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Consumer Watch: Stolen scooter leaves owner facing off against repair shop

by Kyle Brown

WHAS11.com

Posted on November 4, 2009 at 6:05 PM

Updated Wednesday, Nov 4 at 6:22 PM

A Louisville man says his wheels were stolen out from underneath him when his scooter was taken from a shop where it was being serviced.

He called WHAS11’s Andy Treinen, and when Andy answered this week’s Consumer Watch was off and rolling.

“I don’t think I should have to pay,” said Darryl Miller.

Miller is the victim of a crime. His scooter was stolen from Cycle Smart on Preston Highway on September 23rd. He says it had been in and out of the service shop since autumn of ‘08 when he brought it in for an oil leak.

“They couldn’t find the leak. They sprayed it off and gave it back to me,” explained Miller.

Miller says he paid $180 for labor, repairs, and a battery. He brought it back twice because the oil still leaked. Only this last time when he went to get it - it was gone.

Miller called metro police and they showed up armed with questions. Miller reeled off those questions for our camera.

“What proof do you have that he picked his bike up? Where did he sign for it? How much did he pay? They said we don’t ever let nobody sign. They said where is the receipt where he paid? They said ahhh we don’t have one.”

Cycle Smart doesn’t deny Miller’s scooter was taken from its shop on Preston Highway. They’re offering Miller a new scooter if he pays the $275 bill for service the company says it did on the stolen scooter.

The general manager of Cycle Smart did not want to be interviewed on camera for the story and they asked us to stay off the property. 

But Tony Stewart did send WHAS11 a lengthy written statement.

It says in part: 

Cycle Smart feels that we have been more than fair and have gone over the top to satisfy Mr. Miller.... We at Cycle Smart are prepared to issue Mr. Miller a new cycle complete with warranty to replace his old/used unit.

But Miller says the offer came with conditions, and only after they twice accused him of having the bike.  And a police report indicates the thief got it for just $40.

“They told the police officer that a white guy came and picked it up and paid them $40,” said Miller.

Cycle Smart tells us the employee who took that payment is no longer with the company. And both parties mentioned a possible inside job.

“First they told me I got it and their mechanic told them I got it,” relayed Miller.
He doesn’t think he should pay for repairs and Miller wants the company to compensate him for sunglasses and gloves inside the console of the stolen scooter. Cycle Smart says show us the receipts. 

The statement continues: please understand, we made this offer well before you contacted us, If we have done anything wrong, it is being just too generous.  We will make this offer of a free scooter till close of business Thursday, Novermber 5th.

If you have a consumer problem you’d like us to look into send and e-mail to consumerwatch@whas11.com.
 
Here is the complete written statement sent to Andy by Cycle Smart:


Mr. Treinen,
In regards to Mr. Miller and his scooter, Cycle Smart feels that we have been more than fair and have gone over the top to satisfy Mr. Miller, who seems never to be satisfied.  We do feel that something fishy is going on. 

Regarding the payment to Mr. Miller for scooter rental, I contacted the company that Mr. Miller said he rented the scooter from and they responded “we do not rent scooters”.

I’ve asked Mr. Miller to provide me with receipts of the rental and I would gladly reimburse him for the expense.  He has not been able to provide those receipts even though he claims he has them.  Therefore, he is clearly lying. 

We at Cycle Smart are prepared to issue Mr. Miller a new cycle complete with warranty to replace his old/used unit.  All we ask for are the receipts from Mr. Miller which he has refused to provide. 

So simply put, how can someone complain to a dealer whom has offered to give him a new free cycle in replacement for his used and far less valuable cycle, and refuse to provide receipts that he claims he has and refused to come get the new cycle. 
 
Please understand, we made this offer well before you contacted us. 

We are offering no more now than we were before your contact with us regarding the complaint. 

If we have done anything wrong, it is being just too generous.  We will make this offer of a free scooter till close of business Thursday Novemeber 5th. 

Furthermore, Cycle Smart will not allow WHAS 11 on the property for an interview or story as that will disrupt our day to day business. 

I trust that you will dismiss any thaught or a need to do an article or item on this issue, but should you procede, I wish for you to inlcude the entire body of this response, unedited.
 
Thank you for your time
 
Tony Stewart

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