Sainsburys

Dave_Brooker

steveo3002 wrote: »

you'l find most garages will only too pleased to supply a over the top quote if you expalin to the guy what the plan is, then when they pay up get it done for the normal price and give the guy a 6 pack of beers

i worked at a bodyshop and we often ajusted quotes for those kind of reasons

So OP's best course of action is to try and defraud Sainsburys??

Dave_Brooker

Voyager2002 wrote: »

Have a chat with a solicitor and if necessary use the small claims procedure. It does sound as if they failed in their duty of care (by not collecting trolleys on a windy day) and that the manager admitted liability.

Won't Sainsburys just send the court pictures of their signage and the court will just throw out the case?

Hapless_2

How is it sainsburys fault? I have seen customers finish with a trolley and just push it away regardless. the trolley collectors can't be stood by every parking space just in case some lazy git can't be @rsed to take their trolley back!
When vehicles are parked at own risk it is for everything not just theft.
Claim against Sainsburys and the prices wil go up.

Bamber19

Dave_Brooker wrote: »

Won't Sainsburys just send the court pictures of their signage and the court will just throw out the case?

No, because merely putting up a sign can't exclude liability for their negligence. So the court will look to establish whether Sainsbury's were negligent in not having their trolley collectors ensuring trolleys weren't blowing about hitting cars.

mrme

Personally I would take the money & run -its a good offer. The wind would have to be extremely strong to move a trolley as they are obviously very heavy and full of holes! If £400 worth of damage has been caused I would say it is more likely someone hit it with their car and it then collided with yours or it was someone looking to cause damage (some poeple find it fun :mad: ) Whatever happened you park in car parks at your own risk and as nothing can be proved you are unlikely to get anywhere. Sainsbury's being negligent - they would just argue that it was the customers fault that trolleys were everywhere and that it would be impossible to ensure each trolley is in a trolley park or whatever which is fair enough. I'd just put this down as bad look and try and forget about it

taxiphil

Dave_Brooker wrote: »

Won't Sainsburys just send the court pictures of their signage and the court will just throw out the case?

No. Anyone can write anything on a sign. It doesn't mean a thing.

You could put up a sign on your garden gate that says "Warning: Any child who enters my garden to retrieve their football will have a knife plunged into their throat".

Presumably you think the court would then absolve you of homicide if you could supply a photo of your sign.

Not quite, Dave.

Stick around and you'll learn a lot on here about how the law works. At the moment you're still struggling with the basics.

dangeroussports

taxiphil,

What on earth are you talking about?

Could you provide a link to what you say please? Just to clear things up. Preferably not a link to foreign country but something linking it to UK law, it would be most helpful.

Ideally a stated case.

Awaiting a link and response,

Bamber19

you can find it yourself(any link i can give will lead you to password protected websites that you probably won't have access to) but the case of Thornton v Shoe Lane Parking which was in it's main points about terms on a ticket form a ticket machine at a car park but focused on a sign excluding liability for damage to property or personal injury at the Court of Appeal held that if any sign excluding liability for damage to property is located inside the car park then no reasonable notice of such a clause has been given, and it therefore doesn't constitute part of the agreement between the car park owner and the user. The rationale behind this decision was that to see the notice the customer would have to leave his car at the entrance, and enter the car park and no one was likely to follow this course of action.

The underlying theme is that if you are going to attempt to exclude liability for damage to property then you must give reasonable notice of this, in the above case Lord Denning said that reasonable notice in his eyes would have to go so far as for the term to be printed in large red ink with a large hand pointing towards it.

dangeroussports

So if I park in any car park NCP, Hospital, garage etc and my vehicle gets damaged then Im covered by that company / org ? But only if the signs arent there or overly visible?

Bamber19

Depends if the judge wanted to follow Lord Denning's interpretation of things or not, I'm sure there'll be a case that counters that one out there somewhere with only the subtlest of differences in circumstances.

marleyboy

In such a case, the store would not normally be responsible, as it would be no different had someone crashed into your car and simply drove off, or someone deliberatley rammed the trolley into the car and ran off, the sign that state the car is parked at customers own risk, covers theft, damage or anything else that should befall the car. However, as the manager came out and apoligised, he has in effect, admitted liability, similar to a road traffic accident, where no person admits being at fault, so as to impede any insurance claims, should either victim say it was their fault, the other is automatically covered.