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My Tesla got thrashed without my permission by Hypertint in Earlwood - STAY AWAY -

Discussion in 'Australia & New Zealand' started by jakevanle, Feb 1, 2015.

  1. jakevanle

    jakevanle Member

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    Location:
    Sydney, NSW, Australia
    Went and got a tinting job done there for the Tesla P85

    On Thursday 29th of Feburary 2015

    I left them with the car because I had other things to do
    On Completion of the job, Troy, the tinter was not there, I picked up the keys and went to my vehicle.

    1) The window turned out to be green
    2) When i got back in my car i could smell badly burned brakes
    3) I then noticed that I had 150km when I left them the car, there was 90km left - which was barely enough left to get home
    4) I checked my energy chart, It showed they had been thrashing my car for about 6 to 7km, so I took a photo of the graph
    5) I rang Troy, the owner who tinted the car, denied driving it, said he only took it around the block
    6) I called his ********, explained the energy chart, and told him I will be going to tesla to download the vehicle log and that the tint looks really bad, I asked for silver and I got green. I then told him I have a meeting to go to, if i may not make it home because its an electric vehicle. He offered to pay for a tow truck if it didn't make it back. I did make it back but I drove with no Air Con. With about 30km to spare.
    7) He did not negotiate to fix the window tint nor did he agree to fix any damage that may have been done to my vehicle during his joy ride
    8) I told him if he does not agree to pay for the damage and fix the tint I would be raising a complaint with fair trading NSW
    9) his reply? "Bring it on!" - What a complete wanker, not only did he screw the tinting up and thrash my car, made no reasonable attempts to rectify his misconduct and serious unprofessionalism
    10) I got a second opinion on the tint with another company and they were in agreement that it was **** and what he done to my vehicle was very disrespectful. They took photos and offered to redo the tinting job next week. It was rebooked in. They ripped of a piece of the tint, and it came off quite easily.
    11) I ripped off the tint on all the windows when I got home, It wasnt so much about the **** looking tint that he should have stopped doing when the first window turned out green, it was the fact that he thrashed my car around, made no apologies and made no offers to rectify the issues he caused except offer to pay for a tow truck if i did not make it home
    12) Going to head to Tesla today to down load the logs today as evidence for fair trading nsw
    13) Going to make my complaint later in the week
    14) will be seeking costs associated with re-tinting, damage to the vehicle and legal costs if there are any as he now wants to go to the tribunal without even trying to sort it out

    I am just writing this to warn other people, Tesla or not to just stay away from Troy and his company

    If anyone has any other suggestions before I submit my complaint or know what my rights are as a consumer, please let me know
    I just feel like Troy will just get away with thrashing someones car and only having to refund his tinting job.... surely if I took someones car without their knowledge for a joy ride i would be arrested and fined?

    I dont know exactly what the law is but I am just busy gathering the evidence before I file my complaint,
    any helpful comments would be appreciated, will post photos later of how **** the tinting job was before i ripped it off, if people seem interested in this thread


    thanks
     
  2. raynewman

    raynewman Member

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    I would ask the NSW Police if this constituted 'illegal use' as, unlike a mechanic, a tinter has no reason to 'take the car for a drive'.

    Ray
     
  3. StephenM

    StephenM Active Member

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    Just a note that there was another thread about a year ago where an owner thought that a shop had thrashed his Model S because of the spike in the energy chart, only to find out that the spike occurs because of how much energy is spent while NOT moving making the energy chart look like someone was performing doughnuts in the parking lot.
    Not saying that is the case with you, since you also had admission from the shop owner that he took it around the block and you could smell burnt brake pads, and a crappy install is whole other issue. I hope you get a resolution in your favor. Cheers!
     
  4. Roentgenium

    Roentgenium Member

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    Losing energy over time would make sense...if it was left there for a while. Sounds like jakevanle only left them the car for a day.

    I hope tesla helps you out with the logs!
     
