car park failure to stop - student2208

My friend who is a driver of less than a year,has just told me that earlier today as she was driving out of a parking space in a normal outside car park in town, scrapped a car on her way out. As she is new she did not know what to do and didnt think there would be much damage and drove off. When she checked her car there were a few scratches.

She is now worried as to what will happen as she is not sure whether there were witnesses or cctv? will she get charged by police? points on her licence? court?

worried friend.

car park failure to stop - jamie745

If the owner of the other car doesnt report anything then nothing will happen, police have better things to do than chase non-existant unreported crimes. Even if they did ive never heard of someone getting points for scraping a bumper or going to court over such a thing, if they want to make an issue out of it it'll be an insurance claim issue but for something so minor it wouldnt be worth the other drivers bother paying their excess fee for a tube of Halfords paint and she'd be best advised to settle it privatley if anything happens.

Others may have better advice but since our woman of the people legal expert....*self removed for fear of libel lawsuit which just become boring after a while*.....there are precious few qualified legal opinions on here.

Jamie

Edited by jamie745 on 23/06/2011 at 03:26

car park failure to stop - Dwight Van Driver

Whilst there is some credence in what Jamie ^^^^^^^^ says nevertheless the car park will be deemed to be a 'public place' and subject to the Road Traffic Act.

As such if an accident occurs whereby damage is caused to any other vehicle there is an obligation to stop. Failure to do so is an offence punishable by fine and points.

There is also an obligation to give details to any person requiring and if this is not done a further offence with fine and points. BUt if there is nobody there to give these details to then if the matter is reported to the Police as soon as practicable and in any case WITHIN 24 hours then no longer an offence.

There is a High Court precedent which rules if a driver is not aware of having been involved in an accident then fail to stop/fail to report offences can be defended. In this case she was aware.

Further, if CCTV or witnesses are available to show accident was result of careless driving then this too an offence with fine points.

The ball is now in her Court.

dvd

car park failure to stop - 1litregolfeater

Is this right?

I need to know. When is a car park a public place?

As most car parks have notices all over them declaring them to be private places, what laws apply in such spaces?

I've always assumed that as car parks, such as supermarket car parks, are off the public highway and belong to Tesco or Asda, only civil law applies. Therefore you can drive without an MOT, teach a 15 year old, whatever you want. Within the bounds of civil law.

Whats the difference between my land, which is clearly private, but the public have access to, and Tesco's land?

Does anyone know?

car park failure to stop - jamie745

Well when we had people dumping their cars in the car park of where i work we had all sorts of problems because the police had absolutely no interest because and i quote "its private land we cant do anything." The cars were untaxed sheds but police were happy to have them off the road so wouldnt help us, but then i asked them if its alright for me to smash the window, let the handbrake off and leave it elsewhere they said "no that'd be criminal damage." So then i said "but you said you cant do anything about it on private land" and the woman on the phone had no response really.

So to sum up, if its private land do whatever you want because police dont give a s***.

car park failure to stop - Dynamic Dave

and didnt think there would be much damage and drove off.

Damage is damage, regardless how little or severe it is.

Totally irresponsible of her to just drive off. How would she have felt if someone had damaged her car and just drove off?

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069870

Failing to stop after an accident or failing to report an accident could lead to

6 months imprisonment, a £5000 fine, disqualification is discretionary, and 5 to 10 points.

Needs to pull her socks up and get her act together, IMHO.

car park failure to stop - student2208

She didnt realise that she did much damage. she is really upset by this and wishes that she could go back and do things right. It is her first incident as such and wasnt exactly sure what to do. So if she were to be found out... would she receive a letter from he police or?

If there were no witnesses that came forward/no cctv. what would happen?

car park failure to stop - bathtub tom

Replace 'car' with 'child' in she hit a car!

Tell her she's a hit-and-run driver.

Has she passed a driving test, or did she fiddle her license in some way?

