Wife backed up into a pay machine, plod wants driver details

[wokkywokky]

So last week the wife backed up the car into a pay machine in a car park. She scratched the bumper and cracked the light. Didnt think much else of it but we have received a letter from plod asking for driver details along with a list of offences:

Failing to report an accident contrary to: Sec 170 (4) Road Traffic Act 1988
Fail to stop and give name and address contrary to: Sec 170 (4) Road Traffic Act 1988
Driving without due care and attention contrary to: Sec 170 (4) Road Traffic Act 1988

Now the wife did stop to see what she had done but being a public car park without an attendant there was no one around to report the accident to. We have written a letter to company that runs the car park to inform them of the accident. I have been back to look at what damage was caused and the pay machine is slightly lent over, its still secure and being used. Can anyone advise on these offences as this all seems a bit excessive to me. What should our next steps be in this matter?

[Norfolk B-roads]

Did you write to the parking company before or after you received the request for info from plod?

[wokkywokky]

We wrote to the company 2 days after the accident. Plod wrote to us 8 days after the accident.

[Norfolk B-roads]

Then I would say you're probably going to be ok, after some lengthy paperwork and hassle.

[Derek Smith]

The law’s quite specific as to what a driver must do after being involved in a reportable accident. Your wife has failed to conform to the requirements.

In mitigation she informed the company suffering the loss, albeit after a delay of two days.

The police have been contacted by the parking company because, in all probability, they have their internal rules.

Whether the police take the matter further is open to argument.

FYI, most England/Wales forces have an online accident reporting method.

[55palfers]

I wonder if Plod would be so helpful had someone damaged your car under similar circumstances.

[The Mad Monk]

You?

You don't have to do anything. It's nothing to do with you.

[Mercury00]

I wouldn't have thought this was a reportable accident. That to me is one where two drivers are involved, and at least one is injured. Maybe the ticket machine is claiming for whiplash.

[Torquey]

wokkywokky said:

Failing to report an accident contrary to: Sec 170 (4) Road Traffic Act 1988
Fail to stop and give name and address contrary to: Sec 170 (4) Road Traffic Act 1988
Driving without due care and attention contrary to: Sec 170 (4) Road Traffic Act 1988

I cannot see how the first 2 are applicable.

Unless someone is now claiming they/there car was hit as part of the incident.

[Greendubber]

This is why they are involved -copied and pasted...


The law defines a reportable road traffic collision as a collision involving a mechanically-propelled vehicle on a road or other public area which causes:

Injury or damage to anybody - other than the driver of that vehicle
Injury or damage to an animal - other than one being carried on that vehicle (an animal is classed as a horse, cattle, ass, mule, sheep, pig, goat or dog)
Damage to a vehicle - other than the vehicle which caused the accident
Damage to property constructed on, affixed to, growing in, or otherwise forming part of the land where the road is


The relevance is in the last paragraph

[wokkywokky]

Wife informed me that no one else was around or at the machine at the time, so no people involved. Shes has most definitely hurt the feelings of the metal pay machine but claiming for whiplash would be interesting.

[Greendubber]

wokkywokky said:

Wife informed me that no one else was around or at the machine at the time, so no people involved. Shes has most definitely hurt the feelings of the metal pay machine but claiming for whiplash would be interesting.

It's because she's damaged someone else's property

[anonymous-user]

Mercury00 said:

I wouldn't have thought this was a reportable accident. That to me is one where two drivers are involved, and at least one is injured. Maybe the ticket machine is claiming for whiplash.

So if someone crashes into your property you are quite happy to just "leave it".

To the OP don't pay and display machines usually have a contact phone number on them ? Surely it would have been just as easy to ring that as write to the 'local council'?

[Norfolk B-roads]

Just a thought, did you notify her insurance company? If the parking people come after them for the cost of a new machine maybe the insurance company will have required you to have notified them? It shouldn't have any downsides.

We had a bump recently where all parties decided to just shake and walk away, but we still notified our insurers in case the other party had a change of heart later. It didn't initiate a claim and it didn't affect premiums (I don't think), but it's on record that we told them about it.

