Failing to stop after an accident

Happychappy

!!!!!! wrote: »

I would disagree. Using your argument all places would be public as anybody who can enter them is by definition a member of the public.

The car park is secure I.E. entry is controlled. The only people entitled to use it, and it is controlled as such, are the employees of the company. As such they are there for a specific reason and not as a member of the public.

Completely agree, a private car park is not a road under the road traffic act and is not a public place where the public have access too, on payment or otherwise, such as the leisure centre car park, or supermarket and multi story car parks.

It is a civil matter and not a criminal matter warranting a criminal investigation unless there is evidence to suggest otherwise, you will also find very few cameras set on a CCTV scan, will actually pick up number plates, they are not that good to scan into number plates. You should be able to see the make and model, that is if they are working and looking at the right place, but the firm has already said the area is not covered.

The charging standards we use are

Definitions of 'Road or Other Public Place'

The term 'road' is defined at section 142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points.

The expression 'on a road or other public place' is employed frequently in Road Traffic legislation, for example, in the drafting of moving traffic offences at sections 1-6 RTA.
A public place is a place to which the public, or part thereof, have access. the works employees cease to be public when entering

See Wilkinson's 1.122 to 1.160 for further details.

See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417.

atrixblue.-MFR-.

personally id be looking in the carpark for a damaged vehicle of same colour as what was left on your friends car, as its a closed carpark the chances are moderate of finding it, take the reg and report it to her insurers, her insurers will contact him/her perhaps that way the perosn who hit it may think he/she was cought on cctv and come clean.

mambo69

atrixblue.-MFR-. wrote: »

personally id be looking in the carpark for a damaged vehicle of same colour as what was left on your friends car, as its a closed carpark the chances are moderate of finding it, take the reg and report it to her insurers, her insurers will contact him/her perhaps that way the perosn who hit it may think he/she was cought on cctv and come clean.

Agree totally with this one, there must be a car in the car park with your friends paint on it, just get them to wander around, it cant be that big a carpark?

[Deleted User]

Happychappy wrote: »

a private car park is not a road under the road traffic act and is not a public place where the public have access too, on payment or otherwise, such as the leisure centre car park, or supermarket and multi story car parks.

You would think so, but hasn't there been quite alot of police enforcement against cruisers who use supermarket car parks on Fri/Sat nights?

It all reminds me of a letter I read in Top Gear mag a few years ago, it was from a cyclist who had been knocked off his bike by a hit and run motorist. He went to the police with the registration number and details of two independent witnesses, but they told him that they could do nothing as the registration number isn't enough to identify the driver. Unless you're caught speeding past a camera, of course.....

When I was knocked off my bike a few years ago the driver stopped and gave his details, but then moved house without paying for the damage. I found it was an uphill struggle just getting the police to give me the name of his insurance company, they just weren't interested.

fred7777

A similar thing happened to a friend of mine. Their wing mirror was knocked off in a car park and the car park owners refused to look at the CCTV citing "Data Protection". My friend had to get the Police to ask for the CCTV footage (first of all they tried to fob her off) eventually they did and it was sorted out.
Talk to your insurance company and the Police ASAP, CCTV isn't often stored for long. Also forget about the car park owners being liable (this won't encourage them to be helpful) or failing to stop after an accident all you're interested in is the other drivers liability for damaging your car.

atrixblue.-MFR-.

actually the security allowing vehicles in or out are liable in a way, 1. if the vehicle was not allowed to be on the site it shouldnt have been let in so we could this may be a possibilty if a security guards friend parked there to run into a shop and so on. 2. if the incedent was cought on camera why wasnt that incedent noticed who wasnt monitoring? 3. if incedent was seen why wasnt the person challenged at the gate on exit? it takes nothing to say hay sir madam, we observed you colliding with a vehicle in section xx of the carpark, we cannot let you leave untill we take your details to be passed onto the person who'm you caused damage to if you attempt to leave the carpark we will have to call police as your leaving a scene of an accident. plus the guard see the same drivers day in day out if it a closed carpark for employees only they will have notice a car with damage on it leaven when it had none coming in.

also if your friends car is a company car, its a matter for the comany to resolve if it happened on their premises, a call to HR to explain that their company car was hit on their premises the offender you assume is also a company employee drove off not reprting it to security or manager. they will have to obtain the footage as they wont want to falk out for the repairs, especially if its a hire lease vehicle from a contractor.

i worked in a office and car park closed to the public, we had company vans and cars and on van had struck a company vehicle at the entrance exit was security and the car park covered by cctv, the offending employee drove off and was let out of the carpark, following week we had a managerial meeting to explain company policy and regulations regarding accidents on or off site. one person was held back because HR seen the footage of the van entering with no damage and leaving with damage the person coughed up and admitted had a suspension from work and told to pay the excess on the company insurance! security had a massive telling off for not monitoring the grounds effectivly.