carwash damage £1683,93 company denies

[startfresh]

sunday i went to my local garage, car wash,theyve been doing a promotion £2 gets you a top wash.
every thing was going fine the car sprayed cleaning fluid and the spinning foam wheel turned and crashed
straight through the back window and glass shattered all over.i started the car up and drove out fast the machine
returned to start mode.two witnesses came over and said yu ok mate i said yes ,they said same as me that the spinning wheel crashed through the back,i saw the manager he was ok but he said did you have hand break on etc
i said yes all was correct,he said youre car as a spoiler on it.(my car saxo vtr 1.6 on private plate) he said no spoilers allowed the management do not accept response ability,he wrang the owners and he told them it had a fitted factory spoiler,ok theyre denying liability as usual,so the only option is solicitors and cash the cars only worth £1000
ive put a plastic cover over tail gate and glass is every were my insurance cant help and have told me that the car is
not secure and my insurance will be voidish if stolen.i have a free half hour solicitors fee soon ill update as we go on
uncle fresghy

[llewop]

your car is worth more than that. even after you let me drive it

maybe take them to small claims court?

[llewop]

freshy... were there any signs in the carwash saying about spoilers?
even if there were a sign saying about spoilers, as your car has a factory fitted spoiler (making it standard??) then it could be argued that this was not a reasonable exclusion clause.

Maybe you can ask the garage to give you proof that the required maintenance or manufacturers servicing maintenance was in date. Also, maybe you could report this to trading standards?


you could write them a letter, something like this ------

On Sunday 15th April, I used your car wash. Whilst in the car wash there was a malfunction that has caused extensive damage to my car. I have details of two independent witnesses who saw that the spinning brush crashed through the back of my car causing the window to break.

The cost of damage to my car is £??????.

Whilst I do not want to cause inconvenience to yourselves in pursuing this matter within the Court, I feel that I am left with no other choice as I have been informed by the manager at the site that you do not accept responsibility for this.
Unless you make payment in respect of the damage caused, I will have no other choice than to take legal action against yourselves and pursue this claim through the small claims court.

Please note that if I do not hear from you within seven days from the date of this letter, then I shall start Court proceedings to claim for the damage caused plus an additional payment for expenses that I have incurred as a direct result of your negligence / faulty equipment.

PAY UP... OR I WILL TAKE YOU TO THE CLEANERS

[hughlle]

If you were not warned, and there was not a sign specifically stating that spoilers were not allowed, then they have no ground to stand on.

[startfresh]

there was a sign with a spoiler the size of a subaru f1 type mines a tiny 1 check out pics of saxo vtr

[hughlle]

Indeed i know what a little saxo has on it's rear, and yeah, it's barely a bump, especially in comparison to the monstrosity that is a WRX spoiler. I'm no lawyer but i would have thought that should you contest it you will win. afterall it is a contract between you and them and contracts must have full disclosure, unless they specifically state what is and is not acceptable for their carwash then one would assume they are liable.


*Edited for typo's Jayen4.

[Jayen4]

The spoiler has got absolutely nothing to do with it !!! These car wash brushes operate by sensing the pressure on the brush. If it's smashed straight through the back window,then that is a faulty machine....no doubt about it !

I would go back there and make them give you the details of the car wash owner/operator ! If they refuse,consider reporting the damage to the police (then at least you have a 'crime number' for your insurers)......and also make up a big sign and stick it at the entrance to the site....''This car wash wrecks your car !!''....have your car parked there as proof. Get the local press interested.....a bit of pressure in the right quarter works wonders.

Maybe contact the H&S people and possibly Trading Standards......they may have some means to make these people pay up....you never know. Whatever,do it quick !

Alternatively,borrow a JCB from your friendly local building site....drive onto the car wash site.....and say.....Your car wash is broken.....do you want it breaking permanently !!??

DON'T let them get away with it !!

[bodge]

Mate of mine in Plymouth went into a polish run hand car wash on Tavistock road and they scratched his red EVO he was not best pleased when the "manager" stated "we are not responsible for any damages occured on private property" so fek off and Dave punched him out with a right hook.

I know your not violent so a simple writ should suffice.

[startfresh]

ive tried to down load pic forgot all doit you all get a thanks freshy

[mikessss]

In the mean time, you could get a replacement tailgate from the scrapyard for not much (got a corsa one for £20)

4 bolts and some wires are your car is secure.