Summoned to court for scratching a car!

Fruitcake

Failing to stop, and failing to report an accident are offences under the 1988 road traffic act. These offences can only be committed on a road, and are not offences if committed in a public place such as a car park.
The 1991 act re-defines some offences as well as defining new offences for which you can be prosecuted. This act does not re-define road or accident, but does include offences that occur in a public place. Failing to stop and failing to report are not amongst them.
Basically, you have not committed an offence because you were not on a road. You are however still liable for any damage caused if you have an accident in a public place.
The law is quite precise. Stating that a public car park is classed as a road is incorrect, because the 1988 road traffic act defines a road and associated offences, and the 1991 act defines a public place and associated offences.
If it can be proved that you caused the damage, you will have to pay for the repairs, but you cannot be prosecuted for failing to stop or failing to report.
I have not had time to read the '97 and '99 amendments to the traffic acts, so my apologies if the preceding is now out of date.

Fruitcake

You Only Listen To Me When I'm Wrong

Wig

We need to be kept updated on this one OP, ask your solicitors if the road traffic act applies in supermarket carparks. You also did not say if the DI cautioned you before you made a statement.

Lady_E

I think it was an Enquiries Officer that came out to see the OP , which in most forces is a PC , although some forces do employ civilians who are able to take statements but I cant remember if they have the power to caution.

In the OPs shoes I would be inclinced to ring the local station and ask to speak to DI "Joe Bloggs". Something is not right here ....... ALSO if this was a fail to stop/fail to report accident , how come the OP did not receive from the Police a form asking for him to nominate a driver at the time of the alleged incident (or maybe I have misread this and he has).

alice's_mum

This happened to a friends parents - a few years ago - Both in their 70's they got a letter from a solicitor saying "on such and such a date in such and such car park you caused damaged to car (reg no) park in Supermarket car Park."

they were both in their 70's and really scared, me and friend got involved and checked dates etc, and they were on holiday in Cyprus(visiting son) at the time of the supposed accident. We asked where their reg no had come from and were told someone left note on car that was hit - car reg (theirs) hit this car and drove away, and it was some damage car was shunted into bay behind and into another car. Friends parents car - no scratch or anything apart from usual wear and tear.

we told police and sols that they were in Cyprus and could prove it - police said ok, sols said friend was driving the car then as it was her parents pay up - she was at work - this accident happened 11.20 ish am - we asked did they have name of person who said it was their car turned out to be a neighbour that her parents had had a run in with, they'd seen the accident but not taken the proper number and quoted friends parents no to "get them some hassel". This was all sorted by local PC.

I'd definately check who said you did it, does the supermarket have CCTV or something. Something odd is going on here can't believe a DI would get involved, unless it was his car that got hit, or his friends.

JulianPeterson

I wonder why you remember exactly how the next car was parked well over the white line when there was no incident and,therefore, no reason to remember this detail? If you think you did it, then plead guilty as you will get a discount for doing so. Otherwise, I think 5-8 points and 300-600 fine.

Crabman

Thenotsowyzewun wrote:

Hi Crabman, the officer who told you that that was a private matter was wrong, unless that was a private council staff carpark - any road open to the public, or property situated on land adjacent to it is subject to the Road Traffic Acts (hopefully you'll be able to do something about that now?).

The guy's friend had a garage who sorted out our displaced bumper - it was our old car anyhow and those bumpers were built to last. Unlike the one on our current car :rolleyes:

Cheers :beer: