Failing to report an accident in a private car park
Discussion
Is failing to report an accident still an offence in the private (gated) car park of an apartment block?
The reason I ask is that the person who parks next to me has managed to scrape my car twice now. The first was a few months ago, and he eventually admitted it after a couple of weeks when the concierge pointed out that it was covered by CCTV. He offered to pay for a bumper respray, which I had done last month (although he still hasn't coughed up).
Then I noticed yesterday that he has done exactly the same thing just 3 weeks after getting my car back from the bodyshop, and yet again he hasn't mentioned it to me.
Now doing it once is forgivable, but twice in such a short space of time is just careless. His driving and parking leaves a lot to be desired, and I'm not impressed so wanted to look at my options in case he doesn't come clean and offer to pay to fix the second lot of damage.
The reason I ask is that the person who parks next to me has managed to scrape my car twice now. The first was a few months ago, and he eventually admitted it after a couple of weeks when the concierge pointed out that it was covered by CCTV. He offered to pay for a bumper respray, which I had done last month (although he still hasn't coughed up).
Then I noticed yesterday that he has done exactly the same thing just 3 weeks after getting my car back from the bodyshop, and yet again he hasn't mentioned it to me.
Now doing it once is forgivable, but twice in such a short space of time is just careless. His driving and parking leaves a lot to be desired, and I'm not impressed so wanted to look at my options in case he doesn't come clean and offer to pay to fix the second lot of damage.
As it's a gated off area where general public don't have easy access to roam about, road traffic offenses such as leaving scene of an accident / not reporting etc aren't applicable.
Police unlikely to be interested as it's a civil matter.
I'd be pretty angry at someone hitting my car twice and and not paying for it to say the least
Police unlikely to be interested as it's a civil matter.
I'd be pretty angry at someone hitting my car twice and and not paying for it to say the least
herewego said:
I don't see that it helps you to report him. Why not just knock on his door and find out what's going on?
Not that the Police could consider it anything but a v low priority (not being sarcastic here), but technically is this not criminal damage? If so, is criminal damage a civil matter?
tty old X reg LandCruiser you have always wanted to park RIGHT on the line of your parking space? Now's your chance!flemke said:
Not that the Police could consider it anything but a v low priority (not being sarcastic here), but technically is this not criminal damage? If so, is criminal damage a civil matter?
It's not criminal damage unless you believe everyone who has ever been partially or fully at fault for a car crash should be arrested. LoonR1 said:
flemke said:
Not that the Police could consider it anything but a v low priority (not being sarcastic here), but technically is this not criminal damage? If so, is criminal damage a civil matter?
It's not criminal damage unless you believe everyone who has ever been partially or fully at fault for a car crash should be arrested. If I went into the private car park with a screwdriver and did the same damage to the OP's car that his neighbour has done, that would be criminal damage, right?
Is there an exemption relating to the operation of a motor vehicle?
ehasler said:
Is failing to report an accident still an offence in the private (gated) car park of an apartment block?
The reason I ask is that the person who parks next to me has managed to scrape my car twice now. The first was a few months ago, and he eventually admitted it after a couple of weeks when the concierge pointed out that it was covered by CCTV. He offered to pay for a bumper respray, which I had done last month (although he still hasn't coughed up).
Then I noticed yesterday that he has done exactly the same thing just 3 weeks after getting my car back from the bodyshop, and yet again he hasn't mentioned it to me.
Now doing it once is forgivable, but twice in such a short space of time is just careless. His driving and parking leaves a lot to be desired, and I'm not impressed so wanted to look at my options in case he doesn't come clean and offer to pay to fix the second lot of damage.
Probably not an offence to not report. Section 170 imposes an obligation to report an accident occurring "on a road or other public place" - but your gated car park is very unlikely to fall within that definition. The reason I ask is that the person who parks next to me has managed to scrape my car twice now. The first was a few months ago, and he eventually admitted it after a couple of weeks when the concierge pointed out that it was covered by CCTV. He offered to pay for a bumper respray, which I had done last month (although he still hasn't coughed up).
Then I noticed yesterday that he has done exactly the same thing just 3 weeks after getting my car back from the bodyshop, and yet again he hasn't mentioned it to me.
Now doing it once is forgivable, but twice in such a short space of time is just careless. His driving and parking leaves a lot to be desired, and I'm not impressed so wanted to look at my options in case he doesn't come clean and offer to pay to fix the second lot of damage.
The issue is not whether the public has access but whether in fact the public makes use of that access. Spence (1999) - car park used by employees, customers and other business visitors - High Court - not a "road or other public place". Plenty of similar cases. It comes down to whether there is a "special class" of visitors. E.g. Havell (1993) - community centre car park - again, High Court says not a "road or other public place."
Edited by agtlaw on Monday 16th March 19:47
herewego said:
I don't see that it helps you to report him. Why not just knock on his door and find out what's going on?
I wasn't intending to report him - I just wanted to know what the score was as I've read conflicting advice about whether this type of car park is covered by the RTA. I have now spoken to him, and he denies it so I'm going to have to ask the concierge nicely to look back through the last 1-2 weeks of CCTV footage.flemke said:
If I went into the private car park with a screwdriver and did the same damage to the OP's car that his neighbour has done, that would be criminal damage, right?
Is there an exemption relating to the operation of a motor vehicle?
No, but the intent (in this case) is absent.Is there an exemption relating to the operation of a motor vehicle?
flemke said:
That is why I wrote "technically".
If I went into the private car park with a screwdriver and did the same damage to the OP's car that his neighbour has done, that would be criminal damage, right?
Is there an exemption relating to the operation of a motor vehicle?
Intent would be the fundamental difference. If I went into the private car park with a screwdriver and did the same damage to the OP's car that his neighbour has done, that would be criminal damage, right?
Is there an exemption relating to the operation of a motor vehicle?
Octoposse said:
flemke said:
If I went into the private car park with a screwdriver and did the same damage to the OP's car that his neighbour has done, that would be criminal damage, right?
Is there an exemption relating to the operation of a motor vehicle?
No, but the intent (in this case) is absent.Is there an exemption relating to the operation of a motor vehicle?
if it is covered by CCTV, get hold of the evidence. Then if it shows him damaging your car as you suspect request his insurance details etc (he is legally obliged to provide them to you) and claim against his insurance accordingly. Report to Police is fine as damage to property has occurred, whether the Police act or not is another matter but it is useful to have the report reference for your claim and so on. Although in my experience the Police do tend to follow up (albeit not with the same alacrity as they may for a more serious offence/crime
If he refuses to provide you with insurance details this should be mentioned in your report to Police, may pique their interest.
If he refuses to provide you with insurance details this should be mentioned in your report to Police, may pique their interest.
Sounds to me like he's liable, probably knows it but is looking to see how far you will push it. My advice would be to get the CCTV evidence for the second incident, keep hold of it and pursue him for payment for the damage that he's admitted to. Issue a money claim online if he doesn't cough up. Then when the first incident is sorted out hit him with the bill for the second. If he's had to pay up for the first the likelihood is that for the second if confronted with CCTV he'll pay up again.
flemke said:
Octoposse said:
flemke said:
If I went into the private car park with a screwdriver and did the same damage to the OP's car that his neighbour has done, that would be criminal damage, right?
Is there an exemption relating to the operation of a motor vehicle?
No, but the intent (in this case) is absent.Is there an exemption relating to the operation of a motor vehicle?
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