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Discussion Starter · #1 ·
Hi Guys
Unfortunately my car was damaged in an automated car wash - the rear mounted brake light panel was ripped off.
When I made a complaint, I was told that it is in fact a spoiler and comes under their disclaimer of "Anyone with a rear spoiler is strongly advised not to use this car wash"
Ok, is it classed as a spoiler??
 

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doogyrev said:
Hi Guys
Unfortunately my car was damaged in an automated car wash - the rear mounted brake light panel was ripped off.
When I made a complaint, I was told that it is in fact a spoiler and comes under their disclaimer of "Anyone with a rear spoiler is strongly advised not to use this car wash"
Ok, is it classed as a spoiler??
Make an official complaint to the head office or take it further. They should compensate you for the damage.

Cheers
Skelo
 

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Well it is attached to the spoiler and is therefore part of it. I'm afraid you don't really have any comeback if the warning was clearly displayed.
 

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cityrover
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Good question, remembering my 200 I wouldn't class it as a spoiler - it's part of that era rover 200 by design and not as a cosmetical extra.
However it is, er, forgive the techobabble a "sticky-outy bit" that may be unnecessarily flimsy - pop back to the carwash and see what the sign says. If it just says spoiler I would recommend writing to the head folks (not just that one station) if such people exist - then again, aren't they just franchised? Either way, it can't hurt to try.

A local station here is quite specific - "Spoilers, spot lamps and any other protruding cosmetic additions" is something along the lines of what it says. If it just says spoiler - I would personally try to argue the fact that it isn't one.

Really is wracking my brain now, a bloody good question. Maybe some other folks have some input.
 

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Skelo said:
Make an official complaint to the head office or take it further. They should compensate you for the damage.

Cheers
Skelo
That probably won't get you anywhere. Legally they are within their right to refuse. A disclaimer is a legal document. If you choose to ignore it that's your problem.
 

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Discussion Starter · #7 ·
Cheers!

Thanks for all your suggestions guys - very helpful.
So basically are we saying that a spoiler is a cosmetic "add-on", when in fact if it houses the rear brake light it is a necessary design feature of the car?
 

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doogyrev said:
Thanks for all your suggestions guys - very helpful.
So basically are we saying that a spoiler is a cosmetic "add-on", when in fact if it houses the rear brake light it is a necessary design feature of the car?
It's a spoiler, simple as. It's stated as one in the parts list. Whether it's custom or factory fitted it's a spoiler.
ZR spoilers are also factory fitted and house the brake light.

The warning was for a spoiler. You have one, you ignored it. End of.

You can try and plead your case and they may be feeling generous, but legally they have no course to do so.
 

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rover_45
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If the spoiler is factory fitted as standard and has a mandatory third brakelight mounted within it you could probably argue that the warning sign constitutes an unfair contract considering the provisions of the Sale of Goods Act.

Whether you'd win on this point alone is a different matter; some carwashes in the past have had signs clearly stating that they are unsuitable for certain vehicle models so it depends how well the opposition argues its case if this went to the relatively informal proceedings of a Small Claims Court action.

In addition the wording of the clause is suspect "Anyone with a rear spoiler is strongly advised not to use this car wash". if it had said "Any vehicle equipped with a rear spoiler must not use this car wash" you'd have no chance. The law IS pedantic and so you can argue that YOU don't have a spoiler, it's your vehicle that has one. Additionally the phrase "strongly advised not to use" is meaningless unless it gives some indication that your vehicle may suffer damage as a result. The strongest argument is to merely say that you did not read the contract at the point of sale and that the terms of the contract were not made explicitly clear to you (or that your attention was not drawn to the existence of the contract) at the time you purchased the wash. If the terms and conditions are not clearly and prominently displayed at the point of sale you will also have a very strong claim.
 

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A friends wife is the accountant for a local Texaco station, several years ago she showed me a memo from the company who provided their carwash equipment, Kleindenst IIRC.

It requested that, in particular, owners of Rover 200's should not use the automatic carwash.

....now I know why..
 
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