  5. jakevanle

    jakevanle Member

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    Going to head off to Tesla St Leonards now, photos, after i drove it for about 12 min
    I can see when the guy had been driving my vehicle with the big spike in the middle
    I should be able to get my Odometer, but seriously, I had 150km down to 90km on the tank when i got back in. But seriously this is such a waste of my time with this Tinting crap

    I hope they make good coffee next door

    IMG_5305.JPG
     
  6. Shawn Snider

    Shawn Snider Member

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    This is why I would run a secure GoPro with a huge card, get anything and everything on cam!
     
  7. Auzie

    Auzie Tree Hugger Member

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    jakevanle, so sorry for such bad experience. My tinting experience was different, but I got tinting recommendation from other people at work that had their cars done, so there was a low risk in leaving the car. Also my risk of car abuse was much lower as I do not have a Tesla.

    Regarding going to tribunal, I had a bad experience with a plumber Mark who trashed my bathroom, making considerable damage, and took off. I will share that experience, hopefully that might help you scale your expectations with Tribunal.

    I documented damage (photos, quotes, receipts, etc) and took Mark to tribunal. It turned out that he was unlicensed, so I got some inspectors from NSW Fair Trading on the case as well. Mark falsely advertised as plumber and I got his quote through Quotify.

    Two cases in parallel were run against Mark, one by me at NSW Civil and Administrative Tribunal, to recover the damages costs, and another one was run by NSW Fair Trading, by their inspector, to fine Mark for false advertising and to stop him from further practising whilst unlicensed.

    The inspector acted based on my report, which I filed with NSW Fair Trading against Mark. The inspector had to build a case and gather evidence based on interviewing Mark's customers, including myself. The case against Mark consisted of the fact that he acted unlicensed and that he falsely represented himself as licensed to customers.

    The inspector told me that when he interviewed Mark, Mark was pretty blatant in not fearing and ignoring any legal threats, pretty much like your tinting guy.

    The Fair Trading case took almost a year to complete. The inspector informed me that Mark got fined $25,000 and got issued order to take down his misleading website.

    My case for damages at NSW CA Tribunal was faster. The judge was reluctant to award any damages. My impression was that I got about half of what I was asking for only because Mark did not even bother to turn up for hearings and I provided receipts for corrective works. These receipts were halved by judge and that is what I was awarded. I got an order for Mark to pay me a particular sum. Enforcing that order involves extra work and costs.

    After such experience, my guess of how you might go about getting some satisfaction:

    1. I doubt that you can get any damages for person taking your car for a joyride. You left the car in their care, they did not steal it. There may be a better chance of you getting satisfaction if you leave a bad (adequate) review on their website, tell your story, put the graphs that prove car use for prospective customers to see, or some similar adequate customer feedback.

    2. You might win order for some damages through CA Tribunal if you have documented evidence that the tint was not up to documented specification in a quote, if you can prove that with a paper trail. That might be difficult, your word against his, in which case you loose.

    3. Is that business subject to any licensing? If yes, report it to their licensing body.

    The work involved in pursuing the matter through the tribunal is not extra onerous, most filing can be done online, but you might need to attend a hearing or two in the city, that might be inconvenient (no parking).

    On a brighter side, you are the one who has a car that people salivate about, so there's plenty to enjoy.
     
  8. Dborn

    Dborn Confirmed

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    #8 Dborn, Feb 1, 2015
    Last edited: Feb 1, 2015
    I do sympathise. Having been around lawyers for a bit, the problem you are going to have is proving that you were not the one who caused the spike. If Tesla can can give you both a date and time stamp, AND you can prove that was the period he had the vehicle in his possession, then you may be on track. ( Just being a devils advocate here, NOT in any way doubting you, but knowing how legal eagles think!!). Also, do you have proof regarding your tint colour choice? If the job was bodgy as far as installation goes, you will need to get that in writing from a qualified person (qualified to make that assessment). I was told the smoky colours are about all standard now, but that may have been because of the brand of film stocked by my installer. Green IS a bit unusual. Bronze or smoky grey are the two usual film colours i have seen on cars. Also, i trust he did not use a metallic film? If he did, then you definitely have a case. It would block all remote transmissions such as from the fob.

    Also, i suggest to all others that you track your vehicle with the app while in anothers possession. I did this for the two days my car was getting opticoated and tinted by Reflect Effect. (He did a professional and good job, by the way) It showed the orientation of the car (which way it was pointing) as well as the fact that it was being moved in and out of the workshop (yes, it is that accurate), and which doors/hatch were open at any one time!! Amazing! It also confirmed that my car never left his premises for the duration, and that, as promised it would be undercover for the night while the opticoat was curing.
     
  9. yobigd20

    yobigd20 Well-Known Member

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    My Tesla got thrashed without my permission by Hypertint in Earlwood - STAY A...

    While they may have gone around the block, looking at the energy graphs isn't going to tell you anything. As they keep the doors wide open while they are tinting, if they ac or heat is on that's going to chew up about 3-8kW per hour they are working on your car. So if it takes them 3 hours , the car is going to eat up 9-24kW just sitting there. Then If they go around the block or even just move .1mi pulling out of the garage into the parking lot this is going to look like a huuuugggeee spike on the energy graph like thrashing your car. Unfortunately though it all it probably was was the heat on for 3 hours while it was sitting there being tinted. This has happened to a number of people who just got their car and are unfamiliar with how the energy graphs work and they immediate start accusing the tinter of joy riding around and they couldn't be more wrong.
     
  10. timpoo

    timpoo Member

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    I would say a few things:

    1. When you leave the car in possession of a mechanic or tinter, they can take the car to drive if it is reasonably within their job requirements to do so (eg mechanic driving after fixing up your car). However, in this case, I would argue that it is in no way within the tinter's job requirement to take your car for a drive, except to drive it to the back. If they did indeed take it for a drive without permission, then I think you should press charges. Of course - seek legal advice before doing anything.

    2. The energy graph over 50km average looks more like driving than A/C or spikes associated with a tiny bit of driving. Once Jake downloads the log files it should be very clear.

    3. If you ordered silver, and not green, then they have basically given you a product that is not as described or ordered. The fact that he just went and did the whole car anyway without telling you, is his problem and you have the right to a full refund. Again, I don't know every aspect of the scenario just going on your version of events.

    The ironic thing is that if he finished the job, and did a good tint, he probably could have got a test drive just by asking nicely.

    Good luck Jake!
     
  11. ggr

    ggr Roadster R80 537, SigS P85 29

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    I'll point out that the X axis is the km driven. When the car is being worked on, and the aircon/systems/radio/whatever is running, you get a very well defined spike on the graph, showing energy loss without any corresponding distance. This, however, shows some fairly spirited driving for about 6 km. Now, I (and probably Jake) can't PROVE (without the logs with timing information) that this was done by the shop, but it certainly looks like it to me. We had a similar problem with our Roadster at a hotel in LA, once upon a time, where the valets took it for a spin and left us without enough charge to get home. It certainly leaves a very bad taste.
     
  12. jakevanle

    jakevanle Member

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    Seen Tesla today,
    they were very helpful

    checked over the car, nothing has been damaged. Technically its sound, as for log files etc, they can't provide me with them, which sucks in my case.

    Bad brake smell, bad experience and bad tinting, he offered a tow truck for thrashing my car if i did not make it home... pfft...

    Reading the replies, honestly its alot of hassle to get this moron, I think i will just cut my losses, thanks for the tips with the tribunal... wow what a waste of time, i just dont want this to be more work than it is.

    I just don't have time to deal with these morons. In future, i will just be more careful who i leave my car with

    I rather just accept hes a complete moron, rather than waste any more time deal with idiots such as that. Just not worth my time, wasted half a day checking on a job that should have been done properly to begin with.
    I am just glad my car wasn't damaged and I am out of pocket for a tinting job, meh....

