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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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I used a 'hand' car wash in the car park of a garden centre

Resolved Question:

I used a 'hand' car wash in the car park of a garden centre (100 miles from where I live)and they damaged my car and I have a quote of £400 + VAT for the repair.
They accepted responsibility at the time and I have a hand written note to this effect but no contact details.
I have emailed the garden centre and they said they passed on the information a week ago but I have received no response.
Is the garden centre under any legal requirement to supply me with the full trading details and address of the car was operator?
What would determine whether the garden centre or the car wash operators are responsible?
Are there any legal obligations to display public liability insurance at their place of work?
I plan to take the operator or the garden centre to the small claims court if they do not pay the cost of the repair but which one!
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The garden centre are not liable to pass on details unless they control the car wash business. Similarly, liability is determined on who owns the car wash. If the garden centre only leases space to them then there is no liability on the part of the garden centre.
The car wash business has to display its public liability insurance certificate so that it can be viewed by the public.
As far as the small claim court is concerned you can raise this online via the HM Courts website.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you for your comments. Is there a difference between leasing space and giving them the right to operate?How to I get the car wash operator to give me his details to allow a Small Claims case if they are not willing?
Expert:  JGM replied 2 years ago.
See www.moneyclaim.gov.uk for information on the online claim.
From the point of view of a third party claimant there is no difference between a right to operate and leasing space. Neither would impose a duty on the "landlord".
Customer: replied 2 years ago.
How to I get the car wash operator to give me his details to allow a Small Claims case if they are not willing?
Expert:  JGM replied 2 years ago.
You can sue under their trading name.
Customer: replied 2 years ago.
I need their address so as to issue a Small Claims summons.
Expert:  JGM replied 2 years ago.
If they are within the boundaries of the Garden Centre then that will be their address:
Car wash premises at xxxx
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Great, I did not think of that! Many thanks!