Ming Cheung

CA/JSS/46546/UKM/64673571.1 1 RESPONSE TO REGULATION 28 REPORT FROM HM CORONER FOR COVENTRY AND WARWICKSHIRE DATED 15 JULY 2014 ARISING FROM AN INQUEST TOUCHING UPON THE DEATH OF MISS MING TSUNG CHEUNG ClarificaƟon of respondent This response is submiƩed on behalf of Tesco Stores Limited. It is noted that whilst HM Coroner's RegulaƟon 28 report dated 15 July 2014 (although sent under cover of a leƩer dated 18 July 2014) was addressed to Tesco plc it has already been explained in correspondence to HM Coroner that Tesco plc is not the proper recipient of such a report, being a holding company, and that Tesco Stores Limited is the legal enƟty which owns and operates Tesco's retail premises, and is therefore best suited to provide any response. HM Coroner's concerns In the RegulaƟon 28 report HM Coroner has expressed his opinion that there is a risk that future deaths will occur unless acƟon is taken and has highlighted "maƩers of concern" as follows: "I heard evidence that the point where Miss Cheung crossed the road was used by many pedestrians and had developed into an unofficial crossing point. Anecdotally there was some evidence of near misses in terms of pedestrians being hit by vehicles. I heard evidence that a large Tesco sign obscured the view of Miss Cheung and the lorry driver. It may be that removal of the boƩom wooden panels of the sign would be sufficient although I await to hear your response". Tesco Stores Limited was not a party to the Inquest and has not had access to the evidence heard at the Inquest or the opportunity, by parƟcipaƟng, to make an assessment of the evidence. Tesco Stores Limited has seen a copy, kindly provided by HM Coroner, of a document enƟtled ''Fatal Collision Report'' prepared by a member of the West Midlands Police Regional Collision InvesƟgaƟon Unit where the reported indirect evidence and evidence of opinion is ambiguous as to whether the Tesco sign had any actual causaƟve role to play in the accident. We are informed that a copy of the RegulaƟon 28 report addressed to Coventry City Council has also been produced by HM Coroner. We have asked for this. As at the Ɵme of submiƫng this response a copy of that report has not been received. The right is reserved to revisit the contents of this report should sight of the contents of the RegulaƟon 28 report addressed to Coventry City Council necessitate such a course of acƟon. HM Coroner has asked for any response to his RegulaƟon 28 report to contain details of acƟon taken or proposed to be taken, seƫng out the Ɵmetable for acƟon, or otherwise explaining why no acƟon is proposed. Response In making its response Tesco Stores Limited wishes to make clear its deep sympathy to the family and friends of Miss Cheung for their tragic loss.

CA/JSS/46546/UKM/64673571.1 2 Following the tragic accident involving Miss Cheung representaƟves of Tesco were involved promptly in discussions and meeƟngs with local people and organisaƟons who had concerns arising as a consequence of the accident involving Miss Cheung. These included representaƟves from the University of Warwick, West Midlands Police, Coventry City Council and the managing agents for the shopping complex site. It was apparent that the area where the accident took place had, as HM Coroner notes, become an unofficial crossing point to the shopping complex area (of which Tesco's store is only part) generally. AŌer discussions and meeƟngs in early to mid-February it was agreed that, within the limitaƟons which applied to each of them, the parƟes would consider what measures they might reasonably take to try and avoid any repeƟƟon of the tragic accident involving Miss Cheung. As well as looking at maƩers which could be considered by themselves, some of those involved in these discussions agreed that a request should be put to Coventry City Council, as it had responsibility for the highway itself, to consider puƫng in place traffic calming measures on the highway. Tesco Stores Limited arranged for a review on its behalf (and with parƟcular reference to what it, as opposed to others, could do) of the area by one of the directors of Highways (UK) Limited who was also a Chartered Member of the InsƟtute of Highways and TransportaƟon. His recommendaƟon to Tesco Stored Limited in relaƟon to the aspects over which it might reasonably and properly exercise control was that in order to reduce vehicle speeds and improve driver awareness on Tesco Stores Limited's part of the shopping complex area, the following measures ought to be taken:-
1. improve warning and speed signage at entrance;
2. install speed humps at entrance to slow vehicle speeds when entering the area;
3. install chicane railings to slow pedestrians about to cross Lynchgate Road before they stepped out onto the highway. No recommendaƟon was made in relaƟon to the posiƟoning or construcƟon of the Tesco sign idenƟfied by HM Coroner. The idenƟfied works were authorised and the works were commenced on 7 March 2014 and completed on 8 March 2014. At a meeƟng with Warwick University and Coventry City Council on 15 April 2014 (in relaƟon to different subject maƩer) the work which had been carried out by Tesco Stores Limited was reported as complete by the managing agents for the shopping complex. Coventry City Council reported that they were sƟll awaiƟng the Police report following Miss Cheung's accident, did not plan on puƫng in any traffic calming measures, and requested that Tesco be asked to remove the wooden panels from the sign. On 26 June 2014 Coventry City Council gave Tesco Stores Limited 4 weeks' noƟce to remove the sign (in its enƟrety) on the grounds that the sign was posiƟoned on the adopted highway and being ''mindful of the fact that the Police have indicated that the sign may have been a contributory factor in a recent fatal road traffic accident''. Discussions were conducted between the parƟes at a site meeƟng on 2 July 2014 as to whether it was necessary to remove the enƟre sign. It was agreed that consideraƟon be given to the removal of the lower wooden panels. Discussions then took place with the supplier of the sign to ensure the wooden

