Please please help

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Sun 3 Dec 2017 21:27
Please please help - Safoora Hameed
Earlier this year sometime in July I received a letter from an insurance company saying that there had been an incident involving my car saying I had hit a parked car in a private car park of their client and the driver was looking to claim compensation for damages.
I did not remember this incident occurring at all but contacted my insurance company straight away to help with what to do. Checked my car and found a very minor scruff on the front corner and honestly think that was there when we bought the car in March. Firmly believing that I hadnt done anything and this was all a simple mixup, I asked the insurance company to find out where I was that day (i have telematic insurance) and if they can find out more.

Further to investigation, CCTV footage was provided to my insurance company from the private car park and they said they were going to settle the matter as I could be seen on cctv parking into a spot, stopping and then reversing and then parking somewhere else in the car park. We received this information from our insurance company in September and were told that this would count as a claim and havent heard anything from our insurance since.

Tonight two police officers came to our residence to caution me!! They said that I had committed a driving offence as they had reviewed the CCTV footage they can see there was evidence of the other car being hit but i failed to leave details or tell the police. I do not remember this incidence at all or having collided with the car because if I had thought i did, i would have stopped and left details (honestly) so even if CCTV footage shows a collision i do not think i should be charged with an offence as I genuinely did not realise I had hit the other car. Like I said I dont remember hitting any car and the stopping to reverse was probably me thinking the space was too tight (i just passed my driving test in February)

We live in Glasgow Scotland and they said this claim will be given forward to the procurator fiscal and we should wait to see what they say..

The insurance is already so high and we’re really struggling financially at the moment so this really has knocked me tonight. Dont really know who to call or do so could really do with some advice/guidance. I know the CCTV footage is not really looking good if it does indeed show me stopping whilst parking, but I genuinely dont remember hitting someone. Last thing I need is prison sentence or huge fine or points which will mean I wont be able to afford driving next year

Edited by Safoora Hameed on 03/12/2017 at 21:27

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Mon 4 Dec 2017 10:28
Please please help - Cris_on_the_gas

Firstly there are two issues here.

The first that you have caused damage to someone elses property. This has been decided, you have and your Insurance company are indeminifying you for this. You have stated that your Insurance company are going to settle the matter. So you will have to declare at next years renewal a claim has been made.

Secondly the law applicable is s.170 of Road traffic Act. This applies to highways and public places. The important thing here is what is a public place ? You mentioned it happening in a private car park. Do the general public have access to this car park by payment or other means. If yes then RTA applies and you may face prosecution. If no then RTA does not apply and this can be your defence.

If yes then mitigation would be that you have fully settled with the 3rd party as soon as you were made aware of the damage and have acted responsibly. hopefully the outcome would be that charges would be dropped or the resultant fine severely reduced.

Might be worth getting a solicitor to represent your views and offer a mitigation. Do you have Legal cover on your Insurance as this may cover this.

Good luck.

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Tue 5 Dec 2017 01:18
Please please help - Safoora Hameed
Thanks guys, really do appreciate all the advice. Going to contact insurance company re possible legal cover and will try seeing the cctv footage as well of this incident in June!
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Mon 4 Dec 2017 16:27
Please please help - Palcouk

If does go to court your mitigation would be that you were not aware of any 'collision' at the time - no noise or anything else to indicate such - and there was no obvious damage to your car seen after any event.

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