private car park law

[pinup1971]

my partner reversed into another car on a private car park he waited a bit but needed to move for other cars so tried to go and turn round.The women who were stood near by and said nothing then got in the same car as he hit followed him and the uturned and took off before he could stop and deal with it tried to follow them but they had already gone.Now we have a police letter (notice of intended prosecution)with form to fill (no where on it to give explanation etc) what's their rights and ours and what is our best course of action.

[bednobs]

what is he being charged with? TBH he hit someone and drove off, end of it, so i think the thing to do is to inform his insurance company, and take the prosecution (unless it is something outrageous)

[Coobeastie]

Accidents on private land tend to be a civil matter so surprised the police have got involved. The n.i.p should state where the accident occured has the other driver been telling porkies?

[pinup1971]

well as far as we knew we literaly touched the car but not hard enough for damage or anything we reversed at a minimal speed especialy as had children in car so we think they may have had already got damaged car and as they didn't want to sort it out with us theres a good chance they are trying it on.I have tried to get cctv footage to check it but car park has none so neither party can prove anything.

[Ethel]

The NIP only asks for details such as who was driving at the time.
Send it back and see what happens

[pinup1971]

thank you I appreciate the advice will try.

[New Judge]

Although you have not said, it seems likely that the police are charging your partner with �Failing to stop/report an accident�.

The status of the car park (private or public) is probably not an issue. Most car parks to which the public have �unfettered access� are public places for the purposes of the various Road Traffic laws, regardless of who owns the land. The only exceptions are places such as private car parks belonging to office blocks where access is restricted only to drivers with specific permission.

Defences against the offence include not being aware that an accident had taken place, ot taking reasonable steps to exchange details with the owner of the property/vehicle with which the collision took place.

This is one of the very few motoring offences for which custody is available (maximum six months) though this option is reserved for serious �hit & run� type offences where serious damage, injury or death occurs. The normal penalty in court for the type of incident you mention is a fine of about one week�s net income (reduced by a third for a guilty plea) and a minimum of five penalty points.

[chas2008]

had a friend who had one of these NIPs after clouting door mirrors with someone in a narrow lane , not quite sure why as its a 50/50 situation.
I would of thought the police would laugh at rying to get them involved in such a minor thing ,often wonder if its a ' who you know ' situation. At the end of the day he ignored it (not sure of the legal position of that ) and never heard anymore.

[Toureman]

Quite a few years ago In London in very slow heavy traffic a woman drove slowly past me and clipped my mirror, there was no damage to either car.

but she never stopped so neither did I.

A few days later I received a letter, (not a NIP) the same as you, filled in the form, I received it because she had reported an accident.

A couple of weeks I received a letter from the police saying no further action would be taken.

I am pretty sure the same will happen to you.