Great Car - Pity about the after sales service, or should I say lack of service

[parisfrance]

I think the poster did the right thing by warning other potential buyers in WA...
Why should he foot the bill for a warranty issue and the resulting damage caused?



As for the use of a dash cam.. I am thinking of getting one.. What is the rule?Varies from State to State.
If a dash cam records a person damaging my vehicle and talking about it, is it illegal? Not in Western Australia
If the footage was handed over to the cops will I be arrested for violating the privacy of the person who damaged my vehicle?

The WA Police love dash cam footage; it provides irrefutable evidence of illegal road activities. If you have any questions visit your local Police station. Also your State motoring authority e.g. RACWA, NRMA etc can be a source of useful information.

I strongly recommend you invest in a dash cam, both front and rear facing.

[brad]

...and for sure it's a different story, when you have set up camera somewhere outside of your residence that secretly records and you aren't part of the footage. It's very likely illegal.

That implies dashcams and video cameras (and the images they store) are illegal. They aren't.

An organisation is bound by the Privacy Act 1988. An individual is not.

In a public space, video is fair game unless you are a dirty perv.

In a private space (such as a dealership workshop), the rules are set by the owner of the space. If they haven't set any rules then video is fair game. This is why some dealerships now have signs up forbiding customers from recording images.

It's not OK to record a Private Conversation but the definition of a Private Conversation is:

a discussion that’s meant to stay between the people involved. In most states and territories, a conversation is not considered private if the people involved should reasonably expect that someone could overhear it–for example, if they were talking loudly around other people. But in some states and territories, a conversation can still be considered private when a third person overhears it, as long as those involved in the conversation know that the third person can hear it.

So at the dealership, I guess the two mechs in the car were having a private conversation.

It's interesting that no action seems to have been against Michael Lawler (a solicitor) when he secretly recorded conversations with his Justice Iain Ross at the Fair Work Commission. I guess Lawler works on a higher plain than the rest of us.

[Bayman]

We have agreed to let them have the car for up to eight calendar days, during which time we will have use of a loan car. Note the loan car includes a $2000 excess payable by us if damaged;
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Eight days seems far too generous, I guess they are waiting on a you tube instructional video from VWG or SKODA in Checz. (My service advisor told me the use these for training).
My wife demanded and got a dealers saleman's Golf when a 4 week gearbox swap ended up taking 6 weeks and the car failed 20 kms after picking it up. No excess or paper work, just handed the keys. I suggest you get your wife or female partner/friend to do all the talking as men seem to be less annoyed than a woman screaming she got forced into limp mode by incompetent techs' work. Although not a mechanical issue in your case the fact that you have been misled, suffered poor workmanship on a new car problem means the car was not merchantable quality to start with and not picked up on pre-delivery. I would not take delivery of your repaired car until you are satisfied. Try and get a auto professional to assess the car at collection with you, thereby showing the service manager you won't take shyte. Good luck.

[Transporter]

That implies dashcams and video cameras (and the images they store) are illegal. They aren't.

An organisation is bound by the Privacy Act 1988. An individual is not.

In a public space, video is fair game unless you are a dirty perv.

In a private space (such as a dealership workshop), the rules are set by the owner of the space. If they haven't set any rules then video is fair game. This is why some dealerships now have signs up forbiding customers from recording images.

It's not OK to record a Private Conversation but the definition of a Private Conversation is:


So at the dealership, I guess the two mechs in the car were having a private conversation.

It's interesting that no action seems to have been against Michael Lawler (a solicitor) when he secretly recorded conversations with his Justice Iain Ross at the Fair Work Commission. I guess Lawler works on a higher plain than the rest of us.

Hey brad, I don't need an explanation, I just use a common sense.

But, if you're so sure that what you say will never cause you any trouble, I give you something to try. Put a GoPro cam on you and record everywhere you go, of course I encourage you to follow your own advice "if you see a sign, the video recording is not allowed", don't record, other then that have a ball.

[Rubbadub]

So, did you get the black or the green Yeti?

