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Emma Henderson with her damaged car

A CHIPPENHAM woman who claims a Sainsbury's delivery van caused more than £1,000 damage when it reversed into her car, is planning to take the supermarket chain to court.

Emma Henderson, of Dummer Way, Pewsham, claims her Peugeot was parked in a private parking bay close to her home earlier this year, when it was hit by a Sainsbury's van.

Mrs Henderson, 24, who has lived in the area for two years, said her husband Andrew, who is a home entertainment engineer, had been looking out of the kitchen window just before the car was hit on January 9.

But lawyers acting for the chain are refusing to pay out, saying the evidence is circumstantial, prompting Mrs Henderson to take the issue to the civil courts.

Describing the incident, she said: "Andrew was doing the dishes and I was watching television.

"He had been looking out of the window and saw the van and said he thought it was a bit too close before the accident happened.

"Some of my neighbours heard the crunch and that was at around 7.30pm when the car was hit - although they didn't see it happen."

Mrs Henderson, who works in Swindon as a QC's technician, said after her car was hit she rushed out to check on it, but the Sainsbury's van, which had been delivering food to her neighbour's house, had gone.

She said: "We went to the Sainsbury's store on Bath Road that evening and asked to see one of the managers.

"One of them then came out to the house to look at the car and said it looked like the dent was at the right height to have been caused by one of their delivery vans."

But since the incident, Mrs Henderson said the insurance company acting on behalf of Sainsbury's had said all the evidence pointing towards the van being at fault is circumstantial and are refusing to pay out.

Mrs Henderson said if she claims for the accident she would lose her no claims bonus and would have to pay an excess of £600 on her 18-month-old car.

Her mother, a qualified lawyer, is now helping her take the supermarket to court.

Mrs Henderson will file her claim with the Small Claims Court in Swindon on April 21.

She said: "Mum is representing me and has filed all the necessary paperwork.

"I am not going to pay for the damage, and Sainsbury's just keep saying the evidence is circumstantial."

Mrs Henderson has also reported the damage to the divisional police headquarters in Melksham, but officers told her they would be taking no further action due to a lack of evidence.

A spokesman for Sainsbury's said the firm was in talks with Mrs Henderson to resolve the issue.

5:08pm Friday 28th March 2008

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