Car wash

locteau

Hi Guys,

I need some help. I bought an automatic car wash ticket in Tuam last night.

I found the machine quiet rough on the car compare to usually.I use it every second week at the same location.

When it passed the wing mirrors it just unfolded them and broke the glass on my right side and the left indicator of the wing mirror.

I went to the shop and told them what happened and they said it was my responsibility and using it at my own risks.

Is the machine should be fit for purpose ? Disclaimers also has to be fair on the consumer, after all it is a car wash ? The cost of repairs is around €90

Any thoughts ?

Slippin Jimmy

Every single wash that I have used has displayed any damage etc is at the owners own risk. I do believe you op, but they may argue that the damage was already there prior to using their car wash.

Best advice is take your business elsewhere.

L1011

The disclaimers are generally strong enough that they'd be able to challenge you - you could attempt a small claims court claim (€25) if you wanted though

Brush washes destroy your paintwork and can't actually clean lots of bits of the car in the first place, so I'd advise never using them again once repaired.

goodlad

I had one of these machines rip the mirror off my car a few months ago.
I was fobbed off by the owner of the Garage but disclaimers aside, there was a green light on the machine to say my car was positioned ok and then the machine started.

I went to the small claims court and won the case. The defences argument was that the machine only has sensors for if the car is forward or back enough and that's when the green light came on and it was my own fault that i was too far to the right which is why the mirror got whipped off.

But the fact that the machine gives a green light saying everything is ok and that the machine doesn't have a sensor for the cars side to side placement was what won me the case.

Was only in there maybe 5 minutes.

locteau

Thanks,

The CCTV should show my car without damage then 5min later I took pictures of the damage and went to the shop.

locteau

locteau wrote: »

Thanks,

The CCTV should show my car without damage then 5min later I took pictures of the damage and went to the shop.

Well firstly make sure there is CCTV, and secondly, get the Gardai to get a copy of it immediately (don't go in looking for it on your own, as they can fob you off and if they're really being asses, they can erase the footage).

If a Garda goes in, they have to comply. And without it you don't really have much of a leg to stand on, I'd say.

slimjimmc

Deleted User wrote: »

Well firstly make sure there is CCTV, and secondly, get the Gardai to get a copy of it immediately (don't go in looking for it on your own, as they can fob you off and if they're really being asses, they can erase the footage).

If a Garda goes in, they have to comply. And without it you don't really have much of a leg to stand on, I'd say.

Gardaí can't and won't get involved unless a crime has been alleged, e.g. criminal damage requires being reckless or have intent to cause damage. This is a civil claim so the Gardaí have no power to demand CCTV.

Saganist

slimjimmc wrote: »

Gardaí can't and won't get involved unless a crime has been alleged, e.g. criminal damage requires being reckless or have intent to cause damage. This is a civil claim so the Gardaí have no power to demand CCTV.

They can still be a witness to the request though surely ?

slimjimmc

Saganist wrote: »

They can still be a witness to the request though surely ?

They can, just like you or I can witness it, but I fail to see how it's of any benefit. The car wash is not obliged to release any video unless a formal request has been made in writing.

https://www.dataprotection.ie/viewdoc.asp?m=&fn=/documents/FAQ2012/CCTVFAQ.htm#3

6.3 What if I am asked for a copy of CCTV footage?


1. Any person whose image is recorded on a CCTV system has a right to seek and be supplied with a copy of their own personal data from the footage. To exercise that right, a person must make an application in writing. The data controller may charge up to €6.35 for responding to such a request and must respond within 40 days.

Saganist

slimjimmc wrote: »

They can, just like you or I can witness it, but I fail to see how it's of any benefit. The car wash is not obliged to release any video unless a formal request has been made in writing.

https://www.dataprotection.ie/viewdoc.asp?m=&fn=/documents/FAQ2012/CCTVFAQ.htm#3

Maybe OP should request any CCTV and record the request.

dudara

If you have frequently used the same machine in the past, without incident, then there might be some outside chance for you. Generally though, these machines are always at your own risk. It's why I always get my car hand washed.

locteau

Hi All,

Thanks for all the feedback, really appreciate it.

I left my query on Friday, called on Saturday on Sunday and passed by yesterday. It is fair enough there was no manager at the weekend but would have liked a call to at least acknowledge my complaint.

They said the Topaz Manager will come back to me, and really repeated that I was using it at my own risks and my mirrors should have been retracted (they can't unfortunately).

I looked at other cars like mine and it seems to work fine for other users. Garda can not help as it is a civil matter.

I ordered my parts on ebay today €32.20 + €18 for indicator mirror light and right mirror. If I can fit them myself I will, if not, I will ask someone.

I will let you know what happens next.