General stilo comes off worse in car wash spat.

[jasper]

[img=http://img253.echo.cx/img253/240/dscf00066mn.th.jpg]


So this is what happened to my Stilo last Saturday. I'd arranged to be on the FF stand at Stanford the next day. I almost always wash the car by hand this would have been only the third automated car wash in 13 months. But we were due at a friends for lunch and it looked like it might rain so I thought what the hell I'll pop it in the car wash.

The brushes had done a sweep front to rear and were on their way back over when BANG the rear screen shatters and pops inwards all over the parcel shelve and some on the back seats where my 5 month old was sat in his Baby seat. Luckily the way the glass is designed to shatter means it's quite hard to cut yourself on it (but that's not the point).

The garage attendent didn't want to know all he could say was that the manager was on holiday. I phoned Shell UK who gave me the owners name. I have called both manager and owner since this happened neither will speak to me or return my calls when I leave a message. I am £50 down for windscreen replacement excess and £45 down for petrol and wash token. Obviously I needed the petrol anyway, but the least I'd do as a garage owner is refund the £45 as a goodwill gesture.

I have two witnessess that are prepared to verify I operated the wash correctly and the car was positioned correctly. The Guy from AutoGlass (1st class service by the way) was also shocked when he learnt a car wash had done it. The only thing we could both surmise was that because the spoiler is bolted through the rear screen that the brushes had tried to lift the sopiler and popped the glass. Although there is not a dent mark or scratch on the spoiler??

I'd like to try and take the owner to small claims court although I should imagine that this will put me even more out of pocket? But I'd like to do it just for the principle especially as no one has had the common deceny to even say anything to me about it.

what would you guys do?

 

[Ben R]

Hello mate I'm sorry about the car & you not being able to make Stanny. Personally I would try a county court form first, you can pick one up from your local court house or council office. Then you list the damage all the losses incurred by you, I hope you kept all the reciepts, & I think you submit it to the court who then take action on your behalf. Stu will probably be the best person to talk to.

 

[custard]

nasty,small claims is only about £30 which you get back if you win.
took a mountain bike company to small claims(never buy from dave hinde!!!)and i won BUT as im in scotland and they are in england i had to employ a soliciter and baliff to enforce the judgementso didnt really come out on top.

you wouldnt have that problem though

what you can do is fill out all the forms for small claims and send a copy to the owner with a deadline for them to respond before you file. if you file a small claims and they dont respond to the courts letter you automatically win as this happened to me.

 

[HP]

Have a close read of the do's and dont's at the car wash - some say don't use if you have spoilers etc.

 

[Pongo]

I'd write a letter to Shell, the owner and the manager first (recorded delivery) giving ,say, 7 days to recieve a reply. and see what happens.

 

[jasper]

Have a close read of the do's and dont's at the car wash - some say don't use if you have spoilers etc.

I know what you mean mate - thing is the spoiler on the Stilo isn't really a spoiler as such (compared to say a spoiler on a Scooby) it's more of an aerodynamic 'lip'. Plus Other Automated car washes have been fine. Although of couse your right... the owners will claim it was at my risk entirely; but I would claim it's not a spoiler and everything about the car is standard factory fit and I followed the instructions RE operating the wash.

I shall look into the small claims court as a couple of replys have indicated this can be quite 'easy/painless'...thanks for your advice/comments....

 

[tinnedpeas]

Instead of queing at the court offices, it might be worth having a look here:

https://www.moneyclaim.gov.uk/csmco/index.jsp

A guy at work has gone down this route and it seemed quite painless. As long as your claim is less than £100k you should be OK......

oh btw, been lurking for a while, just love my Stilo

 

[Pongo]

I shall look into the small claims court as a couple of replys have indicated this can be quite 'easy/painless'...thanks for your advice/comments....

What I was trying to hint at earlier is that the court will most likely take a dim view of your claim UNLESS you give the plaintif notice in writing of monies owed to you, the reason owed AND give a reaonable time period for them to dispute or settle the claim.

 

[StiloBoy]

Car damage is why i only go for those foam jet wash things, run by men, not machines, and even then only very rarely! Can't beat hand washing it yourself, if you scratch it, damage it, break it, you've only yourself to blame!

 

[Neil Barker]

I know what you mean mate - thing is the spoiler on the Stilo isn't really a spoiler as such (compared to say a spoiler on a Scooby) it's more of an aerodynamic 'lip'. Plus Other Automated car washes have been fine. Although of couse your right... the owners will claim it was at my risk entirely; but I would claim it's not a spoiler and everything about the car is standard factory fit and I followed the instructions RE operating the wash.

Disclaimers such as that generally aren't worth the plastic they're printed on - nothing contained in them prevents you taking court action to recover your losses and I have little doubt that it wouldn't even get to court once the owner had received the summons.

 

[leehndrsn]

Have a close read of the do's and dont's at the car wash - some say don't use if you have spoilers etc.

Before you waste more of your time and effort I'd see if it does mention about spoilers...if it does I very much doubt you'll get far

 

[dave]

someone i know (not me :devil: ) would go to the garage in the middle of the night and super glue the locks,

 

[leehndrsn]

someone i know (not me :devil: ) would go to the garage in the middle of the night and super glue the locks,

Hopefully they choose the non 24 hr ones

 

[Koa]

I'd write a letter to Shell, the owner and the manager first (recorded delivery) giving ,say, 7 days to recieve a reply. and see what happens.

Thats exactly what the trading standards and citizens advice would recommend and me also

Play on the fact that your baby was covered in glass mate, it's your word against theirs and they will not want to go public over something like that.

 

[poggy]

I would go for the safety angle and explain to the owner & Shell that you will be asking the Health & Safety Executive to investigate the accident as it could have led to serious injury to your child (which is no joke, because the next person might not be so lucky).

I am not 100% sure, but as this accident occured on their premises, they should have filled in an accident report form. They should also have a health and safety procedure for the car wash and regular documented inspections etc.

The disclaimer signs are worthless as they can't ignore their responsibility to ensure a safe environment. I claimed off B&Q when a shopping trolley damaged our car because they hadn't been tidied up for some time and one rolled into our door.

As everybody else has said, send a recorded letter to the garage and Shell asking for a response within 7 days and details of their health and safety procedure as well as copies of the maintenance record for the car wash.

Good luck with it.

 

[jasper]

Thanks for all your advice folks. I shall go down the road of writing to the owner and giving them seven days to respond. I'll keep you posted.

 

[Whitevanman]

just to let you know this isnt that uncommon
you may not know this but im a van driver and we put our vehicles though a truck wash which at one put my windsreen through on the sprinter so i hope the fact that you are not alone makes you feel a bit better
of course i dint have a bairn in the car and it was a works van so i dint have to shell out for a replacement ( so it might not ) but the principle is the same i wouldnt use a car wash like that again



oh and ps have the owners come back off hols yet?

 

[Andeh]

Put in the baby in the back bit, anything that age(im guessing it very young) is bound to get distressed over this and if there was glass(even safety glass around it, it cant have been good.

 

[MacK-MinTeD]

Sorry to hear that, glad the baby was ok must of been sum fright though.

Neva going in a car wash again. will hand wash for the rest of my life