yaugher
Joined: 24 Sep 2007
Location: KENT
Posts: 271
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| Damage in car wash Advice? |
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Hi can anyone give some advice please?
Large supermatket group garage, has a car wash, sign in garage says no responsibility for any damage caused BUT no sign on machine.
Rear windscreen wiper damaged (snapped off).
Garage attendant saw what happened, picked up the broken wiper from floor told us to go into garage and report it.
When reported garage mamager took all details said wasnt sure if we had to get it reppaired and they pay or they repair it for us.
Now they claim no liability.....are they right or wrong? is their disclaimer sign valid? (They also now quote in their letter that the drivers handbook (Renault Megane) said we should have taped the wiper blade down!!
Any Legal Eagles out there who can advise? should we persue it or give in now?
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 Sat Sep 06 2008 6:39pm |
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npinks
Joined: 30 Jan 2008
Location: Kippax
Posts: 286
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in a old car a advertisement sign was up on the kerb just out side the pay window, its feet were sticking out and i claimed from them for the repair as it took off a side skirt on my car.
Little different to your claim but i had no problem claiming just short of £400 off the Total garage 
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| Sat Sep 06 2008 6:49pm |
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countrywide
Joined: 16 Sep 2007
Location: Sunny South Coast
Posts: 1847
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I have claimed from a supermarket for damage in a car park despite notices, the signs don't affect your normal rights. I am no expert on law, but if it says to tape the wiper in the book before going in a car wash then you have been negligent it no doing so and contributed to the damage. Not saying your negligent, but that's what they will push for.
Have you got legal cover on your insurance.
Last edited by countrywide on Sat Sep 06 2008 7:05pm; edited 1 time in total
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| Sat Sep 06 2008 7:05pm |
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yaugher
Joined: 24 Sep 2007
Location: KENT
Posts: 271
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npinks...Many thanks for that....may help..
Incidently the car wash disclaimer sign was high up in the pay area and not even clearly displayed..if that makes any difference....
Any comments from those why have had similar damage?
or info about "disclaimer notices"? and the validity of same>
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| Sat Sep 06 2008 7:05pm |
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yaugher
Joined: 24 Sep 2007
Location: KENT
Posts: 271
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countrywide...
Thanks....the legal cover aspect is a Good Point..we wll look into that .
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| Sat Sep 06 2008 7:23pm |
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catoperator
Joined: 29 Jan 2006
Location: hampshire
Posts: 143
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the manual say tape it down before using the carwash ,there is a sign at the pay desk ,everyone knows bits get broke off in car washes ,and you still want to do the claim blame thing , 
this country is going the same way as america
just go and buy a new wiper and wash it by hand next time 
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| Sat Sep 06 2008 9:50pm |
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90BHP
Joined: 18 Oct 2006
Location: Half way along the road on the right
Posts: 2044
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I had a Gore-tex coat stolen from a locker in a leasure centre about 18 years ago. At the time I was young and Gore-tex was expensive 
Anyway, My dad (who had a law degree) wrote to the council pointing out the finer points of the law. Now it was a long time ago but it went something along the lines of a disclaimer is worth fook all unless it is pointed out to you at the time you book, enter the premises etc.
Well thin on detail and can't ask him anymore. But the letter worked and I got a crisp new Berghaus out of it. Better still, my original was from the design house and was a bit of a one off - spotted a local builder wearing it getting into his van. reported and got that one back too "To finish first, one first has to finish ...."
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| Sat Sep 06 2008 10:12pm |
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hernan1304
Joined: 28 Feb 2008
Location: Dubai
Posts: 388
 
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Was it just the wiper blade that got snapped off, or the metal arm that's actually connected to the car? As I recall, wiper blades are held on by a plastic clip which comes with every new blade when you buy one. If it's just the blade that snapped off, and you're threatening legal action over something that probably won't cost you more than 10 pounds...
If on the other hand the damage was to the metal arm that will need to be repaired/replaced by the stealer, then you might want to argue that if they are aware of the fact that most rear wipers run the risk of being damaged in their car wash, the attendant should have offered to tape it for you. How did they know your manual says to do that by the way? Here in Dubai the attendants keep a roll of tape on hand for this purpose.
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| Sun Sep 07 2008 5:34am |
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DG
Site Moderator
Joined: 12 Dec 2005
Location: In the pubic domain !
Posts: 15301
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Their sign may not be valid if it implies an unfair contract term:
http://www.oft.gov.uk/shared_oft/reports/u...oft188.pdf
Quote:TOTAL OIL GREAT BRITAIN LTD
Source of complaint: Trading Standards Department
The company operates car-wash facilities at its petrol service stations.
A notice was displayed outside the car wash declining all ‘responsibility for any injury, loss or
damage of whatever nature and howsoever caused arising directly or indirectly’ from the use of
the machine or the premises. Another notice disclaimed ‘responsibility for any damage to
property or injury to person(s) resulting from failure to comply with the above instructions’.
The signs were removed from the service station (and a review was being undertaken to ensure
other customer notices used by the company elsewhere did not breach the requirements of the
Regulations). The notices could have excluded the company’s liability for breaches of contract and negligence.
They had potential for unfairness in the light of paragraph 1 (a) and (b) of Schedule 3.
The contract is made at the point of sale so the warning sign doesn't have to be in more than one place other than the counter. As is made clear above the sign is useless if you can demonstrate their negligence in some form i.e. if you can prove that the car wash malfunctioned then you will have a strong case.
Long shot.. but good luck with it Powered by TorqTune
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| Sun Sep 07 2008 8:20am |
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DSL
Joined: 11 May 2006
Location: In the Dog House!
Posts: 10219
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Also (AFAIR) nothing in any sign or contract (sign forming part of contract) can mitigate anyone or any company's liability in the result of injury or death. Dragged from a long dormant part of my brain so things may have changed since then!  Honda Dog U better DUCK!!!!!
and Honda Dog supports
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| Sun Sep 07 2008 9:44am |
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yaugher
Joined: 24 Sep 2007
Location: KENT
Posts: 271
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Thanks for the comments guys
Just to clarify it
and
the car isnt mine its inlaws they are late 70s early 80s on pensions ....
I felt (and still do) that they were treated very badly over this and as it cost them £60 to have the wiper blade AND arm replaced, I think that they should not have to suffer the cost ...I wont name the supermarket but its a bog one and "every little helps" them! but seemingly NOT their valued customers!
I do intend taking it up with the company and still seek adice as to the best way to deal with it....
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| Sun Sep 07 2008 3:18pm |
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