Damage to car whilst in garage (but by another customer)

Smartsaver7

It is not there are a list of private locations which courts have deemed to be public for the purposes of the RTA otherwise any place would be a public place if cars drove on them , my driveway for example

Smartsaver7

Nope here is some case law
In Havell v DPP (1994) 158 JP 680, use of a car park, which was readily accessible from the road, without restricted access and not marked as being private, as a member of a bona fide club whose membership was not of such a size "that it was indistinguishable from the public at large in the locality" did not constitute use as a member of the general public; therefore the defendant’s appeal against a conviction for being "in charge" of a motor vehicle on a road or other public place whilst unfit through drink or drugs was allowed.

In other words this car park was only for members of that club the same here the car park is on private land not so big it would be mistaken for a public car park and only for customers of the garage not the "GENERAL PUBLIC"

undercover_peon

During the day it is true to say that anyone could drive in.

Smartsaver7

The ruling relates to a company "car park" and a dangerous driver in a "car park" of a private company, this is a "parking area" for customers of a business on private land not a car park where you can park your car as a member of the public and wander off so no comparison , to park in the bays you need to be a "specific member of the public" ie a customer of this garage. If the bays were communial in the open and shared by a number of businesses like on many industrial estates a different story.
This parking area is not for the use of the GENERAL PUBLIC" only customers of the garage and delivery drivers etc. This would be the test applied in the courts.

Your arguement makes no sense as that means someones drive or a farm is a "public place" if the public can access it

During the day it is true to say that anyone could drive in.

True but during the day anyone can drive up my driveway and park in front of my house doesn't make it a public place or a public car park

Smartsaver7

YES , I suggest he also lets the garage know that their "car park area" is as far as the RTA is concerned a public place (based on the 2005 stated case) whilst the garage is open to the public and he will report if Names & Addresses not exchanged but obviously depends if the cops accept a car repair garage has same status in law as a car dealership for reporting purposes under the 1988 RTA

This is the list of private land deemed to be Public Places for the RTA

This is a matter of fact to be determined by the court. The following have been held to be "public places":

• The car park of a pub; Vannet v Burns (1988)
• A hotel driveway; Dunn v Keane (1976)
• A multi-storey NCP car park; Bowman v DPP (1991)
• A hospital car park; DPP v Greenwood (1997)
• The car park of a car dealership; May v DPP (2005)
• A field used for point-to-point racing; Collinson (1931)
• A field used for parking at an agricultural show; Paterson v Ogilvey (1957)
• A privately owned caravan site; DPP v Vivier (1991)
• Freight immigration lanes at a dockyard; DPP v Coulman (1993)
• A school playground; Rodger v Normand (1994)

No idea where my original message went

Smartsaver7

This may also be helpful to the OP, , taken from Thames Valley Police site . I think you have 24hrs to report unless that has changed.

Question

Do I have to report to the police an accident that happened in a car park?
Answer

If you're the driver of a mechanically propelled vehicle (car, motorcycle, bus, lorry etc.) that's involved in an accident on a road or public place and:

• a person, other than yourself, is injured
• damage is caused to another vehicle or to someone else's property - including street lamps, signs, bollards etc.
• an animal, other than one in your own vehicle/trailer, has been killed or injured (animal means any horse, cattle, !!!, mule, sheep, pig, goat or dog)

You must stop and provide your details and in some cases produce your insurance certificate. If you don't you must report the matter to the police - it's against the law not to. For a fuller explanation of accident law see the additional accident questions.
Some car parks can be classed as public places e.g. supermarket and some multi story car parks. However, car parks belonging to private organisations where members of the public would not ordinarily be permitted are not classed as public places and accidents occurring there should be reported directly to your insurance company. If in doubt it is better to report the matter to the police and be guided by their advice.

Smartsaver7

As neither car wasn't being driven best the offending vehicle gives itself up

Interesting point is that I would imagine the other owner/driver doesn't commit offence of failing to stop/report if not driving it or even aware that his/her car had rolled. Would a mechanic who left the handbrake off causing the car to roll have to report if his boss ( who has them ) is refusing to exchange names and addresses or registration details ??

Car_54

Smartsaver7 wrote: »

As neither car wasn't being driven best the offending vehicle gives himself up

The offending car was being driven when parked (presumably without the handbrake - itself an offence), and that driver is the one who needs to report it.

Of course that doesn't make it any easier to identify him or her.

Smartsaver7

Car_54 wrote: »

The offending car was being driven when parked (presumably without the handbrake - itself an offence), and that driver is the one who needs to report it.

Of course that doesn't make it any easier to identify him or her.

Not necessarly , the owner could have driven it to the bay and later a mechanic may have released the handbrake without driving it ie to push forward, left the door open and it rolled back under it's own steam. I have collected my car from a garage and it was parked unlocked without the handbrake set with the nice plastic bag seat cover.

I agree unless the garage lets the OP know who parked it/released the handbrake he won't know who to claim off of

Robisere

Have not read all responses, but when I managed a garage workshop, any damage to any customer's vehicle on or in the garage premises, was covered by the insurers of the business premises.

That the (possibly hypothetical) other customer "left the handbrake off" is irrelevant: the incident happened on the premises. The CCTV may show no one near the vehicle when it "rolled back" - but who left the brake off? Very difficult to prove that it was the 'other customer'. The only certainty is that it happened on the garage premises. Therfore the garage is responsible for the damage.

I have known 2 cases like this at my old workplace. Both cases involved damage to a customer's vehicle and all damage was rectified without cost to the customer by our company, after which the owner, my boss, claimed through our insurance. Insist that the garage is responsible and insist that they pay.