A standard question asked on a driving test used to be 'what's the first thing you do after an accident'. Answer - STOP!

I sincerely hope she's found out.

car park failure to stop - Bobbin Threadbare

She should have got out, checked the other vehicle for damage, and left an apologetic note with her mobile number on it if necessary. It's common courtesy if nothing else. Driving 'less than a year' is NOT an excuse.

I saw a woman in a MINI smash into the back of an articulated truck (cab only, he was resting up for the night) in an outdoor car park. She broke all his back lights and woke him up. She drove off very quickly. TBH she appeared to be driving drunk. The CCTV and witnesses (me and Mr B) were plenty enough to catch her. The lorry driver gave us a ring to thank us for our help and said she'd been caught.

car park failure to stop - Dynamic Dave

She didnt realise that she did much damage.

As I said, "damage is damage, regardless how little or severe it is"

No excuse for not stopping other than not wanting to get caught and having to pay for the damage, either in cash or through her insurer.

car park failure to stop - jamie745

Likelyhood is though if its just a scratch they either wont notice or like most people will find it too much bother to go through all the palava of finding out who did it when they can just go down to Halfords did a £10 touch up pen and do it themselves. Of course if she'd ripped a bumper off or something i'd like to think she wouldve stopped.

car park failure to stop - FP

Sorry, Student and Jamie, but your posts on this topic seem to be on the lines of trying to convince yourself that she can get away with what she's done rather than encouraging her to deal with it in the proper way, now or in a similar situation in the future, which is what everyone else is telling you.

She and you need to change your mindset.

Another thing: what may appear to be trvial damage to one of the two vehicles involved can result in a very expensive bill for the other person. You can't guess at the seriousness of the damage that may have been inflicted. But in any case, that's irrelevant. People should have the guts to take responsibility for the consquences of their actions.

Edited by FocalPoint on 23/06/2011 at 16:12

car park failure to stop - jamie745

I'd never encourage someone to voluntarily put themselves in a position where they could be in trouble. I dont think thats productive advice. Theres enough people in this world ready to screw you over without bringing it on yourself. Im afraid this is the real world not some holier than thou planet where people do the "right thing." People doing the right thing? That'll be the day. First thing i was taught when i started driving, three simple words. Never admit fault.

I was just pointing out that in all likelyhood nothing will come of it anyway if it is just a scratch or a scrape, thats not because i "feel she shouldnt own up" its just common sense, most people have better things to do than chase someone who's put a scratch on the car. As i said earlier if she ripped the bumper off then that'd be different and i'd hope someone would stop if they'd done that. But in all likelyhood the owner of the other car hasnt even noticed so dont worry about it.

Edited by jamie745 on 23/06/2011 at 16:41

car park failure to stop - FP

Jamie's post is pretty breath-taking.

"Theres enough people in this world ready to screw you over without bringing it on yourself."

I'll tell you how you "bring it on yourself" - you scrape someone's car, for example. You're not a victim of someone screwing you over, you're a driver who drove badly enough to hit someone else's car.

"...this is the real world not some holier than thou planet where people do the 'right thing'."

Right - so no-one should do the right thing, we'll all act out of self-interest and we'll have anarchy pretty soon. And the world will be a better place, no doubt.

"...in all likelyhood nothing will come of it anyway if it is just a scratch or a scrape..." "...in all likelyhood the owner of the other car hasnt even noticed..."

How do you know how bad the damage is? How do you know how the other person feels?

Ugh.

car park failure to stop - jamie745
I don't know what the damage is but I'm guessing by the fact she saw nothing at the time and she only found paint on her car ie no mention of a dent or crumple etc so I'm just guessing the collision was so minor its probably done nothing worse to the other car. And the young lady knew about it so she was looking for it, if the other owner doesn't know then they'll probably not spot it until they clean it at some point. I was just making a mildly educated guess.

as for bringing it on themselves, obviously she shouldn't of hit it in the first place but now she has, going looking for trouble now would be bringing it on herself. Shut up and pretend it didn't happen is my advice.

