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No police action for collision

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24

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  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    Car_54 said:
    sheramber said:
    The fact that the accident happened on private property may have a bearing on the police decision.
    The Road Traffic Act definition of an accident is "owing to the presence of a mechanically propelled vehicle on a road". That the actual collision may have taken place a few feet from the road seems irrelevant.

    I'm sure the act changed to road or other public place the same time they changed motor vehicle to mechanically propelled. Either way in sure the vehicles hit were parked on land adjacent to the public footpath so the act will apply,
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    452 said:
    Car_54 said:
    sheramber said:
    The fact that the accident happened on private property may have a bearing on the police decision.
    The Road Traffic Act definition of an accident is "owing to the presence of a mechanically propelled vehicle on a road". That the actual collision may have taken place a few feet from the road seems irrelevant.

    I'm sure the act changed to road or other public place the same time they changed motor vehicle to mechanically propelled. Either way in sure the vehicles hit were parked on land adjacent to the public footpath so the act will apply,
    It did, but not really relevant. The OP's driveway is not likely to be judged a public place.

  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    Car_54 said:
    452 said:
    Car_54 said:
    sheramber said:
    The fact that the accident happened on private property may have a bearing on the police decision.
    The Road Traffic Act definition of an accident is "owing to the presence of a mechanically propelled vehicle on a road". That the actual collision may have taken place a few feet from the road seems irrelevant.

    I'm sure the act changed to road or other public place the same time they changed motor vehicle to mechanically propelled. Either way in sure the vehicles hit were parked on land adjacent to the public footpath so the act will apply,
    It did, but not really relevant. The OP's driveway is not likely to be judged a public place.

    That's why I said land adjacent to is covered by the act.
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    452 said:
    Car_54 said:
    452 said:
    Car_54 said:
    sheramber said:
    The fact that the accident happened on private property may have a bearing on the police decision.
    The Road Traffic Act definition of an accident is "owing to the presence of a mechanically propelled vehicle on a road". That the actual collision may have taken place a few feet from the road seems irrelevant.

    I'm sure the act changed to road or other public place the same time they changed motor vehicle to mechanically propelled. Either way in sure the vehicles hit were parked on land adjacent to the public footpath so the act will apply,
    It did, but not really relevant. The OP's driveway is not likely to be judged a public place.

    That's why I said land adjacent to is covered by the act.
    We're going a bit off-topic, since it isn't relevant to the OP's problem, but which section of the Act says that?

  • How does a third party end up damaging/hitting two cars parked on someone's drive?  Unless it was deliberate or they were drunk or they completely lost control somehow I'm having difficulty understanding it.
  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,952 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Information I've looked at suggests that the driveway of a residence is not a 'public place' under the Road Traffic Act (as amended). As such the offence of failing to stop and report the accident may not be complete, which is what I assume the police are going for. 
    Presumably it's a double width driveway and the cars were parked side by side?
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Information I've looked at suggests that the driveway of a residence is not a 'public place' under the Road Traffic Act (as amended). As such the offence of failing to stop and report the accident may not be complete, which is what I assume the police are going for. 
    Presumably it's a double width driveway and the cars were parked side by side?
    But was the offending vehicle wholly within the OP's property? If not, it was still on the road. Anyway- as posted earlier - it could well be argued that although the impact was not on a road or public place, it occurred "owing to the presence of a mechanically propelled vehicle on a road", which is the definition in the Act.

  • Jack_Cork
    Jack_Cork Posts: 231 Forumite
    100 Posts First Anniversary Name Dropper
    I'm not too surprised the police aren't bothered, they are busy moving people on who are sat on park benches and checking old ladies shopping for non-essential items. Well done lads
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Jack_Cork said:
    I'm not too surprised the police aren't bothered, they are busy moving people on who are sat on park benches and checking old ladies shopping for non-essential items. Well done lads
    That reads like police bashing nonsense to me
  • Just give all the details to your insurance company including witness statements, photos etc and let them deal with it as their unlikely to want to pay out thousands in damage they will check to see who the other car was insurance with(if any) and take it from there.
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