tesco's car park

toxic1990

It will be a standard response.

He admitted guilt? and they are still not paying up?

Optimist

How much damage has been done to your car ?

mrs2fat

about a 9 inch scratch with mild denting... its a black car, so really shows up. The car is also new 59 plates, so quite upsetting really. I will take a picture

dacouch

Do you the contact details of the witness as this will help you ?

As stated before the disclaimer Tesco have in their car parks cannot absolve them if incidents they are legally liable for.

If you have legal protection cover with your motor insurance they may well take the case on or at the very least give you some legal advice on the matter.

As I mentioned before write back to them correcting them on their view of the incident. Also mentioned that their disclaimer has no legal standing for damage caused by their employees under the unfair contracts law. Also point out that their car park is deemed a Public Highway under the Road Traffic Act and as such the accident would be governed by the RTA which does not allow disclaimer such as theirs to be legally enforcable

mjgreen60

I'm still struggling slightly - sorry if I'm being slow!

So you were at a T junction waiting (and indicating) to turn left, and the buggy came up the inside and smacked into your rear passenger side door as you turned left. Usually car parks are relatively narrow so not sure how he would fit up the inside. Either way sounds like he was most certainly at fault and you have a good case. Especially as they seem to have no idea what they are talking about!

custardy

dacouch wrote: »

Do you the contact details of the witness as this will help you ?

As stated before the disclaimer Tesco have in their car parks cannot absolve them if incidents they are legally liable for.

If you have legal protection cover with your motor insurance they may well take the case on or at the very least give you some legal advice on the matter.

As I mentioned before write back to them correcting them on their view of the incident. Also mentioned that their disclaimer has no legal standing for damage caused by their employees under the unfair contracts law. Also point out that their car park is deemed a Public Highway under the Road Traffic Act and as such the accident would be governed by the RTA which does not allow disclaimer such as theirs to be legally enforcable

you may want to add images to this using google maps
to show exactly what happened and where

mjgreen60

custardy wrote: »

you may want to add images to this using google maps
to show exactly what happened and where

Carpark easily seen on google maps if you type in SS13 3JU to the search - quite wide 1 way lanes in there so could see how something could come up the inside - still think its their fault!

Optimist

You would seem to have three choices.

1. Get it repaired via your insurance company in which case your small claims will suffer.

2 Pay for the repair yourself

3 Get a estimate for the repair of your car and send a letter to Tesco before action. Give them 7 days to respond and if they haven't responded to your satisfaction then go though the small claims court. Very easy to do and can be done on line.
Tesco will probably pass it to their legal dept. I would expect the legal dept to advise settlement. The costs involved in their going to court would be greater than settling

If they do threaten to see you in court ignore their protestations about the sign-age that does not absolve them from responsibility of negligence by their staff

The judges in small claims courts are quite human and it is not very formal (as opposed to the higher courts) so don't worry about it if you choose to go that way.

custardy

so were you on the main route and turning left as in the top of the pic?

mrs2fat

I am going to go down there and take pictures, there is a flyover bridge above it with a walking path and birds eye view, but yes... you can clearly see it on google maps