Car park bump - being charged | Legal matters | Back Room Forum

Thu 20 Sep 2012 17:38

Car park bump - being charged - shami the hamster

Just worried and just need some advice.

Received a letter from the police about an incident a few days ago. The letter is entitled "requirement to provide name and address of driver section
172 road traffic act" and is saying that I have committed the following offences
es:Driving without due care, failure to stop and report a collision.

I am gutted as I am a very careful driver, driving for 11 years and never
had a single accident or speeding fine.

I was reversing out of my car parking space uphill at a very cramped car
park at a tesco express when I accidentally bumped the car parked behind me.

My sister in law, who was also parked in the car park, got out of her car to
see if there was any damage. She noticed a very small scratch on the car. I
decided to write a note with my contact details and place it on the windscreen
of the car, as there was no sign of the owner returning at that time.
Unfortunately i could not find a pen or paper to do that with?

I was parked diagonally in the middle at the car park and was blocking every
body coming in and everybody going out. There was a huge queue of cars going
up the hill trying to enter the car park. I decided to exit the car park an
d left my car parked outside on the road. I had to park on the yellow lines to do
this and left my hazard warning lights on. However I had my 12 month
d baby in the car with me who was screaming hungrily and so I could not safely
leave on his own for more than a couple of minutes. I went back into the car park to trying to decide what to do as I still haven't found a pen or paper. I spoke to my sister-in-law but she was now blocking everybody entering the car park as well (she had two toddlers in the back of her car so couldn't leave to get a pen and paper either). I was hoping the owner of the car would have come out of Tesco express by now but they hadn't and I had no idea what to do.
My baby at this point was screaming unconsolably in the car on the road outside, which was also blocking people from leaving the car park. The queue of cars trying to enter the car park now led right up to the top of the hill.
I simply could not leave my baby screaming in a car alone, parked on double yellow lines blocking people trying to get into the car park. I was very stressed but had no choice but to go back to my car and my baby, and drive away. There was nowhere nearby I could leave the car safely.

I am not the type of person to not leave a note but I wish to stress that this was an unusual situation. It was not an easy choice for me and I was deliberating what to do but in the circumstances the safest thing was to go back
to my car and baby.

I DID stop after I bumped the car, but there was only a certain amount of time
me I could wait safely, due to the reasons given above. Also, the scratch to
the other car was very minor indeed.

I didn't know about reporting to the police until I googled it later but by
his time too late as I got the letter :-(

Any advice on what I should do and what the likely outcome could be.

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Fri 21 Sep 2012 09:01

Car park bump - being charged - Dwight Van Driver

There was a change in law some three or four years ago that brought Supermarket Car Parks, then not a road for the purposes of Road Traffic Act, in as a 'Public Place'. As such where accidents occur and damage is done to any other vehicle it is dealt with as the same as occurring on road.

In these incidents there is an obligation at Law to stop and exchange details. If not possible to exchange details at the time then an obligation to report to the Police asap or within 24 hours. Failure to do so an offence. Leaving a note does not comply but is mitigation if charged with failing to stop/report.

The other person involved has reported the matter to Police as a no stop damage accident with possible witness and or CCTV from store. Police are investigating possible offences and could include driving without due care and attention.

There is now an obligation on the Reg Owner to name the driver at the time of the bump under S 172 RTA 88 with 28 days to do so. Failure to do so is an offence attracting fine and 6 points.

Once Police have drivers details they will interview that person and get their account of events after which a file will be submitted to CPS for a decision to be made as to whether prosecution to Court case.

The system will take its course.

dvd

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Fri 21 Sep 2012 09:11

Car park bump - being charged - Cris_on_the_gas

By your own admission above you have committed the offence of failing to stop after causing damage to another vehicle and giving your name & address. If you were unable to do this as in the situation described then this should have been reported to the Police as soon as possible.

Everything you say above is in mitigation of the offence.

You might like to speak to a Solicotor but sure the advice would be to furnish the information required by section 172 of RTA. Plead guilty to the offence and put your side of the case in mitigation to reduce the penalty.

Might also be worth asking for the third party's details so you can either personally or through your insurance company pay for the damage caused. This could also form part of your defence.

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Fri 21 Sep 2012 14:28

Car park bump - being charged - shami the hamster

Thanks to you both for your replies. Will be pleading guilty of course and provide the information listed above as mitigation. Will also try to get the other driver's details so I can pay for damage or get insurance company to.

What is the worst case scenario? I take it I will get a hefty fine and points understandably but could I risk disqualification?

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Fri 21 Sep 2012 15:25

Car park bump - being charged - Dwight Van Driver

Keep in mind that at this stage it is only investagative with no decision whether or not they will prosecute. It could be that they may go for both offences, bnly one(fail to report) or from what seems a very minor bump none at all. Who knows?

Any fine will depend on a finacial assessment of you. Caerless driving maybe twix 3- 6 points, fail to report 3 points.

dvd

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Sun 23 Sep 2012 01:44

Car park bump - being charged - 1litregolfeater

10 years at least, if you're lucky.

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Wed 26 Sep 2012 00:26

Car park bump - being charged - concrete