Road Traffic Accident with Bollard 14 March 2022 at 9:24AM in Motoring 30 replies 3.2K views

MyCod74

So, I hit a bollard in a petrol station car park, I literally rolled forward into it, When I got out and looked the bollard it had been snapped at the bottom due to corrosion and was leaning over slightly, but there wasn't a single mark of yellow paint from the bollard or damage on my van, so I thought that it was already damaged and went on with my day. So four months later I get a visit form the police, and they're charging me and treating it as a Road Traffic Accident. I spoke to a member of staff in the petrol station, and they said people are always hitting that bollard. How can this be classed as a Road Traffic Accident? 

Thanks

Sandtree

Why do you think it shouldn't? You hit someone else's property with your vehicle. The Road Traffic Act applies to places with public access not just roads

MyCod74

Sandtree said:

Why do you think it shouldn't? You hit someone else's property with your vehicle. The Road Traffic Act applies to places with public access not just roads

I'm not denying the fact that I hit someone's property (although it was already damaged), I was just curious as to why it is classed as a road traffic accident considering it was on private property in a car park. If anything, I thought this would be a civil matter.

Sandtree

As already mentioned, when land is open to the public then most the RTA still applies

Many things can have a criminal and a civil aspect... leaving the scene of an accident, dangerous driving etc all apply from a criminal perspective and then you have the civil matter of paying damages for what damage you caused

[Deleted User]

It could be a civil matter it you reported it. By hitting an object, damaging it and leaving the scene without giving your details, then it becomes a police matter. The fact it's on private property is largely irrelevant - you damaged private property and effectively fled the scene albeit mistakenly 

sevenhills

MyCod74 said:

they're charging me and treating it as a Road Traffic Accident. I spoke to a member of staff in the petrol station, and they said people are always hitting that bollard. How can this be classed as a Road Traffic Accident? 

It's in a public place where vehicles go, so it is a RTA.

It does not add up, that the 'bollard?' was rusted and on its last legs, yet you were told it's always getting hit.

Maybe you just finished it off, so the cost to replace it would be lower?

JustAnotherSaver

Well did you do it on purpose then? 

Aretnap

As above, for the purposes of the Road Traffic Act, a public place is a place which is open to and used by the general public. Who owns it is irrelevant.

So a supermarket or petrol station car park is a public place, even though it's probably privately owned. So most provisions of the Road Traffic Act still apply, including the obligation to stop and give details if you have an accident. 

On the other hand an air force base might well be publicly owned, but it's not a public place - as you'll quickly discover if you try to climb over the fence and have a look around. 

MyCod74

sevenhills said:

MyCod74 said:

they're charging me and treating it as a Road Traffic Accident. I spoke to a member of staff in the petrol station, and they said people are always hitting that bollard. How can this be classed as a Road Traffic Accident? 

It's in a public place where vehicles go, so it is a RTA.

It does not add up, that the 'bollard?' was rusted and on its last legs, yet you were told it's always getting hit.

Maybe you just finished it off, so the cost to replace it would be lower?

Post has been repaired since, same post, same rusty base plate, looks like they've used metal putty and sprayed it with a primer....ready for it's next victim.

Car1980

It is for the Prosecution to prove that damage was caused and if there was no damage there is no duty on you to stop or report, so you cannot be found guilty of an offence.

Not uncommon for someone to collode
with an object, check for damage and fail to see any. Presumably there should be CCTV of you checking and not simply driving off.

Can't see the police pursuing if you have made them aware of this.
 

Ectophile

Petrol station forecourts are full of CCTV cameras.  There's every chance that they have a video of the OP hitting the post, getting out and looking at the bent post, then driving off.