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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11565
Experience:  30 years as a practising solicitor.
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I have received a letter from a solictor in england stating

Resolved Question:

Attachment: 2014-12-15_143515_scan.pdf

Car Wash Claim for Damage

I have received a letter from a solictor in england stating he has a clientwho used our car wash on november 07th and her car was damaged. She did use our car wash and then drove off the property and continued on her journey. She then went to a repaid facilit on November 20th and had £240 of polising done to repair the scartaches. During these dates she made no contact with us to inform us of any damage including the day on which she washed her car. I received a solicitors letter on December 11th looking for £240 plus £110 for inconvienience. I responded stating that there are 13 unaccounted for days where she could have potentially done this damage elsewhere and had made no contact with us so I could not help. I have had a further letter today asking for settlement or proceedings will commence. Can you advise on my legal position. My business is in Scotland and this is where the customer washed her car.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Thank you for your question. It's for the pursuing party to prove her case that the damage was caused at your car wash. I'm not sure that she can do so especially as your car wash was working satisfactorily and there have been no other compaints.
There are a number of ways in which her car could have been damaged, whether by another car wash or otherwise and her evidence alone won't necessarily be enought to guarantee her success in court.
In addition the court action would have to be in the small claim court and she would only be able to recover a maximum of £150 to her costs so she would in all likelihood have to conduct the case herself as its not worth paying a lawyer to do the case.
The corollary of that is of course that the amount she is claiming is a very small sum compared to the cost of litigation in terms of money and time and many companies are induced to settle away from the court just to get rid of the claim.
It is for you to decide commercially whether to make an offer or not but on balance I don't think she will succeed in court.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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