The tail spoiler and brake light of my car were ripped off in an automated car wash which I use regularly at my local Tesco superstore. Staff there commented on the frequency with which cars are damaged. The repair cost has been estimated at £750, but Tesco is refusing to accept liability. It cites a maintenance report, prepared by the company it contracts to provide and maintain the car washes, which apparently found no fault. It refused to let me see the report because of “company policy”.
JM, Dumfries & Galloway
A Google search turns up numerous complaints from drivers who claim that Tesco car washes damaged their vehicles. Tesco’s response in each case was to dispatch an identically worded letter from its solicitors claiming that no defects were found with the car wash in question, that no other complaints had been received, and that a disclaimer at the entrance absolves it of liability for damage caused during use unless by a fault with the machine. You received the self-same letter, as did a man whose car was scraped when a cleaning arm fell off mid-cycle.
Nonetheless, Tesco denies it has a blanket policy to reject compensation claims, and says it considers them on a case-by-case basis. It told me staff check wash cycles daily and that the car wash you used was found to be in good working order.
You therefore face the choice of claiming through your insurer, or taking the legal route. If you decide on the latter, send a letter before action specifying the amount of damages you seek, and giving Tesco 14 days to respond.
If that doesn’t work, collate details and photos of the damage, plus proof of payment for the car wash and the repair quotes, and use Scotland’s “simple procedure” to make a claim through the sheriff courts.
In England and Wales it is a similar process involving a county court.
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