I had both after a one day job turned into 4 working days (plus a weekend in between).

I recommend the green one - the new model is definitely a step up from the older one.

[afterdarker]

People are filmed or in some way monitored (GPS tracking / voice recording) at work all the time. Why should it be any different at a dealership? If you aren't doing anything wrong then what's the issue (sure, you might be pegged picking your nose. Big deal).

It would be only a voice recording, unless the cameras are pointing inwards or sideways. If the bonnet is up then what will you see?


What part of "the only Skoda warranty provider in Perth" don't you understand?

Why should the OP pay for both the warranty repair of the sunroof and the rectification of damage done by the dealership mechanics? I've known of 3 year old cars to be written off due to sunroof issues.

People are filmed or in some way monitored (GPS tracking / voice recording) at work all the time. Why should it be any different at a dealership? If you aren't doing anything wrong then what's the issue (sure, you might be pegged picking your nose. Big deal).

It would be only a voice recording, unless the cameras are pointing inwards or sideways. If the bonnet is up then what will you see?


What part of "the only Skoda warranty provider in Perth" don't you understand?

Why should the OP pay for both the warranty repair of the sunroof and the rectification of damage done by the dealership mechanics? I've known of 3 year old cars to be written off due to sunroof issues.

There is a big difference between filming in a public space and secretly filming someone without their permission on private property. What is it about that difference that you don't understand?

The point I am making is to engage in activity that may lead you to be liable for civil or perhaps even criminal damages is not a great negotiation strategy.

In his original email to the MD of Skoda the OP neglects to mention "I have secretly filmed one of your dealerships". Everyone has an opinion, but I can tell you as a Managing Director myself, if I received that sort of information from a customer, it crosses the line, and I would hand it straight to the corporate lawyer for immediate legal action.

[brad]

Hey brad, I don't need an explanation, I just use a common sense.

But, if you're so sure that what you say will never cause you any trouble, I give you something to try. Put a GoPro cam on you and record everywhere you go, of course I encourage you to follow your own advice "if you see a sign, the video recording is not allowed", don't record, other then that have a ball.

You can know the law or make it up as you go along - your choice.

Personally, I know the law.

[brad]

In his original email to the MD of Skoda the OP neglects to mention "I have secretly filmed one of your dealerships". Everyone has an opinion, but I can tell you as a Managing Director myself, if I received that sort of information from a customer, it crosses the line, and I would hand it straight to the corporate lawyer for immediate legal action.

Yeah, because two wrongs always make a right.

[afterdarker]

Yeah, because two wrongs always make a right.

Yeah. The first wrong is poor dealership service. We are all here agreed on that. But the second wrong is secretly filming and recording the dealership employees on their private property without anyone's knowledge or permission.

As you claim to "know the law" - what statute exactly permits and condones that sort of infringement of privacy? A Go Pro does not come with a license to film anyone, anywhere.

Consent. You must have consent. Even cops will ask you for it! It wasn't given here. It wasn't even asked for here.

[brad]

Yeah. The first wrong is poor dealership service. We are all here agreed on that. But the second wrong is secretly filming and recording the dealership employees on their private property without anyone's knowledge or permission.

As you claim to "know the law" - what statute exactly permits and condones that sort of infringement of privacy? A Go Pro does not come with a license to film anyone, anywhere.

Consent. You must have consent. Even cops will ask you for it! It wasn't given here. It wasn't even asked for here.

And the 3rd wrong is "lawyering Up" the moment you feel a bit threatened rather than trying to resolve the situation.

You keep saying "filming" (images) but I think you'll find the OP has a sound recording made on a filming device.

As mentioned previously (I'm sure you didn't read what I wrote because I actually commented that the legality of taping their conversations may have been outside the letter of the law), I suggest you read the Privacy Act (unfortunately, each state is slightly different for all the acts), the Surveillance Devices Act, Invasion of Privacy Act & the Listening & Surveillance Devices Act.

Keep in mind you need to be aware of the correct definition of "a public place" and the correct definition of "a private act or conversation".