Quizzes & Puzzles3 mins ago
Car Park Accident - Hitting a Pole
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Hi, I am wondering if someone can help me out on this? Whilst driving 5 miles an hour in a supermarket car park being a Saturday noon it was quite busy and I drove into a parking pole whilst driving into my bay. It took of my wing mirror and a dent occurred on my right side of the car. Haphazardly this happened so fast that I didn’t get the chance to react on it. When I looked back of the car, the car-parking pole was damaged and I left the scene of the accident without stopping, as I was scared and worried. When I visited the car park again I realised the little car park pole was uprooted. I am happy to settle the matter without recourse to my insurance company, as this would affect my claim & costs being my second minor accident this year. No one was hurt but presumably I panicked. Can someone advise what do I need to do ?
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For more on marking an answer as the "Best Answer", please visit our FAQ.i would probably contact the store in question and explain it to them. It may be that the accident was covered by CCTV in which case they may, just may, contact your insurers re the damage. I doubt it though - doesn't sound like it was any too bad and i'm sure if you just explain that you didn't realise there was any damage to the pole until you returned to the carpark on another occasion they'll understand. Alternatively, don't say anything and wait to see if they contact your insurers. Don't worry too much, it will be fine though....
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Although the car park is private property it is a "public place" for the purposes of the various Road Traffic Acts. Strictly speaking you have committed an offence under Section 170 of the Road Traffic Act 1988, though it is doubtful that the police would be interested in following up the matter unless the supermarket insists. Under that section of the act you have a duty to stop and provide your details.
I am assuming someone will report me too but being such a busy car park who am i supposed to give my details too although should the supermarkets be so fussed up a little bollard being damaged by a car. Surely I mustin have been the first person to do it .. Agreed I should have reported to but most people i spoke to said the police would not be interested in a petty accident unless someone is hurt.
A bit off topic, but an interesting point, AB.
The wording of S170 is as follows:
A person who fails to comply with subsection (2) [the duty to stop] or (3) [the duty to report] above is guilty of an offence..
I think the important phrase is “…guilty of AN offence.”
Have a look at Magistrates’ sentencing guidelines for the offence (p127 of this document):
http://sentencingcouncil.judiciary.gov.uk/
docs/MCSG_(web)_-_Complete_8.pdf
about halfway down the page you will see “Examples of Nature of Activity”. These are provided to help Magistrates recognise the seriousness of the offence. In the first category you will see (essentially) “stopped but failed to report”. In the second, more serious, category you will see (essentially) failed to stop AND failed to report. This suggests that a driver failing to undertake both of his obligations under S170 is guilty of just one offence. However the offence is aggravated by his failure in both duties and he would be sentenced more harshly.
Interestingly this offence is one of the very few motoring offences which can attract a custodial sentence.
The wording of S170 is as follows:
A person who fails to comply with subsection (2) [the duty to stop] or (3) [the duty to report] above is guilty of an offence..
I think the important phrase is “…guilty of AN offence.”
Have a look at Magistrates’ sentencing guidelines for the offence (p127 of this document):
http://sentencingcouncil.judiciary.gov.uk/
docs/MCSG_(web)_-_Complete_8.pdf
about halfway down the page you will see “Examples of Nature of Activity”. These are provided to help Magistrates recognise the seriousness of the offence. In the first category you will see (essentially) “stopped but failed to report”. In the second, more serious, category you will see (essentially) failed to stop AND failed to report. This suggests that a driver failing to undertake both of his obligations under S170 is guilty of just one offence. However the offence is aggravated by his failure in both duties and he would be sentenced more harshly.
Interestingly this offence is one of the very few motoring offences which can attract a custodial sentence.
The wording of s.170 can be interpreted as
fails to comply with subsection (2) is guilty of an offence
-or-
fails to comply with subsection (3) is guilty of an offence
Two offences with a conditional separator.
The CPS goes with this interpretation.
http:// www.cps .gov.uk ...ic_o ffences /#P71_3 529
fails to comply with subsection (2) is guilty of an offence
-or-
fails to comply with subsection (3) is guilty of an offence
Two offences with a conditional separator.
The CPS goes with this interpretation.
http://
How would you know how much to pay for the damage? The owner of the car park could name any figure they liked, and you (presumably) wouldn't know if that was accurate or not. You might end up paying for all kinds of other damage around the car park if you went to the management and owned up. Keep quiet about it.
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