    I would just be as much as a moron as him if i bothered to waste any of my time and energy on people like that.
    Sometimes its easier to just accept some people have serious issues and don't involve yourself further in their lives. ( i learned this advice from dealing with my ex )
    and i do blame myself for assuming that Troy had the same professional standards as myself

    Dborn, the optifast coating.... is it worth doing? i only plan to have the car 4 or 5 years... its parked underground all the time, only advantage is that its easier to clean, but i just get people at the car wash to do it...

    But yeah... thanks for all your help guys, I just can't be bothered wasting my time with Troy and his tinting company. - i guess sometimes it pays to be a waste of someones time as people don't bother with you coz you are an idiot / POS

    there i feel better

    haha

    Cheers People

    :cool:

    - - - Updated - - -

    one more thing

    so everyone can have a laugh (i've ripped this tint off a few days ago)

    Under white florescent light (which will show how bad the tint is)

    This is what it looked like

    So if you want you car thrashed and this done to it, and that he considers this a good job, by all means see Troy at Hypertint, ask for a silver tint and you will get this Green Hyandai special and great service! (sarcasm) (though might look good on a green car? eer no!)
    IMG_5309.JPG IMG_5310.JPG
    I am just glad I removed the tint before anything dried hard onto the window

    - - - Updated - - -


    yep you are completely correct, there would be a SPIKE on the X if they were just using aircon or did a quick drag... but looks like some fun driving for 6 or so km. :cursing:
     
  13. Auzie

    Auzie Tree Hugger Member

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    Jake glad to hear you feel better. Logs from Tesla would not help anyway as even with logs and Troy's admission of joy ride, there is nothing you would be able to do with such information. It is not a criminal matter, and there are no damages due to joy ride so no real recourse for you.

    Regarding green tint, well first time in my life I do see a green tint....unbelievable. If there is a contract or quote for silver tint, you might have a case for Tribunal, and you might get the order for Troy to pay for your new tint job. It does take some effort, time and most of all willingness to pursue the matter. The desire to put the bad experience behind could be for the best.

    These people play on that, customers are unwilling to jump the hurdle to pursue them, as the effort, emotional and other costs easily outweigh the uncertain remote benefits.

    I checked the website, there is no facility for customers feedback or reviews. However, there is a Facebook link with some posts from customers there. If you are up to it, it might be an idea to post your photos and story on their Facebook page.

    Enjoy your new car :smile:
     
  14. cliff clavin

    cliff clavin New Member

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    Best way to respond is to post everywhere your experience with them. Hopefully someone down the road will read about your experience and use someone more qualified.
     
  15. redox

    redox Member

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  16. timpoo

    timpoo Member

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    Joy riding is theft. Theft is criminal.
     
  17. WhiteStar

    WhiteStar Member

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    Brings to mind a very relevant question, where is that valet mode and how difficult can it be?
     
  18. markb1

    markb1 Active Member

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    Not sure it would meet those legal definitions, since the shop had the car with permission, and the owner almost certainly expected the shop to drive the car a little bit. (Maybe just in and out of the shop, but that's still driving.) I've heard of a couple of instances similar to this in the states, and the cops typically won't do anything, because it's a civil matter. In Australia, who knows. But here, I think your only legal recourse would be a lawsuit.

    IANAL
     
  19. davewill

    davewill Member

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    Yeah, I doubt this meets the legal definition of joyriding which involves actually stealing the car.
     
  20. jakevanle

    jakevanle Member

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    yeah but i would have to go to the cop station, make a report on someone, etc etc, its just a mess and its vindictive... i guess no damage was done to my vehicle, and if i did this whole charging him and involving cops, technically I would be the bigger
    "wanker" as they call it here in Australia, and i don't like wasting the polices time... they really have better things to do.

    Recourse would be through the fair trading tribunal, looking at time vs money, its not worth my time.

    ive rebooked the tinting with someone else anyway, thanks Dborn for that Ceramic tinting... never heard of it, but will try

    :)
     

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