Tesco dented my car!

Rich · Post by **Rich** » Wed Feb 05, 2014 1:24 am

Hi, I'm after some advice please if you will...

Firstly, I'd like to reassure you it's nothing to do with the lude (thankfully - even though this car cost me 10x more

)

Anyway, basically, I was parked in the local Tesco carpark the other day when a sign blew over and hit my car.

Here's the culprit:

I checked the damage and at the time it looked like a basic scratch that I could polish out, so I thought nothing of it and went about my normal shopping trip.

The next day, in daylight, I looked at it again and it has actually put a slight dent in the body:

You may not be able to see it properly in the pic, but does this look like it could be easily fixed? Would that be classed as broken paint or could it be repaired by one of these paintless dent removal companies?

I've reported it to Tesco customer services anyway and am hoping they'll sort it out, the car is less than a year old ffs.

I have no idea what happens with this kind of thing. Do you think Tesco are likely to sort it?

If not, I'm just hoping it's not too expensive

Ted · Post by **Ted** » Wed Feb 05, 2014 9:22 am

know the sign that says all vehicles parked at customers own risk, i bet they have one somewhere, some of these paintless dent repairers are fantastic, i watched one the other day and was totally amazed he got the dent out to perfection in the roof of a mini. the mark looks like it will polish out but obviously a photo can tell a thousand lies.

Rich · Post by **Rich** » Wed Feb 05, 2014 9:56 am

Yeah they probably do have one of those signs - in which case I'll have to hope the scratch buffs out and the dent can be easily sorted.

I'll trust your judgement Ted, if you think it'll polish out based on that pic then that's good enough for me

89 UKDM BA4 4WS (resto job!) · Post by **wurlycorner** » Wed Feb 05, 2014 12:20 pm

Tesco's liability, because it's their sign on their land.

The 'parked at owners risk' is irrelevant. That would apply to them not being liable if another customer damaged your car on their premises (e.g. if they drove into you or twatted your car with Tesco's sign) but is not relevant when it's a piece of their plant/fixtures and fittings that's damaged your car, when it hasn't been 'misused' by anyone.

They could/should reasonably limit their risk of causing damage to customers/customers property by doing sensible things like storing away portable signs when it's blowing a gale, instead of ignoring the health and safety implications from the changing environment (which they are responsible for managing).

It's the same as a building site making sure they tie everything down/store everything away when they know severe weather is coming, it's just bloody common sense that it's entirely reasonable to expect they should employ...

Unfortunately Tesco local managament have very little knowledge of their health and safety responsibilities (outside food hygiene) and practical ways of managing them. That's why they're forever blocking fire exits with goods and constantly getting fined for it, literally all over the country...

Rich · Post by **Rich** » Wed Feb 05, 2014 1:00 pm

Cheers Iain, that's what I was hoping. I'll wait to hear back from them then and if they respond unfavourably I'll seek legal help.

Their report form seemed fairly legit so it at least looks like they're taking it seriously. Unfortunately I need to wait up to 14 days for a response.

Post by **RattyMcClelland** » Wed Feb 05, 2014 2:02 pm

What panel is the dent on? Get a photo further back.

A PDR guy will remove most dent quiet easily is the paint isnt broken and depending on how acsessable the rear of the panel if or how strong the metal is.

Expect to pay around £50 give or take.

Rich · Post by **Rich** » Wed Feb 05, 2014 2:09 pm

It's the rear wing I guess, sort of behind the sign and parallel with the birdshit in the first pic. Probably a pain in the arse to get behind.

I could live with a £50 repair bill if Tesco don't accept liability, so I do hope it's a straightforward PDR job.

Post by **rob quilter** » Wed Feb 05, 2014 2:27 pm

That mark does look like it will just polish out. As said the dent will be fixable via a PDR guy.

Speak to Tesco and get those biatches to pay for it.

Post by **SPYDOR** » Wed Feb 05, 2014 2:47 pm

Sound advice @wurlycorner. I would make sure Tesco cover your costs on this one, as they are entirely liable.

Rich · Post by **Rich** » Mon Feb 17, 2014 4:00 pm

Well, I received a response from Tesco in the post this afternoon...

Apparently because I didn't report the incident at the time, they are unable to carry out an investigation and as such are "unable to accept liability"!

Why send me on a fooking wild goose chase filling out forms then!? They already knew I didn't report it at the time! Tw@ts!

Needless to say I'm pee'd off! I'm not prepared to accept their response, they are liable and I won't settle until they accept that!

Anyway, I've written them a response - I'm hoping it does the job...

Dear Tracey McDonagh,

Your Ref: 16282314/SPH

Thank you for your response, however I find it unsatisfactory and wish to escalate my complaint further.

You claim that you cannot accept liability because you are unable to carry out an investigation as the “accident” was not reported when it happened; why is that so? Why is CCTV footage not available from the date and time the incident occurred? I reported the incident to yourselves the next day (see email chain below) – when I identified the extent of the damage - and I not convinced that CCTV footage is deleted so soon.

The initial incident occurred when it was dark and I was in a rush to get home to my wife and newborn son. I took some photographs at the scene, but the damage did not appear too bad in the dark, and I did not have time to chase around in store to report the incident. I already told you when I contacted customer services via the internet that I did not report the incident at the time – which is when I was told to go back to the store and complete a vehicle damage report form. I was not aware there were even facilities in store to allow me to report such an incident, so I went directly through the website – to get in touch with someone who specialises in customer service...

So why was I asked to go back to the store and complete the form (basically wasting my time) if you were only going to come back with the response that you can’t accept liability because I didn’t report it at the time?! You have known that all along. I have wasted my time going back to the Tesco Eston store on two occasions now under Tesco's instruction to report and discuss the incident.

Why should I have to claim under the terms of my motor insurance for damage caused as a result of your signage being inadequately secured? My excess is £250 and I will lose 6 years’ no claims bonus if I claim… for damage caused by Tesco property. The damage will most probably cost less than £250 to repair, so as you can imagine I am certainly not prepared to claim on my insurance even if I have to. So you're basically forcing me to pay out of my own pocket for damage to my property caused by your property.

How would you like it if I went and whacked a sign off your shop and damaged it? If it wan't reported at the time (e.g. if the store was closed), would that mean you were unable to review CCTV footage and bring damage claims to me? I doubt it!

This could just as easily have been a claim for injury, as the sign fell where I would have been carrying my son in his car seat had he been travelling with me... and I'm sure you would not be squirming out of that one!

I would like to raise an additional complaint that you have addressed me as Mrs Lynn Lennox in your letter. I reported the incident via the internet first, so you know my name! I had to log the incident under my wife’s clubcard account in store as I do not possess my own, but I have since spoken to the Checkout Manager, Rebecca Barratt, who noted my name (and who knew I was a 'Mr' beforehand as her letter addressed me so).

If we are unable to reach an amicable solution I will be seeking legal help. I believe I have sufficient evidence to support my claim in the form of photographs taken at the scene, and a condition report taken of my car from just the previous week when my car had its first service - obviously showing this damage did not exist at that time. However, I would rather not have to go down that route as I have already wasted enough time and money on this.

My wife and I are also good customers of Tesco and have been for some time - spending £1000s each year in store and online. I also hold my current motor insurance policy with Tesco. I feel considerably let down by Tesco on this occasion; your response has forced me to reconsider my patronage of Tesco, and if we are unable to reach an amicable solution to this problem my family will certainly be spending considerably less money with Tesco going forward.

I look forward to receiving a satisfactory response.

Regards

Mr. Lennox