'So noone should do the right thing and we should all act out of self interest?'

No we shouldn't, but this is the real world and we do. If you're not aware of that your life has been very sheltered. So much so I am frankly astonished. I'd like to think there was more nice moral people like you out there but the brutal fact is there isn't. Insurance firms wouldn't need all these lawyers costing a million quid a claim or whatever it is just to prove someone's guilt if people didn't act without morals, honesty and self interest.


Edited by jamie745 on 23/06/2011 at 18:32

car park failure to stop - FP

"If you're not aware of that your life has been very sheltered. So much so I am frankly astonished."

I can do without being patronised, thank you. I suspect I'm a good deal older than you and probably have a lot more life-experience.

"Shut up and pretend it didn't happen is my advice."

That says it all, I think.

And I thought I was cynical.

car park failure to stop - Vitesse6

I remember from my primary school days a book called the Water Babies which featured the character "Mrs. Doasyouwouldbedoneby"

Seems to me that they don't teach that any more...

car park failure to stop - Bobbin Threadbare

Vitesse, please don't think that all of us in the 25-30 age bracket didn't get taught that; I did, which I hope you can gather from my post.

car park failure to stop - jamie745

Put it this way i know if someone hit my car they wouldnt stick around or come and say sorry, and i can tell you that from experience when my first 406 was written off by some stupid woman in a Zafira who managed to crash into it in an almost empty car park.

I dont remember being taught any books at school but i do remember being told to treat others as you want to be treated, which i held on to until i left school and got into the real world and quickly discovered the world is full of evil unscroupulous self serving phoney b******s, and have since taken a different tact to life.

Edited by jamie745 on 23/06/2011 at 19:37

car park failure to stop - RT

Jamie - Grow up please - Other peoples past mistreatment of you is no reason to act badly yourself.

car park failure to stop - jamie745
I'm afraid it is. I'm ok with it. I really am.

Anyway an update on this situation from the op would be delightful some time soon
car park failure to stop - Bobbin Threadbare

We have no doubt frightened her off!

car park failure to stop - jamie745

Not surprised, with the very aggressive mob all ready to jump on her and kick her that she received.

car park failure to stop - student2208

Thankyou Jamie for your support.

Seems as though your all abusing me, i was just asking on what the punishment could be if my friend got caught. Havnt spoken to her much so seems that she hasnt heard anything. whether or not she went to the poice i do not know.

I do agree with you all but fact is people nowadays are less honest and people are gonig to have to get used to it! Also, it was enver a matter of the fact of paying up she would no have problem as i know she can afford it. It was just a spur of the moment panic decision which im sure she regrets very much.

car park failure to stop - Dynamic Dave

Not surprised, with the very aggressive mob all ready to jump on her and kick her that she received.

I think it goes to prove that some of us are more protective with our vehicles than others.

Some people just treat a vehicle as a working tool and couldn't care about the cosmetic appearance of it, and that in turn reflects on how they threat other people's property around them.

If however you were to enter their house and scratch their 42" plasma TV, DVDs, or any of the white goods in the kitchen, then I'm sure they would know how some of us feel about our vehicles when they damage them.

car park failure to stop - jamie745

All of those things are replacable, i dont see the point in getting so fussed about a piece of metal on wheels getting a scratch on it. Had she of stabbed your wife in the face then i could understand being rather unhappy about it. At the end of the day its just a car (and i love my car and keep it looking perfect cosmetically by the way, and do things like park at the back of the supermarket car park where nobody else goes to avoid doors being opened onto it etc)

car park failure to stop - Dynamic Dave

All of those things are replacable, i dont see the point in getting so fussed about a piece of metal on wheels getting a scratch on it.

Let's hope the persons car she did scrape feels the same way about it as you then.

