Member Since: 21 May 2018
Location: Sleaford, LINCS.
Posts: 857
I sympathise with you but I suspect it will be hard to prove. All the detailer has to say is that he’s never had any problems before and that he wasn’t given any special instructions or notice by yourself. Couple that with the age of the car and battery and I think any judge was decide there is reasonable doubt and that’s enough.
You could maybe try at first for the whole amount and then settle on a contribution to costs. He could even question why (he maybe was) offered the chance to correct the fault. Did you get a breakdown of costs as £994 seems a little steep (I genuinely have no idea).
Good luck!
19th Jul 2019 8:56 am
mattgreen
Member Since: 15 Sep 2009
Location: Worksop
Posts: 211
just on a minor legal point - the burden of proof in civil courts is "on balance of probabilities" i.e. for something to be accepted as true the evidence would have to show it is >50% likley which is less onerous than in a criminal court where it is "beyond reasonable doubt" - which is a much higher burden (with DNA evidence for example the level of reasonability is something like 1 in 1,000,000,000 or 99.9999999%).
Judge is likely to expect you to have attempted some pre-action resolution (have a google for Practice Direction - Pre Action protocols).
I sympathise with you but I suspect it will be hard to prove. All the detailer has to say is that he’s never had any problems before and that he wasn’t given any special instructions or notice by yourself. Couple that with the age of the car and battery and I think any judge was decide there is reasonable doubt and that’s enough.
You could maybe try at first for the whole amount and then settle on a contribution to costs. He could even question why (he maybe was) offered the chance to correct the fault. Did you get a breakdown of costs as £994 seems a little steep (I genuinely have no idea).
Good luck!
I did get a breakdown of parts and labour costs, he is quite an expensive Indy but he’s good.
The detailer said in his garage when they were boosting the Disco that if there’s any problems Ill sort it out. He even said he has AA cover when on my drive that would recover the car for me. Then he did a complete 180 and wouldn’t even give his insurance details out.
Court papers and evidence went in today.2010 D4 XS
28th Jul 2019 9:46 pm
davidhem
Member Since: 21 Feb 2013
Location: Kenilworth
Posts: 710
I had my Porsche 911 detailed a couple of years ago, I left the car for 2 days, the first thing he did was put it on a trickle charger.
Its obvious, if you are going to have the car doors, bonnet, boot etc open for hours on end, closing and opening the doors often then it can discharge the battery very quickly.
I used small claims to sue SSE a few years ago, for £500.00 (the principle, not the money), they claimed they had done nothing wrong, 18 months later they paid out in full the day before the court date.
You can claim all reasonable costs, including your time working on the case, postage etc.
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