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This is what an ar$3hole did to my car at Tesco car park

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Old Aug 19th, 2017, 00:34   #11
TheLeeds
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I know what I'd do if that happened to me.

1 - Ask Tesco nicely for the footage. Explain that it's for an insurance / court claim.

2 - Have the car repaired.

3 - If Tesco do their best to assist , then claim against third party who did the damage if their registration number is identifiable from the footage,

or

4 - If Tesco refuse to assist, then include them as a defendant in the subsequent county court claim to recover the cost of the repairs.

5 - See how far it goes. Some companies will defend even if the claim is for 10p, but others won't want to waste their money on a solicitor, especially when they know that with a small claim in the county court, each side pays their own costs. A solicitor acting for a company will be charging £500 plus just to conduct a hearing on the day, and that's not to mention the paperwork and preparing the case for trial.
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Old Aug 19th, 2017, 00:54   #12
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But some companies will defend as a matter of principle. I made a successful County Court claim for damaged goods against Royal Mail some years ago. They turned up with a mountain of paperwork. Judge granted in my favour. He considered I had a genuine case. So, they lost on the £50 damaged goods, the Court fee, and probably a four figure legal team preparation and attendance cost.
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Old Aug 19th, 2017, 08:14   #13
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Quote:
Originally Posted by TheLeeds View Post
I know what I'd do if that happened to me.

1 - Ask Tesco nicely for the footage. Explain that it's for an insurance / court claim.

2 - Have the car repaired.

3 - If Tesco do their best to assist , then claim against third party who did the damage if their registration number is identifiable from the footage,

or

4 - If Tesco refuse to assist, then include them as a defendant in the subsequent county court claim to recover the cost of the repairs.

5 - See how far it goes. Some companies will defend even if the claim is for 10p, but others won't want to waste their money on a solicitor, especially when they know that with a small claim in the county court, each side pays their own costs. A solicitor acting for a company will be charging £500 plus just to conduct a hearing on the day, and that's not to mention the paperwork and preparing the case for trial.
Sounds a nice idea but would you be willing to personally underwrite the potential situation where the magistrate finds there is no case for Tesco to answer and awards their legal costs against the claimant as this was clearly the case from the start? He could be going in there looking for £1k for a respray and come out with a £10k bill.

Back to the OP - I believe your best chance is to report it to the Police, an offence has been committed of failing to stop so they have grounds to request the footage from the CCTV operator. I would also check if you have any legal advice provisions on your motor or home insurance - if so contact them, they may be better able to advise your next steps. Everyday that goes by will make it more difficult due to the risk of the CCTV footage being overwritten.

But as said the CCTV system will be operated under Tesco's corporate policy, the people who can access it will be limited and trained in the policy - I would be flabbergasted if the show you the footage with other people's personal data in it.
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Old Aug 19th, 2017, 08:32   #14
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Have a read of Tesco's CCTV policy, and try contacting them here : CCTV.Requests@uk.tesco.com

Also read all of this: https://www.whatdotheyknow.com/reque...tores?unfold=1
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Last edited by Tannaton; Aug 19th, 2017 at 08:56.
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Old Aug 19th, 2017, 09:44   #15
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I really feel your pain, sadly I can't see Tesco's wanting to get involved. If someone was injured perhaps the police could wade in but I guess Tescos will not entertain providing you with any details of anybody but your own family.

I have a front dash cam and it's wired such that I can leave it running even when parked. So in any sort of car park bar long term (flights etc), I leave the car parked nose out and camera on.
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Old Aug 19th, 2017, 10:51   #16
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It does beg the question of exactly why Tesco (and others) have these cameras. Often you see signs saying "for the protection of our staff and customers", but if they also have signs saying "cars parked at your own risk", there is only a very narrow band of situations where the camera footage would be made available to Joe Public - or indeed be of use to Tesco themselves.
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Old Aug 19th, 2017, 12:38   #17
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Quote:
Originally Posted by Tannaton View Post

Back to the OP - I believe your best chance is to report it to the Police, an offence has been committed of failing to stop so they have grounds to request the footage from the CCTV operator. I would also check if you have any legal advice provisions on your motor or home insurance - if so contact them, they may be better able to advise your next steps. Everyday that goes by will make it more difficult due to the risk of the CCTV footage being overwritten.
I hope you are sitting down when you read this crap ab bollocks.

Called 101 number to West Midlands police. Operator says that no crime has been committed as per motoring act, as car park is not considered road. So if a plonker uses a chisel and hammer to vandalise the car, it is criminal offence apparantly, but if they cause same damage in car park using car, it is civil matter and cannot be logged as criminal matter.

He advised me to call insurance who can put DPA request for footage and then they will get 3rd party insurance involved for damages.

Cannot believe what I was told. Will call back again, if it was numpty operator.
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Old Aug 19th, 2017, 14:27   #18
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Capstain411, if I recall correctly, it was deemed in the courts that the roads within a car park are 'public' for the road traffic act and 'accidents', however the bays are not. That is why the police gave that answer.
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Old Aug 19th, 2017, 16:28   #19
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Originally Posted by Capstain411 View Post
I hope you are sitting down when you read this crap ab bollocks.

Called 101 number to West Midlands police. Operator says that no crime has been committed as per motoring act, as car park is not considered road. So if a plonker uses a chisel and hammer to vandalise the car, it is criminal offence apparantly, but if they cause same damage in car park using car, it is civil matter and cannot be logged as criminal matter.

He advised me to call insurance who can put DPA request for footage and then they will get 3rd party insurance involved for damages.

Cannot believe what I was told. Will call back again, if it was numpty operator.
So I've had a chat with a lawyer friend this afternoon...

For the purposes of the Road Traffic Act, Supermarket car parks are not "roads" they are "public places", only a subset of offences as defined under the act apply. Which ones I'm not sure. Hence the suggestion you see if you have any legal advice as part of an insurance policy...

Tesco's are under no greater obligation to handover CCTV footage to your insurance company than they are to you.
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Old Aug 19th, 2017, 18:51   #20
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Nice idea but nothing will happen. A £500,000 maximum fine (rising to £14m or 4% of annual turnover on 18.05.18) says nothing will happen.
thought it was 20million euro ? nearer £19m now ?
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