In reality though, you would be equally peeved if it was your car that had got scraped, despite it "only being a car"

car park failure to stop - jamie745

Did you not see my earlier post? Ive had a car f***ing written off when it was parked in a car park (a big retail park car park in the early evening with hardly anything else there) and some dozey slapper smashed into it as if she couldnt see it. That i was p***ed off about. Mainly because out of all of the spaces to park in and then forget which one is the brake and end up speeding right through my boot, why did it have to be the space behind ME?!!? When every other space was empty!!?!?!?!

Anyway, back to the topic, if what described above happened to me i probably wouldnt notice it for a few days and when i did, considering i have a £400 excess on my insurance policy it'd only ever be worth using my insurers in the event of a total write off i'd just go and get a touch up pen or even better a new bumper and i'd still be quids in. Yes it'd irritate me, but theres no point in hunting for the muppet who did it.

car park failure to stop - Dynamic Dave

Ive had a car f***ing written off

some dozey slapper

That i was p***ed off about.

the muppet who did it.

The quality of some posts have really gone downhill in this forum. Why is it that some people cannot talk or write anything without having to resort to swearing, or crude comments?

car park failure to stop - Avant

Keep it polite and constructive please. Jamie in particular, please avoid personal comments: always bear in mind in a thread like this whether or not you're being helpful to the person who is asking for advice.

I agree with the helpful views of the majority, even if they're not what the OP's friend will want to hear.

It must be 40 years ago or so - I 'hit and ran' and am still ashamed of it, even though it was largely the other driver's fault. With no other traffic about, he stopped suddenly for no apparent reason: I swerved to avoid him but caught his rear offside wing a glancing blow. I was young and foolish and drove on: fortunately he can't have got my number and I heard no more.

Edited by Avant on 24/06/2011 at 01:26

car park failure to stop - jamie745

Theres a difference between imparting information the OP's friend wont want to hear and personally baiting them saying they really hope she gets into trouble, which is uncalled for and unhelpful.

car park failure to stop - Dynamic Dave

saying they really hope she gets into trouble, which is uncalled for and unhelpful.

At the end of the day, f they don't want a fine, then they shouldn't do the crime.

In short, take responsibility for your actions. If you accidentally damage someone else's property, own up to it - don't run away and hope for the best.

car park failure to stop - jamie745

You're acting as if she went out on the rampage looking for things to damage. When in reality she scratched a car on her way out of a space.

Hardly crime of the century is it?

And anyway, they came here for advice, not for your moral opinion of how they should or should not live their lives.

Edited by jamie745 on 24/06/2011 at 01:42

car park failure to stop - Dynamic Dave

Hardly crime of the century is it?

And anyway, they came here for advice, not for your moral opinion of how they should or should not live their lives.

As I said early on in this thread, damage is damage, no matter how small or severe.

WTF are you on about? They got some advice, that being to take responsibility for their actions and not to drive off from the scene of an accident. It might not have been the advice they were looking for, but they got it nevertheless.

Talking of moral opinions, pot and kettle mate. I'm equally entitled to my opinion as you are.

car park failure to stop - jamie745

Telling someone to not drive off the day after they've driven off isnt really advice, its more..telling them what they've probably worked out by now. What did you expect her to do? Jump in the DeLorean and go back in time? She wanted advice on what to do in the here and now after its happened, my advice was to do nothing, and seeing as she's not heard anything (if there was serious damage to a vehicle my guess is the owner wouldve seen it by now) then i would dare to suggest all is well. And if that is the case, advising her to go back there and put herself in a situation which will cost her money is not good advice, thats the sort of advice which would get me sacked within a day in what i do for a living.

You can have your opinion all day long mate, my opinion is that its not our job to be judge and jury for people or to judge them, nor is it our job to report peoples crimes or go hunting for untaxed cars just to be the DVLA's teachers pet like some people do, there but for the grace of god and all that, thats the police's job, leave them to it.

car park failure to stop - Dynamic Dave

Whatever Jamie.

