Car-park prang....failure to stop?
Discussion
Quick question for someone like TonyRec or St 
One of my work colleagues had his car reversed into yesterday in a car-park (he wasn't with the vehicle at the time). Guilty party then departed without leaving details. Unfortunately for the offender, a family returning to their car witnessed the incident and gave my colleague the details of the other car (as well as their own).
Is there any point in giving the details to for "failure to stop"? I'm of the opinion that he should, but not sure who or where to go (Our office is in Thames Valley area, he lives in Bedfordshire and the incident occured in Surrey).
Any advice welcome.
Sheepy
One of my work colleagues had his car reversed into yesterday in a car-park (he wasn't with the vehicle at the time). Guilty party then departed without leaving details. Unfortunately for the offender, a family returning to their car witnessed the incident and gave my colleague the details of the other car (as well as their own).
Is there any point in giving the details to
for "failure to stop"? I'm of the opinion that he should, but not sure who or where to go (Our office is in Thames Valley area, he lives in Bedfordshire and the incident occured in Surrey). Any advice welcome.
Sheepy
This happened to my midget about 3 years ago, went to police who paid a friendly visit, he immediatly admitted fault and details got.
Funny thing took my insurance company 3 months to registar the fact that fault had been admitted (Even faxed them the details from his insurance company and kept the poll response from fax machine) why did they claim they knew nothing of this, my insurance was due for renewal and they wanted the cash. Lots of hassile to eventually all sorted.
Funny thing took my insurance company 3 months to registar the fact that fault had been admitted (Even faxed them the details from his insurance company and kept the poll response from fax machine) why did they claim they knew nothing of this, my insurance was due for renewal and they wanted the cash. Lots of hassile to eventually all sorted.
absolutely sheepy, go for it...
I presume the witnesses got just the index of the offending vehicle, so they need that pursued to get the owner etc.
If they can, report it to the nearest Pol Stn to the incident - if they go back to the same place for shopping etc - as it ultimately their responsibility as its in their patch. Don't worry if they can't, it will just delay the process while your local nick passes it on etc(God knows insurance claims take long enough as it is).
Did you know that they dont need to involve their insurance Co? You can claim everything of the offenders. I speak from experience. Trilby wearing t
t reversed into my parked unattended 5 series. 
Had it repaired at garage of MY choosing and got an equivilant replacement vehicle (cost more than the repair!) during the repairs.
Dont forget to include the original witnesses to the incident.
As a side, there may be a chance the offender does NOT know he has hit the vehicle(not sure of scale of damage?) - was he driving a green Rover400 and wearing a trilby by chance.
It does not change your friends actions though...just don't expect a full blown conviction from it!!
Tell them best of luck....they have my sympathies!
Rgds
I presume the witnesses got just the index of the offending vehicle, so they need that pursued to get the owner etc.
If they can, report it to the nearest Pol Stn to the incident - if they go back to the same place for shopping etc - as it ultimately their responsibility as its in their patch. Don't worry if they can't, it will just delay the process while your local nick passes it on etc(God knows insurance claims take long enough as it is).
Did you know that they dont need to involve their insurance Co? You can claim everything of the offenders. I speak from experience. Trilby wearing t
t reversed into my parked unattended 5 series. Had it repaired at garage of MY choosing and got an equivilant replacement vehicle (cost more than the repair!) during the repairs. Dont forget to include the original witnesses to the incident.
As a side, there may be a chance the offender does NOT know he has hit the vehicle(not sure of scale of damage?) - was he driving a green Rover400 and wearing a trilby by chance.
It does not change your friends actions though...just don't expect a full blown conviction from it!! Tell them best of luck....they have my sympathies!
Rgds
boredpilot said:
This happened to my midget about 3 years ago, went to police who paid a friendly visit, he immediatly admitted fault and details got.
Christ on a bike! where I live you'd get an incident number, the officer in charge would go on permanent sick leave, the case would be filed for 7 months when it would be written of as outside the 6 month action period (oh and 2 months previously you'd have got a nice call saying they would be very interested in talking to you because the people you described were involved another serious crime)
Thanks guys,
My colleague has spoken with Surrey police, they advised that he visit the local cop shop.
As to whether the other person has any idea, according to the witness description of the incident, the impact was quite severe (ie very loud bang, lots of broken glass etc), and the offending vehicle paused momentarily before driving off.
