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

[NigelDay]

Originally Posted by Tannaton

I would agree - the point I was trying to make (not very well) is small claims court is mostly for recovering financial injury or losses - and to do that you have to prove that someone is culpable for that loss. In this case I would suggest Tesco's are clearly not responsible for the damage and there is no way you could suggest they are. You could argue that by refusing access to information they may have (CCTV) is obstructing your ability to recover those losses but that does not make them culpable and you cannot seek compensation on a punitive basis - i.e. as a fine.

The 'Legal Eagles' will need to comment on this, but when you park you are normally deemed to have accepted the terms of the contract. However, if Tesco are refusing to allow you (or even your insurers) access to the video recording, this might be argued to be 'frustration of contract' - which is a term well understood in legal circles.
I would suggest your insurer's loss adjuster might use this tactic to approach Tesco. I can't believe that between your insurers and your legal cover (if you have it) there is not some very firm but polite pressure which could be applied to Tesco.
Get this all 'in writing' so in the event it all goes pear-shaped with Tesco you have something evidential to take to the County Court. You just need patience and confidence. In the end you may not win, but it is worth a try, and will end up costing Tesco far more to defend than it will to simply offer you recompense 'without prejudice'. That's what I would do, but I am tenacious.

[Tannaton]

Originally Posted by NigelDay

The 'Legal Eagles' will need to comment on this, but when you park you are normally deemed to have accepted the terms of the contract. However, if Tesco are refusing to allow you (or even your insurers) access to the video recording, this might be argued to be 'frustration of contract' - which is a term well understood in legal circles.
I would suggest your insurer's loss adjuster might use this tactic to approach Tesco. I can't believe that between your insurers and your legal cover (if you have it) there is not some very firm but polite pressure which could be applied to Tesco.
Get this all 'in writing' so in the event it all goes pear-shaped with Tesco you have something evidential to take to the County Court. You just need patience and confidence. In the end you may not win, but it is worth a try, and will end up costing Tesco far more to defend than it will to simply offer you recompense 'without prejudice'. That's what I would do, but I am tenacious.

I'm not the unlucky one who has had my car damaged - it's Capstain411.

I'm out of my depth now to carry on the legal debate, but my earlier point was Tesco's policy is not to share CCTV footage with the public, and this is based on their obligations under the Data Protection Act. I doubt very much if they would deviate from this, at best they may be able to give you a still photograph showing the registration number of the vehicle.

Its the same reason why faces and car registration numbers are obscured on Google Street View.

[Capstain411]

Reply from Tesco CS

[I]Thanks for the email.
I'm really sorry your car was damaged in our car park. I can totally understand why you're upset.
To make sure this is all dealt with properly, next time you are in the Walsall store please go to the Customer Service Desk and fill out a Customer Vehicle Damage Report. On the report please specify that you would like CCTV footage of the incident.
The completed forms go to our incident team at our Customer Engagement Centre and they will find out about the availability of the CCTV.

When initially enquired Tesco said,they cannot share and if they could.they would not have CCTV footage as their camera do not record live stream unless they are actively panning and focusing on an event. That is hard for me to believe.

[Fat Magpie]

Re the initial inquiry - Hard for me to believe too, the whole point in recording events is for Tescos benefit and even to assist with their insurance in the event of an incident on their property.
I would be interested in their later offer, I would imagine they keep the footage for at least a month.

[mordred1973]

had a similar issue with Sainsbury 3 years ago, there were CCTV cameras all over the car park, which said the 3 hours and disabled spaces were monitored remotely by camera, then they came back and said the spaces we were in were not covered by camera they were "fakes" only the entrance had a number plate recognition camera to get people for staying too long the rest of the carpark wasn't covered....

[Tannaton]

Originally Posted by mordred1973

had a similar issue with Sainsbury 3 years ago, there were CCTV cameras all over the car park, which said the 3 hours and disabled spaces were monitored remotely by camera, then they came back and said the spaces we were in were not covered by camera they were "fakes" only the entrance had a number plate recognition camera to get people for staying too long the rest of the carpark wasn't covered....

The entrance camera will probably by operated by the parking management company and isn't really there for security. There may (or may not?) be other cameras in the carpark for security that are a part of the store CCTV system operated by JS.

It's not unusual to find that the carparks have very poor coverage, all the best cameras will be pointing at the high value stock and the cash tills.

[Deadloak]

Originally Posted by Capstain411

Was at Tesco car park in Walsall when a mfck ram raided my xc60. The numbnut obviously did not leave details.

Was right beneath CCTV, but Tesco will not review saying it is private land and customers park at their own risk.

I think this will cost best part of a grand.😤😤😤😤😤😤

Have not reported to police or insurance. I think will be stung with increased premium due to claim.

Don't know whether this can be restored to perfection without replacing panel.

I feel your pain. Some 'person' did that to my new Audi when I'd only had it 2 weeks. Mine was probably one of the Mums taking thier kids to the toddler session. I was lucky to be able to polish it out. But you'll need to see if someone can tease yours out. You might get aways without a panel.