You obviously want the last word, so I'll let you have it.

car park failure to stop - FP

Jamie is right on a couple of issues: it's too late for the OP's friend to do anything. He's right, too, in pointing out that the thread drifted pretty quickly into an area that he took exception to - the rights and wrongs of the situation.

To be pedantic and focus on the original posting: "She is now worried as to what will happen as she is not sure whether there were witnesses or cctv? will she get charged by police? points on her licence? court?"

Answer: if there were witnesses then someone who cares about morals may have given her details to the victim of the accident. If there was cctv coverage probably no-one will have been monitoring the screens at the time and probably any footage will never be reviewed unless the police are heavily involved, which they probably won't be, and the issue will probably never come to court and so the offending driver won't get any points.

As for Jamie's last point, that "...its not our job to be judge and jury for people...", that is exactly what he IS advocating. He claims higher up the thread "...if she'd ripped a bumper off or something like that i'd like to think she wouldve stopped." And who decides whether an incident is serious enough?

He also says, "...nor is it our job to report peoples crimes..." We could argue a long time over that one, but when it comes to our own actions, I believe we should take responsibility and step up to the mark.

Edited by FocalPoint on 24/06/2011 at 10:35

car park failure to stop - jamie745

See, now THAT was advice, informative with clarification, not "i hope you get found out".

Anybody see the difference?

All i was saying with the ripped the bumper off comment was i felt if she could see she'd done damage then she shouldve stopped, she obviously didnt see any damage so whats the point in stopping for nothing? Is the only point i was trying to make.

car park failure to stop - FP

Did anyone actually say they hoped she'd get found out?

Be fair. No-one was being aggressive, insulting or vindictive towards the person in question.

Other posters were interested in the moral principles and when it was suggested she might not have handled the situation properly that touched a nerve and Jamie was very keen to defend a morally bankrupt attitude.

Here's my story: I scraped the door of a BMW with my front bumper in a multi-storey car park a while back. Certainly the paint was damaged; without cleaning the area I couldn't be sure if the metal was dented. I like to think I'm a careful driver and I was pretty fed-up with myself. I wrote my contact details on a bit of paper and left it on the car. I never heard anything about it, but at least the owner of the BMW was in a position to decide whether to take things further.

Edited by FocalPoint on 24/06/2011 at 13:42

car park failure to stop - jamie745

Again, it was probably a case of it wasnt worth claiming on insurance for something so minor. Im afriad i dont have a similar story as ive never hit anything, except for my own tree, long story. So i dont know what i'd do if i was in that situation, im sure with most people it crosses their mind whether to stop or not.

And if you read the thread then yes you'll people did say they hope she gets found out.

car park failure to stop - Dynamic Dave

she obviously didnt see any damage .

She didn't look to see if there was any. She didnt think there would be much damage and just drove off. The fact that she knew there might be some damage should have woken her conscience up and stopped to take a look.

Chances are, if like her friend, she's a student, coupled with being a driver of less than a year, then the car may well be a shed, and probably already has battle scars anyway.

Yes, I'm surmising, but as the OP hasn't got back with an update or answered any of the questions put to them, what else are we supposed to think?

Edited by Dynamic Dave on 24/06/2011 at 13:49

car park failure to stop - Dwight Van Driver

Edited by Dwight Van Driver on 26/06/2011 at 16:10

car park failure to stop - Dwight Van Driver

In answer to 1 litrgolf eater ^^^^^ 0440 this date

Public place, now specifically mentioned regarding certain offences under Road Traffic Act (No Insurance, due care, fail to stop etc etc).....Prosecution must show that public at large, not special groups only ( members of a Golf Club etc) have unfettered access to that area and used by public as such and are so admitted with the permission, expressed or implied of the owner of the land in question.

