Tescos liability for damaged car.. any ideas anyone????

frwaggle

Evening all, I am looking for some help or advise .... I have just been to Tescos and a stray trolly has dented my car ( car is less than a year old :mad: ).

The CS said nothing they can do its not there responcibility are they right ????

Surely if it was there trolly that rolled down there slope in there car park ( just outside the doors ) they must be part responcible ?

Any ideas

shelly

All my local supermarkets, including Tescos have a sign up saying that they do not accept any responsibility for customers using their carpark, customers do so at their own risk (or something along those lines) I *think* that by having signs like this displayed they aren't responsible at all.

RAMBLER

Seen this a million times and if you press your case and are fair, they may go half's with you. If you go in demanding your rights (stamping) they put a wall up, but normally they will deal with you to keep you shopping with them.

It is a pain in the !!!!!! though....

frwaggle

There was no sign up near the door as the store is being renovated and is half covered in white hordings....
Cheers

RAMBLER

frwaggle wrote:

There was no sign up near the door as the store is being renovated and is half covered in white hordings....
Cheers

Is there a sign up anywhere in the car park that can be seen by customers?
If not take photograghs before you go into the store and complain.

You might get somewhere if that's the case.

Keep us informed.

hollydays

.Know someone who managed to claim,dont know what they got.Dont rely on the word of customer services.

westie666

Might not need this info, but I have used this company when a co-worker was not paying attention in carpark @ work

http://www.dentmaster.co.uk/

Possibly worth getting dent fixed, or if scratch, halfords make up touch up paint to fill in small scratches, both not too badly priced. Then go back to Tesco and remain calm and ask if there is anyway to share the cost

Also is there any CCTV covering the carpark??
Normally sited on top if a lamp post with a black dome or if at night a light that flickers on and off every couple on minutes

W666

wobbley

Not sure if this is true or relevant, but,- I heard that lots of supermarkets pass on 'title' of the land the car park covers once the store has been built. This is apparently to allow store detectives to stop shoplifters outside the doors. If the supermarket owned the car park it could be legally argued that you have mot actually 'left' the store until you cross the boundary of the car park. Although if the trolley was right next to the door then this may not matter.
Did you make sure CS made a note of the incident when you reported it? If you are going to take it further or even complain strongly your best weapon is evidence, - photographs (lots of), witnesses (did anybody independent see it happen?), weather reports for that day (if it wasn't windy - to prove so). Also find out if Tesco's pay someone to look after trolleys/collect them. Had Tesco's taken reasonable care to stop trolleys rolling away? - any raillings? any strips on the floor?
Just because they may display a sign saying that they accept no responsibility it doesn't mean they are not legally responsible. How many shops still display 'No Refunds' signs ? The sign serves a purpose of putting off a high percentage of people in your situation taking the matter further. Also if there were no signs visible due to the building works in the store then it's irrelevant anyway.
Stick with it, they will try everything to put you off but in the end - their trolley, their car park, as long as you parked sensibly and legally then it should be their responsibility for any damage incurred.
I know what it's like, we had a 'less than year old' car hit by a trolley in a supermarket. But in our case it was the young daughter of the friend my wife had taken shopping that deliberately rammed the trolley into the car in a tantrum! Her mother did pay for the repairs though.

jockettuk

how many times have we all seen stray trolleys .. people cant be bothered to walk a few feet to put them away. Have had a few near misses myself with stray trolleys..

hollydays

Agree and disagree with wobbley.The thing about store detectives is just a myth.To prove the intentention to permanently deprive a store of its goods all thats required is for the thief to pass the point of payment.Technically you dont even have to leave the store ,to prove dishonest intent but i dont want to get into a long discussion on that legal point.Agree with all the other points,tesco need to have taken resonable care.

hjb123

I think what needs to happen is for the OP to go to the Tesco car park and check for signs that say cars are left at owners risk - I know they are normally in supermarket car parks. The tesco workers arent able to pick every stray trolley up straight away though are they? Ring the store and you will probably get someone different dealing with the query!