Understanding Your Rights: Can a Supermarket Refuse CCTV Footage of Car Damage?

Q. After parking my car in a supermarket car park, I returned to find that the side mirror had been broken off. The estimated repair cost exceeds £300. Although the supermarket has CCTV in place, they have denied my request for the footage, citing general data protection regulations. This response feels inadequate, especially since there are clear signs indicating that cars are parked at the owner’s risk. Are they justified in their refusal? MR, Beaconsfield

A. Incidents like yours are becoming more common, and unfortunately, they often lead to unsatisfactory resolutions for those affected. The first step is to address the CCTV situation. Under data protection laws, you have the right to request access to the relevant footage, known as a Subject Access Request (SAR). In this case, you are considered the data subject since the footage shows damage to your property—the car mirror.

The supermarket is allowed to redact or obscure images of third parties but cannot outright deny you access to the footage pertaining to your vehicle. If the store continues to refuse, legal advice may be necessary, and you could consider filing a complaint with the Information Commissioner’s Office or pursuing a court order.

While many car parks post disclaimer notices, these do not nullify the legal responsibilities of the supermarket. They have a duty of care to you as a customer, and any failure to uphold this duty could be interpreted as negligence in a small claims court. Key factors that the court might examine include: Were the parking bays adequately sized? Was the lighting sufficient? Were the CCTV cameras operational?

In summary, make an effort to secure the CCTV footage, as it could be pivotal in recovering the costs of the damage. If you are unable to retrieve this information, it may be worth evaluating if the supermarket acted negligently. Unfortunately, tackling these issues can be complex and time-consuming, often resulting in you having to pay for the damage yourself or make an insurance claim. This latter scenario is, regrettably, common. Nick Freeman, motoring lawyer also known as Mr. Loophole

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