[Google [bot]]

Tough crowd.

[swagmeister]

If the machine is slightly bent over the owners may think it necessary to have it straightened up. This would probabky involve digging up the current pole \ machine to reset. I dont imagine this would be cheap as it will probably be outsourced to a contactor - who should stump up the costs for this ?
If someone was doing a 3 point turn in your road, clipped your gates to your driveaway meaning it wasnt sitting correctly would you be happy to say ah st happens dont worry I will arrange and pay for reapirs now be on yoru way good sir ?

Sounds to me like a case of - not much damage, nobody around, I think Ill just carry on my day.
Now all the armchair legal experts on here ( Alan Partridge clones ) will Google acts and laws and by-laws etc - ( and then put a disclaimer at the end such as I could be wrong or Im no expert ) lets not get away from the fact the damage was done and someone has to fix\ pay for it.

[wokkywokky]

This is precisely the reason why we have contacted the car park operator and provided our details. I can understand that the timing of things have meant that the company involved have initiated a claim with the police but the charges dont stack up. We have not run away and left the country like the Nissan boss. We have nothing to hide and have been transparent, I just dont want my wife being prosecuted for being law abiding.

[boyse7en]

swagmeister said:

If the machine is slightly bent over the owners may think it necessary to have it straightened up. This would probabky involve digging up the current pole \ machine to reset. I dont imagine this would be cheap as it will probably be outsourced to a contactor - who should stump up the costs for this ?
If someone was doing a 3 point turn in your road, clipped your gates to your driveaway meaning it wasnt sitting correctly would you be happy to say ah st happens dont worry I will arrange and pay for reapirs now be on yoru way good sir ?

Sounds to me like a case of - not much damage, nobody around, I think Ill just carry on my day.
Now all the armchair legal experts on here ( Alan Partridge clones ) will Google acts and laws and by-laws etc - ( and then put a disclaimer at the end such as I could be wrong or Im no expert ) lets not get away from the fact the damage was done and someone has to fix\ pay for it.

You seem to have missed the point. The OP says he already has informed the relevant company about the incident, so presumably they can now claim for damages via his (or his wife's) insurance. The issue is that the Police are now potentially prosecuting for failure to report an accident.

[swagmeister]

boyse7en said:

swagmeister said:

If the machine is slightly bent over the owners may think it necessary to have it straightened up. This would probabky involve digging up the current pole \ machine to reset. I dont imagine this would be cheap as it will probably be outsourced to a contactor - who should stump up the costs for this ?
If someone was doing a 3 point turn in your road, clipped your gates to your driveaway meaning it wasnt sitting correctly would you be happy to say ah st happens dont worry I will arrange and pay for reapirs now be on yoru way good sir ?

Sounds to me like a case of - not much damage, nobody around, I think Ill just carry on my day.
Now all the armchair legal experts on here ( Alan Partridge clones ) will Google acts and laws and by-laws etc - ( and then put a disclaimer at the end such as I could be wrong or Im no expert ) lets not get away from the fact the damage was done and someone has to fix\ pay for it.

You seem to have missed the point. The OP says he already has informed the relevant company about the incident, so presumably they can now claim for damages via his (or his wife's) insurance. The issue is that the Police are now potentially prosecuting for failure to report an accident.

Well surely the Police will know if they can or cannot act - they will probably know better than the legal eagles on here giving advice during a break from ironing their underwear.

[Graveworm]

boyse7en said:

You seem to have missed the point. The OP says he already has informed the relevant company about the incident, so presumably they can now claim for damages via his (or his wife's) insurance. The issue is that the Police are now potentially prosecuting for failure to report an accident.

On the facts in the Ops post.
Technically it should have been reported to the police ASAP and in any event within 24 hours. In the circumstances, I would hope they are unlikely to to proceed once the letter can be shown to have been sent. The WDC is of course made out but again given the minor nature hopefully will be dealt with by something less than a prosecuted.