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> HELP Lost Small Claims Case, Vintage Misprepresented
jbegood2000
post Nov 12 2005, 12:15 PM
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Hi Everyone,

I need some help. I posted a thread a few months ago about an alleged 1973 1.7 I purchased in Fresno. I bought the car for $1,100.00 and invested another $2,600.00 in getting the vehicle to run right. After the car was in the shop for a couple months I picked it up and found the VIN numbers ground off the right fenderwell. I suspected something early on as I bought a '72 off of ebay about a month after I bought the "73" and began to see a lot discprencies in the car that I'll list below.

I went to small claims in Fresno on Thursday, Nov. 10th and my case was heard by a "Temporary Judge". Normally you can't appeal in small claims but this judge, only being an attorney, they allow you appeal his decision if you don't like it. I brought pages from Tech Tips 707 and "How to Restore Your Porcshe 914 & 914/6 (Patrick Paternie) and highlighted all teh differences from 70/71 -73. I know this "73" is a 70 or 71 for a fact with the VIN on the windshield and the headlight bucket being changed to match the '73 pink slip. The judge rushed me through the differences and seemed to forget that I told him any conversion of dash column, dash board and retractable seat belts was impractical as it was far too labor intensive to be logical. The paint code tag is still on the car L60E (Irish Green) which was not a 1973 offering only 70 or 71. I also brought several pictures of the subject vehicle as well as an actual 73 that was pristine that I saw at a PCA A/C in Stockton in September.

The dilemna is this he told us he would be taking all the evidence and comments under advisement and let us know by mail. I just looked my case up on the net and he has ruled that I did not prove that the DMV would not register the vehicle and that I did not prove that the car was not an actual 73 and could not prove that the vehicle has a reduced value because it has been compromised (he's obviously not a car kinda guy). He said he would review the evidence but obviously did not. The irony of the thing is that when I checked in to court the bailiff said "Hey you're suing over a Porsche is it a 914?" I told him yes and he said "Man I had one of those it was favorite car". The few items in dispute the judge did allow to me read the bailiff stood there shaking his yes to everything I said. After the hearing the bailiff chased me down in the hallway and said "Hey if you get stuck with that car I'll give $400 for it" So I guess the judge didn't pay attention to the bailiff either...lol

Okay guys here it is how much would you pay for '73 or any 914 with the VIN number shaved off it as opposed to a vehicle with matching VINs and needing fresh paint (body is staright) and new carpets, seat covers, targa top rubber, new windshield seals and replace battery tray. Subject vehicle has good rubber on Fuchs? How much would pay for a car this compromised even with proper VIN? How much would pay for 73 in similar condition that is original?

The dicrepencies brought into evidence that tells me it's a70/71 were:

L60E Paint Code (and actual vehicle color as well)
Stationary Passenger Seat (corduroy seat inserts)
Non-Retracting Seat Belts
Wiper Switch on Dash (not column)
Center Dash Vent
No Front Bumperettes
Gold Emblems
Two Piece Park Brake Handle
Muffler ( I ordered a new one from Pelican Parts and when the shop put in on the rear valance would no longer fit)

Please enter any and all opinions as I will print them and take them to my appeal.

Thanks In Advance !!!!!

Larry

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LvSteveH
post Nov 12 2005, 01:51 PM
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The problem with your case, is that you did not "prove" anything. Your evidence is suspicious, but there is no actual proof, as you presented it, that a small claims court judge could use to render a binding decision. Proof would be finding evidence of the original VIN, or proof that VIN currently on the car is not original to the car. If the factory VIN was simply ground out on the fender, then you can strip the back side to bare metal and read it from the back. It helps to take a digital picture to enhance and reverse the image to make it readable. IF the car was stolen, it could have been so long ago it has fallen off all the books. If you can avoid it, you do not want them to reassign a VIN, because it is a generic VIN and not in the factory format.

You’ll also have a lot of trouble fingering the person you got it from, because they could have been an unsuspecting victom just like you were. It becomes a bit of a hot potato, and you are the last one holding it. What you spent to buy the car originally isn’t all that much, and he could price all the parts and say what you paid was a fair price just for the parts you received.

Your best bet is to do research and try to find the VIN that belongs with the car, then you can order the certificate of authenticity from Porsche, and confirm the body number. You can also check with your local department of motor vehicles. They have access to a service that can run a history on the VIN, as it was brought into the country back in the 70’s. I think the data is on microfiche and they have to call in to have it researched. They may or may not have a body number that corresponds with the car.

I know it sucks, but it isn’t the end of the world. Do everything you can to get the right VIN back on the car. That way you are 100% legal and correct, and it only slightly affects the value. If you have a VIN assigned or use the inaccurate one, then you aren’t that much better than the people who switched it in the first place. Do not put too much faith in the DMV or police. They will give you a new VIN just to get you out of their hair, and as long as it doesn’t show up on a hot list, they really aren’t too concerned. I would not rest until I had the right VIN on the right car. Otherwise, buy a clean roller and swap the parts. Good Luck.
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