Damaging a car in a public car park

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Mon 23 Nov 2020 09:03
Damaging a car in a public car park - GT

Yesterday, whilst legally parked for about 15 minutes in an open air shopping centre car park, my front wing got damaged by what is obviously another car scraping it. It would have been extremely unlikely that the other driver was oblivious to this, judging from the extent of the damage. They didn't stop nor leave a note with their details. I reckon the repair cost will be around £1,000. I will enquire with the retail park management whether they have any CCTV that would identify the registration number. I'm not hopeful, but if there is clear evidence and a clear reg. no. then is this a criminal offence that I should ask the Police to prosecute (not stopping after an accident....). If they did prosecute, would the small matter of my repair cost be recovered? Or would I have to pursue the keeper of the car for recompense whether or not the Police brought a criminal prosecution? If the Police did not pursue a criminal prosecution, then am I able to ask them to identify the keeper?

Reply | Report as offensive | Link
Mon 23 Nov 2020 09:36
Damaging a car in a public car park - Falkirk Bairn

You can report the matter to the police BUT they will do nothing unless you have identified the car.

If you have a 3rd party witness, CCTV etc you stand a chance of identifying the car/owner but it is probably unlikely.

If you can prove that that was the car - say through paint residue etc you, in theory, could claim on the 3rd party's insurance.

Long shot, best of luck

Reply | Report as offensive | Link
Mon 23 Nov 2020 12:05
Damaging a car in a public car park - Brit_in_Germany

The criminal act would be to not notify the police within 24 hours. This is separate from your claim for damages which would be dealt with through the insurance of the driver once their identity has been determined.

Reply | Report as offensive | Link
Mon 23 Nov 2020 16:16
Damaging a car in a public car park - concrete

Given what I read here about police interest in such matters you need to do some detective work yourself. The police may say that being a private car park it is private land and therefore a civil case for damages. However if you provide strong evidence that identifies the car and the damage done then they may proceed with a criminal prosecution for leaving the scene, not reporting etc, knowing they can win with your evidence. I still think if you do identify the driver or keeper then you may still have to file a civil claim against them if they won't or can't involved their insurers. You have a bit of work on and a battle to fight. Justice in the 21st century is all about slog and spade work, so get digging. Good luck and let us know how you get on.

PS Middleman on this forum and a few others are usually the best at giving sound advice on these matters. They may deicde to comment.

Cheers Concrete

Reply | Report as offensive | Link
Tue 24 Nov 2020 09:50
Damaging a car in a public car park - nick62

My vehicle was damaged by another car in my sons university car park in October.

I asked the porters if they would give me the reg no of the car that was parked next to me from the extensive CCTV coverage, but all I got from them was "there is no conclusive evidence that any vehicle caused damage to yours". They added that if it had actually happened on their property, then it was almost certainly accidental (I took this as an unofficial acceptance that they knew more than they were letting-on). When I pressed them they simply refused to answer any further correspondence.

Whether they were protecting "one of their own" or not I have no idea, but I decided not to pursue it any further as I did not want to risk making life difficult for my lad.

Edited by nick62 on 24/11/2020 at 09:52

Reply | Report as offensive | Link
Tue 24 Nov 2020 14:32
Damaging a car in a public car park - Gerry Sanderson

First of all there is case law that where the accident happened is a road for the purposes of the Road Traffic Act so driving offenses are a criminal matter.. Civil action remains on the table also.

AS there are no injuries it seems now a days because of pressures on police/resources such reports are put on their back foot unlike my days when ALL accidents were investigated as a service to Joe Public., Any evidence you can come up with will assist.

Much to commend the advice of Concrete above. ^^^^^^^^^^^^

If matter has been reported then make sure you pester Plod to investigate and if you find failings make official complaint as criminal offenses disclosed.

DVD

Reply | Report as offensive | Link
Tue 24 Nov 2020 14:32
Damaging a car in a public car park - Gerry Sanderson

First of all there is case law that where the accident happened is a road for the purposes of the Road Traffic Act so driving offenses are a criminal matter.. Civil action remains on the table also.

AS there are no injuries it seems now a days because of pressures on police/resources such reports are put on their back foot unlike my days when ALL accidents were investigated as a service to Joe Public., Any evidence you can come up with will assist.

Much to commend the advice of Concrete above. ^^^^^^^^^^^^

If matter has been reported then make sure you pester Plod to investigate and if you find failings make official complaint as criminal offenses disclosed.

DVD

Reply | Report as offensive | Link
Wed 25 Nov 2020 18:45
Damaging a car in a public car park - GT

Many thanks everyone for your responses. I'm still chasing Savills for possible CCTV coverage, they won't be able to let me know for another few days.

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance