Hello my name is ***** ***** I will help you with this. I am sorry that your car was damaged
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Regulation 5 of the Unfair Terms in Consumer Contracts 1999 states:
(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Can I clarify anything for you about this today please?
Thank you for your prompt response Alex. However my question was not related to the smalls claims court process nor to the details of the Regulations both of which I obtained in two minutes from Google. Interesting enough two minutes being the amount of time it took you to copy and paste from the same source also. Gotta love a happy coincidence eh?
Sorry, premature Send. To clarify, I was requesting a legal opinion as to whether a sign that disclaimed liability for damage to property was likely to be regarded by the Court as an Unfair Term. In your opinion, does the garage owner disclaiming liability create "a significant imbalance in the parties rights and obligations? Do I have to prove they were negligent or does the uncontested fact their machine damaged my property prove negligence.
PS - I've just re read my first comment above and it appears a bit sarcastic in tone. My apologies. (It's late and I'm tired). I do feel however that your original response (I paid extra for a "detailed" response) did not really address the questions in my original submission. Maybe I was expecting too much? Regards Steve