and said that Wayne could hear the matter in his chambers near service bay number six. Sounded good to me. I felt a bit uneasy but as we approached the bay Gord told me not to worry, that the hearing was informal. I appreciated the reassurance.
Gord and I entered a room, decorated with a large Champion spark plug calendar covering one wall and a gargantuan poster of the Michelin man on the other. On the third wall was a slogan carved in wooden letters and reading, "Here, customers count".
Gord and I sat down and after about two minutes Wayne entered the room. Gord immediately rose to his feet. Instinctively I followed suit.
Wayne told us both to sit down and looking at me he uttered, "Mr. Strigberger, I have read the materials."
I started explaining to Wayne what the issues were. I insisted that I ordered a spare key. I paid for a key and I should receive a key.
Wayne interrupted, "But in order to work, the key must be coded, must it not?"
I responded that this was true but Al never told me about this. I pleaded negligent misrepresentation and I cited the principles of Hedley Byrne and Heller.
Wayne asked whether Mr. Heller had also purchased a spare key. I told Wayne I did not thing so. He responded that then it would not be on all fours with the case at bay.
Gord agreed with this ruling as he made some notes on his clipboard.
I then started thinking about what Lord Denning would do in these circumstances and I said, "A car key which does not start an engine is not a car key."
Wayne responded, "The key does start the engine, it just has to be coded first, and we coded it, didn't we Gord?"
Gord agreed, adding, "And we had to pay a mechanic a half hour Wayne."
Wayne continued, "If you were to buy a jig saw puzzle at Toys R Us, would you expect the store to send someone to your house to put the pieces together?"
"This has nothing to do with jig saw puzzles Wayne, I responded. I bought a key for my car. I paid what the key man asked for. The key does not work."
I recalled John Cleese's frustration in that Monty Python dead parrot sketch and I added, "Uncoded it is useless, worthless, it does not function.
What about the work done to get the key working. That's $40.00.
I said, "It's not like a quantum meruit type of thing. I never agreed to this work.
Wayne advised that he did not speak French. He then wanted to know if I had any other submissions before he rendered his decision. I pointed to that wooden sign and I said, "I thought Here customers count".
Both Gord and Wayne agreed with me that customers do count. When they could not get more specific, they did not appreciate my comment that customers count all the extra money they have to pay for service.
Wayne then looked at Gord and said, "I don't have to hear from you Gord."
At this point Wayne then called a short recess.
The hearing resumed ten minutes later at which time Wayne dismissed my motion without reasons. He did comment, "What kind of car did that Heller buy?"
At least he didn't hit me with costs.
As I paid for the vehicle Amy told me I still had one more kick at the cat. As we speak I have 15 more days to apply for leave to appeal to the dealership general manager, Dave.
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© 2007 Marcel Strigberger. This article CANNOT be copied or reproduced in any way without the expressed written consent of the Author.
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