I've also advised him to contact the landowner to see if there is any CCTV coverage.
Sheepy
My colleague has spoken with Surrey police, they advised that he visit the local cop shop.
As to whether the other person has any idea, according to the witness description of the incident, the impact was quite severe (ie very loud bang, lots of broken glass etc), and the offending vehicle paused momentarily before driving off.
I've also advised him to contact the landowner to see if there is any CCTV coverage.
Sheepy
Good luck with this.
You may have problems due to it being private land.
My brother had a similar incident where some old duffer reversed into his Mini, mangling the front wing (didn't realise he'd hit it straight away, just kept reversing 
)
Witness left all details of offender under wiper, but missed off their own so no witness.
5 or so years on my brother can still quote the registration number and is looking out for the car. Cost him several hundred pounds.
You may have problems due to it being private land.
My brother had a similar incident where some old duffer reversed into his Mini, mangling the front wing (didn't realise he'd hit it straight away, just kept reversing
) Witness left all details of offender under wiper, but missed off their own
so no witness. 5 or so years on my brother can still quote the registration number and is looking out for the car. Cost him several hundred pounds.
Discussed at length on here already...
www.pistonheads.com/gassing/topic.asp?f=10&h=17&t=27031
www.pistonheads.com/gassing/topic.asp?f=10&h=0&t=72473
Tonyrec & Silverback Mike covers the legal situation of car parks in the second one.
Hope that helps.
J
www.pistonheads.com/gassing/topic.asp?f=10&h=17&t=27031
www.pistonheads.com/gassing/topic.asp?f=10&h=0&t=72473
Tonyrec & Silverback Mike covers the legal situation of car parks in the second one.
Hope that helps.
J
Not sure about that advice to be honest.
You need to be aware that "roads" and "highways" are different things in law.
Unencumbered rights of access refer to highways. RTAs can be applied to roads, but not necessarily highways.
A car park is private land and therefore not a highway - has your driveway got a barrier? It may be a road depending on whether the local traffic authority (not LHA) have declared it as so.
You need to be aware that "roads" and "highways" are different things in law.
Unencumbered rights of access refer to highways. RTAs can be applied to roads, but not necessarily highways.
A car park is private land and therefore not a highway - has your driveway got a barrier? It may be a road depending on whether the local traffic authority (not LHA) have declared it as so.
thub said:
Doesn't a recognised public car-park effectively become part of the public highway, even if it stands on private land?
Thub is correct. Car parks which are open to the public, or through which they have access, become highways for the purposes of the Road Traffic Act.
So unless it was a 'Members only' car park with a barrier down - BiB can get involved!
'Go get 'em Floyd!'
Rgds
robocop said:
Car parks which are open to the public, or through which they have access, become highways for the purposes of the Road Traffic Act.
Don't confuse Roads (Road Traffic Act) and Highways (Highways Act)
You have to make positive efforts to have a bit of land designated highway under the Highways Act, or wait 20 years and prove that the public have had uninterupted unencumbered right of access.
Roads can be made by default after 5 years (IIRC).
Orders and Restrictions are made on Roads, not Highways.
Hi Sheepy..
Yep..if the damage is worth repairing then contacting the local Bib is needed. Even if it's to wake the other person into 'coughing' up for the expense to get it fixed.
After some caselaw over the last several years, car parks are classed as road for the provision of such accidents like this and magistrates will enforce 'fail to stop' and 'fail to report' legislation..I've seen it many times..
The case 'Cutter v Eagle Star' is the one that first set off the changes..
See:
www.parliament.the-stationery-office.co.uk/pa/ld199798/ldjudgmt/jd981022/clarke01.htm
for more details..
Street
Yep..if the damage is worth repairing then contacting the local Bib is needed. Even if it's to wake the other person into 'coughing' up for the expense to get it fixed.
After some caselaw over the last several years, car parks are classed as road for the provision of such accidents like this and magistrates will enforce 'fail to stop' and 'fail to report' legislation..I've seen it many times..
The case 'Cutter v Eagle Star' is the one that first set off the changes..
See:
www.parliament.the-stationery-office.co.uk/pa/ld199798/ldjudgmt/jd981022/clarke01.htm
for more details..
Street
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff