tesco's car park

POPPYOSCAR

Do you have legal insurance with your car policy? A quick letter from them might make a difference.

I hate Tesco at Pitsea its so big. I usually go to the one on the 127 never known of any problems in that car park.

vikingaero

I fail to see how the OP was at fault. Yes she overtook the trolley guy and he caught up later whilst he was waiting at the junction. What if I overtook a row of trolleys being lined up, got to the junction, and had to wait 2 minutes because it was really busy, and then the guy pranged me?

Why is the guy going up the inside of queuing cars when there is only one lane? IMHO, the trolley guy was being an impatient !!!! and as he is in control of the unit then he (read Tesco) is liable.

The trolley guy probably wasn't on his mobile phone - those mobile trolley carts can be controlled using a handheld remote control unit and this is probably what he was holding.

Tesco are being plonkers in sending you that standard reply which is more for other customers damaging your car rather than the negligence of their own staff.

LJM

you need to go above their heads with that letter all the info and photos they are at fault as it was as stated an employee working not 2 random cars

Norman_Castle

I have allways accepted that damaged caused to my car is not tescos responsibility but the responsibility of whoever causes it,otherwise tesco would be paying endless claims for damage caused by customers to other customers cars.But as the damage was caused by a tesco employee,sureley either that individual or tescos is liable.

sarahg1969

Norman_Castle wrote: »

I have allways accepted that damaged caused to my car is not tescos responsibility but the responsibility of whoever causes it,otherwise tesco would be paying endless claims for damage caused by customers to other customers cars.But as the damage was caused by a tesco employee,sureley either that individual or tescos is liable.

If the employee were at fault, then Tesco would also be liable, as his employers, because he was acting in the course of his employment.

tbw

mrs2fat wrote: »

here is the email I recieved back regarding the incident

Dear Ms Rogers

Without prejudice

Following my earlier email, I was concerned to learn that your car was damaged as a result of your vehicle having collided with a (quick cart) trolley collecting vehicle at our Pitsea Extra store. I can appreciate how upsetting this must have been for and I can only offer my sincere apologies for the further upset and inconvenience that we have caused you.

I was also concerned to learn of the manner in which Peter, the trolley assistant had addressed you in front of other customers and staff. Please be assured that we (Tesco) would in no way condone this type of behaviour, and the appropriate action has since been taken to prevent a recurrence.

As I am sure you will appreciate, it is the responsibility of the driver of the vehicle to drive with due care and attention at all times and in particular when manoeuvring in a car park. All of our car parks do have a notice which states that we cannot accept any liability for any theft or damage caused as customers bring their vehicles onto our premises at their own risk. I do sympathise with your situation but I regret to advise that we cannot be held responsible for the actions of other customers.

On receipt of your email, I contacted Graham Murray, our Pitsea Extra Store Manager, who was equally concerned to learn of your complaint and he has asked that I pass on his sincere apologies.

In view of the above, I regret to advise that we are unable to consider your claim for damages on this occasion.

I appreciate the further disappointment that my response may cause you, but I trust that this will clarify our position.

Thank you once again, for taking the time and trouble to bring this matter to the attention of our Chief Executive’s Office.


Kind regards


Susie Stuart-Arthur
Customer Service Executive

See you in Court Sunshine!!!! What a load of bull doo doos!

Weirdlittleman

The picture though clearly shows that the cart was in the right lane and turning left, the OP overtook and clearly didnt have sufficient room to do so hence the collision. As a roaduser when overtaking you must ensure it is safe to do so and the OP failed to do so here as evidenced by the collision.

If it was an insurance claim it would almost certainly at best be 50/50, and at worst entirely OP's fault

Whilst there response may have no legal standing if the OP does pursue it they may find themselves paying either half or fully for their own repair and the tesco buggy.

As said if on a public road someone did this to a bicyle or motorcycle or similar they would be potentially facing a criminal case for dangerous/careless driving.

4743hudsonj

Weirdlittleman wrote: »

The picture though clearly shows that the cart was in the right lane and turning left, the OP overtook and clearly didnt have sufficient room to do so hence the collision. As a roaduser when overtaking you must ensure it is safe to do so and the OP failed to do so here as evidenced by the collision.

If it was an insurance claim it would almost certainly at best be 50/50, and at worst entirely OP's fault

Whilst there response may have no legal standing if the OP does pursue it they may find themselves paying either half or fully for their own repair and the tesco buggy.

As said if on a public road someone did this to a bicyle or motorcycle or similar they would be potentially facing a criminal case for dangerous/careless driving.

I dont evem think its as clear cut as that!

Your relying on the fact that the ops lines are meter perfect and that the trolley was moving at speed when the op overtook it. Personally, without seeing it on video, nobody can say whether the OP was irresponsible or just acting as you would expect.

Weirdlittleman

Unfortunately for the OP if they overtake someone it is for them to anticipate the actions of that car (within reason of course) and they clearly didnt do that.

I am not saying that 99% of the population wouldnt have done the same but legally the law would be on the Tesco buggy's side.

4743hudsonj

Weirdlittleman wrote: »

Unfortunately for the OP if they overtake someone it is for them to anticipate the actions of that car (within reason of course) and they clearly didnt do that.

I am not saying that 99% of the population wouldnt have done the same but legally the law would be on the Tesco buggy's side.

Did you see it happen? Because there is clearly not enough information for anybody to make judgements on the OP's actions. You may have thoughts but how do you know the buggy wasn't going 1mph far enough away from the junction for the op to make a safe overtake? You dont is the point....