Tesco car parks/mobility car

adviceforall

Hi,

Hopefully this is in the right place.

2 days ago we went to tesco and when we came back to our car we found a note on the windscreen from someone saying that they had seen a trolley hit the back of our car but they weren't able to get out of their car quick enough to stop it hitting the back lights, which are now broken.
I wanted to go back into Tesco and speak to them as it was one of their trolloys that had done the damage ( it was in the high winds we had been having this week and had rolled on its own) but my other half said not to bother as they wouldn't do anything, is this right? The note had no contact details on it.
This is a mobility car and i believe that if i go through the insurance i will loose the £200 good condition bonus when the car goes back. I need to check the excess anyway but wondered if it was worth writing to Tesco?
Or do they have a clause sauing its the owners resposnibiity while parked in their car parks?

geordieracer

Yeah contact the store and let them know whats happenned and ask them to check CCTV for it also.

They will proabably pay for the repair themselves as they are liable for not securing the trolleys correctly

dacouch

You may find Tescos will initially play hard ball, they may point you to their signs that say you park at your own risk. However these signs do not have much legal standing as if Tescos are legally liable for something they cannot get out of their responsibilities by posting up a sign.

In normal circumstances eg no high winds they would probably not be liable for the damage, however with the high winds it could be argued that they are liable as they should take extra precautions due to the weather conditions. If they can demonstrate that they had taken "Reasonable Precautions" due to the extra hazard caused by the wind then you will have no claim against them, if they have not taken extra precautions and / or they cannot deminstrate this then you may have a claim against them

CG19a

When you go back to the store ask at the customer service desk for the duty manager and they should fill out a "Collision Vehicle Damage Report." Excess for a motability car is £75 if you are over 25 and driving for more than a year.

The only thing here, and it is just an observation since I don't know the complete story, but can some of it not be put down to bad luck? It could have been a customer who just left their trolley rather than put it back in the trolley bay, and now Tesco are getting a claim against them because they don't have lightening quick reflexes to return that trolley to the bay? I would understand completely if it was the trolley guy taking trollies back to the store and he bumped your car, but you wouldn't think of making a claim against the customer who probably caused the accident?

adviceforall

Thats one of the reasons i have not done anything yet, as you say it might not be Tesco's fault, i just wandered what my options were.

Money is tight, christmas is coming, and due to ill health i have not been able to work and cant claim anything except for DLA and that goes straight for the car.

Never had to claim for anything since i have had mobility cars.

Thank you all for your replies.

DVardysShadow

2 days ago we went to tesco and when we came back to our car we found a note on the windscreen from someone saying that they had seen a trolley hit the back of our car but they weren't able to get out of their car quick enough to stop it hitting the back lights, which are now broken.
I wanted to go back into Tesco and speak to them as it was one of their trolloys that had done the damage ( it was in the high winds we had been having this week and had rolled on its own) but my other half said not to bother as they wouldn't do anything, is this right?

Oh come on. There is an axe murder in the neighbourhood. Police arrest the owner of the axe and note it down as a crime solved for their statistics. Do you buy that?

BargainGalore

I dont think you will get anywhere with this claim, they usually have notices telling you its owners own risk. Supermarket car parks are notorious for damage on vehicles usually by other drivers careless action

Willsnarf1983

do you remember the case that tescos got sued for someone tripping over their bright yellow trolley stoppers and they consequently died from the trip and then tescos offer 8k as an initial compensation...well I noticed a few weeks ago that they had taken all these yellow strips away and I knew something like this would happen!

Personally I think Tescos should have fought the initial trip because theres only so much you can do to make something safe and practical but now they will get more people claiming and only time will cause a trolley to get caught by wind and knock someone over and kill them

Will

Whiteknight

I think it is unlikely you will get any joy with Tesco regarding the damage caused by the trolley, if it was a case of the trolley bay being full and a trolley moving from there and hitting the car you might be able to claim that a lack of staff in the car park caused the problem. I would expect it was some lazy person who just could not be bothered to return a trolley.

DCFC79

Theres signs in the car park saying owners park at own risk, i dont think the store are obliged to do anything, could be wrong

dacouch

DCFC79 wrote: »

Theres signs in the car park saying owners park at own risk, i dont think the store are obliged to do anything, could be wrong

The signs have no legal standing, you cannot put up a disclaimer and waive your legal obligations. If you are legally liable you are legally liable.