Thus Supermarket Car Parks are brought in under the Act. In May v DPP [2005] it was held a Car Park attached to commercial premises intended only for use by customers and accessible from a public place (road) with NO restrictions placed on people entering the car park was held to be a 'public place'

Likewise the farmers field on the occasion when it was used as a showground for agricultural show. - Paterson v Ogilvy [1957]

The car park of a pub has been held to be a public place - R(on the application of Lewis)v DPP [2004].

dvd

(Avant please note fourth time I have tried to post this...)

car park failure to stop - ifithelps

...The car park of a pub has been held to be a public place - R(on the application of Lewis)v DPP [2004]...

I know of a drink driver who failed to get a conviction overturned because the pub car park was held to be a public place.

Put simply, if the public have access, it's a public place.

If you are in the fortunate position of owning land, but want to get around this, for example to teach a youngster to drive, the answer is to fit a gate with a lock, and use both.

car park failure to stop - Avant

This problem may be confined to people who write their posts in Word and copy on to here.

Jamie745 has posted this hint on the general section which I'll pass on:

The way round is to when you get to the reply page to type your reply, press enter before anything else and it'll drop a line as it were, then type, then send.

car park failure to stop - Blackcatgirl_uk

As a recipient of such a scrape in a carpark recently, and where someone failed to stop and leave details, more should be done to such drivers.

I've lost my excess money, and my insurance will go up due to a claim, through no fault of my own.

Yes, I am furious.

Now, I am lucky. I have a witness to the accident who noted down the time and registration plate, and thus have been able to ascertain that there is CCTV footage.

So once the driver has been found I hope that they do get points and a fine for failing to stop and leave details (at the very least), plus I hope my insurer pursues them for a refund of the costs of repair etc.

car park failure to stop - FP

"... I hope that they do get points and a fine for failing to stop and leave details (at the very least), plus I hope my insurer pursues them for a refund of the costs of repair etc"

Very unlikely. It will most probably be treated as a minor scrape and I doubt the police will be interested, which they would need to be if legal action is to be taken against the offending driver.

Similarly, your insurer will pay for your damage (assuming you have fully comprehensive cover) and the matter will stop there, unless you try to recover the costs of your excess from the other driver. If you have legal cover this might help.

I sympathise with your anger at the irresponsible behaviour of the offending driver, but you have to see it in a wider context and it is fairly minor compared with the more serious misbehaviour we see on the roads.

car park failure to stop - Palcouk

Since a car park maybe private property I'm not entirely sure that the police would be interested, niether would the normal highway accident failing to stop offence be relevent.

My son in laws car was keyed in a major supermarket carpark. They were most unhelpful with regard CCTV

car park failure to stop - Bianconeri

Since a car park maybe private property I'm not entirely sure that the police would be interested, niether would the normal highway accident failing to stop offence be relevent.

My son in laws car was keyed in a major supermarket carpark. They were most unhelpful with regard CCTV

Since the public have access to a car park they are "public places" and covered by the Road Traffic Acts. Police often won't want to get involved as the issue will be very low priority but it's plain wrong to say it's 'just a civil matter'. So report it. Many companies use spurious 'data protection' excuses to try to prevent Joe Public from seeing CCTV even when there is a legitimate reason. It's plain BS and laziness, just ask which Sections of data protection legislation they think they'll breach. When you have a crime number you can always throw in 'you're withholding evidence' and see how fast they change their minds.
car park failure to stop - concrete

Is this the longest running thread ever?? From June 2011 to Jan 2016.

Concrete.

car park failure to stop - 1litregolfeater

Does it matter man? Time is like immaterial

If you disagree please refer to my previous post.

Anyway, if the parking took place on private land, such as a supermarket car park or a "retail park" you may have a claim against the car park operator, such as Parking Eye, as Parking Eye would have a collective contract with everybody who parked on their car park, to look after their cars and ensure they came to no damage, flowing from their extremely high advertised charges of £85 to £100 to park there.

So you could try POPLA and then go to court.