Corsa - Parking Scratch - Failed to Stop

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Tue 1 Feb 2011 13:26
Corsa - Parking Scratch - Failed to Stop - BritishEagle

Hi

I'm new to these forums but been reading some of the other threads on here and it seems the best place to get advice from the public and see if anyone has experienced anything similar.

Anyway... I was at a Tesco car park about to go into work. This was just before Christmas and there was alot of snow/ ice on the ground. I pulled into a car parking space and got out. The car had been making alot of noise, probably due to having a problem gripping.

I got out, turned off my engine and locked the car. I began to walk away but noticed I had come in far too tight, the owner of the Nissian X-Trail would probably have had difficulty getting into their car so I got back in, reversed out, attempted to straighten up but decided it would be easier just to find another space as the Golf on the other side of me was well over the parking lines. So I parked about 6 spaces down, got out and went into work thinking nothing more of it.

About a week later I recieved a NIP for failure to stop, failure to report and driving without due care. Had to go into the police station to give a statement (on Christmas eve!) and they said that a witness had reported me to the police. They showed me a picture of the X Trail and I had clipped their back bumper, a scratch abut 6 inches long but not deep. The back wheel arch of my car also had a scratch mark, smaller than theirs but something I had only noticed the day the notice came through and thoroughly inspected my car.

So the other week I got through a summons letter and its going to court! The driving without due care has been dropped but nothing else. The witness' statment was told a different account to mine, they said that I got back in my car, waited for 5 minutes before leaving the car park and coming back round to re-park somehwere else. I have a time sheet from work printed out that shows I clocked in literally 8 minutes after this traffic collison. She had also said that when I got out the cars where still in contact, but they couldn't have been, otherwise the damage would have been more than just a little bodywork scratch only on the back wheel arch. Not only that but I was wearing my Tesco clothing so why they wouldn't have just approached me at the time or come into Tesco to see if they could see me is beyond me but instead drove the police station and reported me.

I've got an interview with a solicitor tomorrow and also the driver I hit isn't claiming as they say the damage is superficial and not worth claiming for.

Any idea what will happen if this goes to court or will it go to court? Any advice is greatly appreciated and for the record I feel so, so guilty for hitting the car and not stopping. I'm an honest person and have accidentally hit someone before, far more serious, and went round all the shops until I found the owner and she said she "wished there were more drivers like me" so I'm obviously quite upset about this.

Thanks in advance!

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Tue 1 Feb 2011 14:26
Corsa - Parking Scratch - Failed to Stop - Dwight Van Driver

Your interview with a Solicitor tomorrow should bring to your attention the provisions of S 170 Road Traffic Act 1988 about accidents where damage is caused to another vehicle on a road or public place and the obligations to stop, exchange details if possible ,if not to report to police within 24 hrs.

You imply that you have have received a summons. It will state what offences you are charged with. Two come to mind - fail to stop and fail to report, both pretty serious. The punishment will depend on what mitigation you can put forward if found Guilty.

Seems 'accident' was relatively minor so the provisions of the stated cases:

Harding v Price [1948] and Hampson v Powell [1970]

may apply - S 170 only applies if the defendant knows or suspects that an accident has occurred. A defence your brief should be aware of..

Be also aware that prosecution may have CCTV of the incident from Tesco cameras.

dvd

Edited by Dwight Van Driver on 01/02/2011 at 14:28

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Tue 1 Feb 2011 21:34
Corsa - Parking Scratch - Failed to Stop - BritishEagle

Hi thanks for replying!

Going to contact Tesco tomorrow to see if their cameras do cover the car park as that would back up my statement and show its a word for word account for what happened. Hopefully it will also prove that it was an honest mistake and the witness obviously percieved the matter wrong.

Just seems like such a lot of stress over something so trivial. Would understand if the car owner wanted to claim or take me to court over it but they don't, its the independent witness.

The damage was very minimal and so if I had realised it had happened I would have happily left my details as they would have probably not wanted anything other than an apology and if not probably to keep any costs outside of the insurance companies.

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Wed 2 Feb 2011 07:02
Corsa - Parking Scratch - Failed to Stop - LucyBC
These happen all the time. Accident is reported to police (usually just to get contact details) and the police respond with charges. The "Due Care" is usually also on there.

A local firm - doing a little light conveyancing in the morning and a bit of probate in the afternoon - are usually keener to get you in to court than they should be as it racks up their costs through time-billing.

Ideally you want a motor offence specialist who will head the case off before it starts by persuading the CPS to discontinue. It sounds to me that you have a good basis for this both in the minor nature of the damage and the attitude of the third party.

If you want my help with this please come back to me.
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Wed 2 Feb 2011 22:12
Corsa - Parking Scratch - Failed to Stop - BritishEagle

Saw the solicitor today and they weren't much help to be honest. Told me that the date I have been given is for a hearing in which all documentation about the incident will be put forward. If I plea not guilty it will then be given a court date for prosecution and possible conviction.

Any help at this point would be greatly appreciated. Feel so stressed and don't feel confident parking any more. Any additional help at this stage would be greatly appreciated. Can't believe how much I'm being put through for the littlest thing and what is a genuine honest mistake. In my mind surely you can't be done for failing to stop if you weren't aware.

Oh and also spoke to security in Tesco and the area in which the accident occured is a blind spot so its literally my word against the witness'.

Thanks for your reply.

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Wed 2 Feb 2011 22:41
Corsa - Parking Scratch - Failed to Stop - Dutchie

What a carry on this sounds a bit like the two chaps who cut a bulglar alarm wire which kept going of on a deserted house.£55000 was wasted on a court case.I wouldt worry to much if i was you they wont trow you in prison i hope.

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Wed 2 Feb 2011 23:43
Corsa - Parking Scratch - Failed to Stop - LucyBC

If you were not aware of the accident you cannot be foun d guilty of failing to stop and report.

You need proper advice from a specialist road traffic offence solicitor to deal with the CPS and persuade them to withdraw.

If you send your telehpne contact details to me at asklucy@honestjohn.co.uk I will arrange for someone to undertake a free advice call.

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Fri 18 Mar 2011 16:30
Corsa - Parking Scratch - Failed to Stop - jayne77

whats the latest update on this?? The same thing had happened to me - same three charges and i was totally unaware - got a solicitor and am so stressed... help

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Sat 19 Mar 2011 05:57
Corsa - Parking Scratch - Failed to Stop - LucyBC

We deal with these cases all the time.They come about because there is a report of an accident which is usually supported by a witness. The driver then reports to the police to attempt to get the ID of the driver and the police wheels then slowly start to turn on the basis that an offence has been committed and reported to them.

If there was no damage - and better still no accident we can almost always get the charges dropped. If there was an accident and damage then it is more difficult but they will often drop the charges provided the damage is rectified.

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