tesco's car park

mrs2fat

just after some advice really.
my wife was leaving tesco's car park in pitsea last week when one of there trolley gatherer buggys hit her car.
they have reviewed the cctv etc and we recieved an e mail today from them basically apologising but saying they have a policy stating any damage done in there car park is nothing to do with them.
i can understand if 2 random cars have a crunch, but as it was one of there employees driving one of there vehicles surely they have a reponsibilty!
any ideas?

stef73

A few years ago a trolly collector pushed a very long line of trollies into my brothers car .There was a slight slope in car park and trolly chain gathered to much momentum and he could not stop it . Tesco said it had nothing to do with them after they watched the cctv . He contacted the head office who paid for the car to be repaired .

dacouch

The disclaimers they put in the car park do not mean they are not liable for incidents that their staff have caused and they are legally liable for.

The disclaimers come under the unfair contracts clause.

Advise them the disclaimer is not enforcable under the unfair contracts clause and in addition their car park is also likely to be classed as a public highway as the public have reasonable access to it. Therefore they are bound by the Road Traffic Act and as such the disclaimer also has no standing.

mjgreen60

If it is classed as a public highway, should the buggy not be displaying tax disc, number plate etc and have insurance for such eventualities?

Sounds like they are trying to fob you off. Contact head office direct, sod the middle man!

mrs2fat

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

custardy

he is talking tosh,they cant waive their responsibility with one of those standard disclaimers
it was one of their employees performing duties for TEsco
now how did the accident happen? were you moving,stationary,moving off?

bribri_2

It reads like they are saying your car hit their buggy??? Is the head office entirely sure of the circumstances. It seems a remarkable washing of hands from them.

mjgreen60

mrs2fat wrote: »

I do sympathise with your situation but I regret to advise that we cannot be held responsible for the actions of other customers.

I'm confused - I thought the collision was with one of Tesco's little trolley pulling trucks, not another customer!

I agree think we need to know all the details - driving/stationary etc.

Heliflyguy

Madness!
How frustrating for you, I wonder what would have been the outcome if you had damaged their quick cart, as long as you have a little disclaimer note in you car window that would be just fine going by Tesco's rules.
I see now they seem to suggest you hit there cart not the other way round?????

mrs2fat

in the incident report taken that day both the trolley driver and the witness said that he drove into me... and I am certain he had is mobile phone in his hand, so was not paying full attention to what he was even doing(in fact he claimed to be going too fast!!!! at a junction??? how fast do those things even go!). I was turning left at a junction and he carried on going straight into me. He was coming up along the left side of my vehicle(side by side with him behind about 2 meters) and I think he assumed I was turning right to leave the car park, but as I could not find a space in the area I was leaving I was heading left into the larger carpark. I was signalling left at the time. He went into my rear passenger door.
I think they feel they rule the carpark... one set of rules for them and sod everyone else. I am a ROAD vehicle surely they should be more cautious operating a non-road vehicle!

edited to add in he should have been STOPED at a junction... not going to fast. It was a T junction, you could either go left into the car park or right as if you were leaving.

mrs2fat

it had NOTHING to do with another customer at all... there were no other customers around! I have no idea why they have said that in their letter, it makes no sense at all