CA/JSS/46546/UKM/64673571.1 3 panels could be safely removed without affecƟng structural stability, with confirmaƟon being secured on 15 July 2014. The wooden panels were duly removed on 16 July 2014. The aƩached documentaƟon shows the following:-
4. Highways (UK) Limited proposed car park alteraƟon plan (top plan) shows the proposals for speed limit warning signage, pedestrian chicane railings, speed hump warning signage and speed humps;
5. photographs (1) and (2) show the wooden panels removed from the Tesco sign;
6. photograph (2) shows the installed speed humps;
7. photograph (3) also shows the wooden panels removed from the sign;
8. photograph (4) shows the 5 MPH speed signage;
9. photograph (5) shows ''look both ways'' markings which the university has had painted on the Tesco Stores Limited side of the road (as well as on its side of the road);
10. photograph (6) shows the chicane railings installed by Tesco to slow the approach of pedestrians leaving the shopping complex to cross the highway towards the University of Warwick side of the road;
11. the image marked (7) shows the view along the road with the wooden panels in place on the Tesco sign, as extracted from Google Maps. Tesco Stores Limited does not propose to carry out any further works or alteraƟons as a result of any discussions or recommendaƟons arising consequent upon the tragic accident involving Miss Cheung. Tesco Stores Limited will, as it does across its enƟre estate, conƟnue to monitor and review all aspects of its operaƟons to ensure that it complies with its legal duƟes as regards ensuring the health and safety of its employees and visitors to its stores. Conclusion Tesco Stores Limited believes that it has, within the clear limitaƟons applying to what it has control over, done all that it can reasonably to ensure that pedestrians on its premises are protected from reasonably foreseeable risks to their health and safety. Nothing in this response should be taken as an admission on the part of Tesco Stores Limited of liability of any descripƟon.

Dear Mr Rose Anthony Shane Ponting deceased Regulation 28: Report to Prevent Future Deaths Thank you for your letter dated 8"h July 2014 enclosing the Regulation 28 Report relating to the tragic death of Anthony Shane Ponting at Springfield Road Pedestrian Crossing, Somerset At paragraph 5 of the Report; you refer to the ORR report dated 13 August 2013 saying that it "revealed several matters which although in no way responsible for this death could causc potential risk to other users, namely: Reduced sighting line caused by track side vegetation growth for pedestrians crossing from the upside to up trains and on the downside for both Up and down trains at the SHI [Stop, Look; Listen (SLL)] sign The SHI [SLL] boards should have been positioned 3 metres from the line. (iii) Tripping hazards on the crossing surface Your recommendations in paragraph 6 of the Report recognise that the vegetation was cut back shortly after the accident but confirmed that items (ii) and (iii) should be attended to if not already dealt with and that items () and (iii) are looked at regularly in the future The vegetation growth was cut back during the first week of August 2013. In terms of managing the vegetation going forward, this has been and will continue to be routinely checked at six-monthly inspections_ Most recently, those inspections were conducted on 16th

NetworkRail January 2014 and 26'h June 2014 where sighting line was deemed to be satisfactory. The next inspection of the crossing is scheduled to take place in the first week of December 2014, Concern 5(i) regarding the SLL signs has been addressed. On 8lh August 2014, the SLL sign on the on the down line was moved from 4.9 meters to 3 meters as recommended in your report. The SLL sign on up side remains at 3.4 meters from the track_ There is some troughing at the 3 meter point which makes this sign more difficult to move but the current location of the sign is appropriate and fit for purpose. As we understand it the ORR report focussed on the inadequacy of the SLL sign on the down line_ The signage will continue to be assessed as part of the routine inspections, the next of which is scheduled for the first week of December 2014. Concern 5(iii) has been addressed. In early March 2014 and as part of more extensive track works in the area, the surface system was completely renewed in modern rubber panels free of tripping hazards Again the surface is checked for condition at each six-monthly inspection regime, the next one being in the first week of December 2014_ would take this opportunity to highlight Network Rail's commitment to safety. It is a core Network Rail value and we are committed to making sure everyone gets home safely be it employees, contractors or members of the public. We have invested much time, money and effort into reducing the risks inherent in level crossings and our work over the past four years has reduced that risk by 31%. This includes closures, improved engineering risk controls and targeted action to influence user behaviour and we will continue our work to improve safety at level crossings having been entrusted with significant funds over the next five years to do so_ hope that the response provides you with adequate information and assurance that the issues you identified are taken seriously and have been addressed. If you would Iike any further clarification, please do not hesitate to contact me. sincerely Mark Carne Chief Executive the the every day Yours