ChatterBank1 min ago
Failure to stop / fail to report hitting a car park barrier
3 Answers
2 months ago I slid my car on heavy snow/ice at the exit to a pay car park and my car broke the exit barrier (clean off) and my front bumper and mechanicals.
I didn't get out of my car, just paused a bit and carried on. (yes, I know muppet)
My car didn't get far and I had to be towed and get it fixed under insurance.
I came back later on foot whilst waiting to be towed and took photos on my phone of the slippery road, but left it at that.
But I didn't report it to the car park attendants. I was mad at the ramp being left so slippery and not cleared/closed and figured I'd take it up with them only if they used the CCTV on the exit to charge me.
I've just received a letter from the Met Police, Requirement For Name and Address of Driver, due to failing to stop after an accident and exchange details / Failing to report... to police in 24hr. Section 170 of the Road Traffic Act, 1988.
I guess I have 2 problems.
1) breaking the Roaf traffic act (RTA) and subsequent procedings
2) a civil claim from the car park for repair work
Any advice on either?
Does the road traffic act apply to Public Places or just Roads (the car park exited onto a privately maintained road)? So was it an offence.
Should I seek legal advice on the repair claim if it comes?
I didn't get out of my car, just paused a bit and carried on. (yes, I know muppet)
My car didn't get far and I had to be towed and get it fixed under insurance.
I came back later on foot whilst waiting to be towed and took photos on my phone of the slippery road, but left it at that.
But I didn't report it to the car park attendants. I was mad at the ramp being left so slippery and not cleared/closed and figured I'd take it up with them only if they used the CCTV on the exit to charge me.
I've just received a letter from the Met Police, Requirement For Name and Address of Driver, due to failing to stop after an accident and exchange details / Failing to report... to police in 24hr. Section 170 of the Road Traffic Act, 1988.
I guess I have 2 problems.
1) breaking the Roaf traffic act (RTA) and subsequent procedings
2) a civil claim from the car park for repair work
Any advice on either?
Does the road traffic act apply to Public Places or just Roads (the car park exited onto a privately maintained road)? So was it an offence.
Should I seek legal advice on the repair claim if it comes?
Answers
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Section 170 of the Road Traffic Act 1988 (as amended) refers to 'a road or other public place':
http://www.statutelaw...276820&filesize=13759
Section 192 of the Act defines a 'road' as "Any Highway and any other road to which the public has access, and includes bridges over which a road passes.."
Section 170 of the Road Traffic Act 1988 (as amended) refers to 'a road or other public place':
http://www.statutelaw...276820&filesize=13759
Section 192 of the Act defines a 'road' as "Any Highway and any other road to which the public has access, and includes bridges over which a road passes.."
The definition of a 'public place' has been made through case law. Summaries of the rulings are here:
http://www.penaltycha...hway-and-public-place
with case details here:
http://www.wikicrimel...hp?title=Public_place
Given that it has already been ruled that a multi-storey car park is a 'public place', it seems likely that Section 170 applies to you.
Car park barriers are usually designed to break under very light pressure. (I used to run a railway station where we had one broken off at least once per fortnight. On several occasions a barrier was broken within an hour or two of the old one being replaced). So any damage is usually limited solely to the barrier arm, rather than to the (far more expensive) equipment which it's attached to. A spare arm only costs about £30 and can be fitted in a couple of minutes, so any bill should be fairly low.
Chris
http://www.penaltycha...hway-and-public-place
with case details here:
http://www.wikicrimel...hp?title=Public_place
Given that it has already been ruled that a multi-storey car park is a 'public place', it seems likely that Section 170 applies to you.
Car park barriers are usually designed to break under very light pressure. (I used to run a railway station where we had one broken off at least once per fortnight. On several occasions a barrier was broken within an hour or two of the old one being replaced). So any damage is usually limited solely to the barrier arm, rather than to the (far more expensive) equipment which it's attached to. A spare arm only costs about £30 and can be fitted in a couple of minutes, so any bill should be fairly low.
Chris
You could argue many points in your defence -
- The ramp wasn't closed, but remained open whilst in a slippery/icy condition
- No warning signs as to the ice on the ramp
Personally, I would ask you
- If you knew/had an idea that the ramp was icy, why did you risk an accident rather than find alternative parking?
- As you was waiting for recovery anyway, why did you not ring the police to report the accident, as you have said yourself, you knew you should of.
I suspect that you are going to be summonsed to mag's court regarding this.
Recovery of the costs for repairs, maybe compensation.
I don't know what the outcome in court will be, however it is likley that you will get high number of points (if you've already got points, then maybe a ban)
Heavy fine
All because you failed to make a phone call!!
- The ramp wasn't closed, but remained open whilst in a slippery/icy condition
- No warning signs as to the ice on the ramp
Personally, I would ask you
- If you knew/had an idea that the ramp was icy, why did you risk an accident rather than find alternative parking?
- As you was waiting for recovery anyway, why did you not ring the police to report the accident, as you have said yourself, you knew you should of.
I suspect that you are going to be summonsed to mag's court regarding this.
Recovery of the costs for repairs, maybe compensation.
I don't know what the outcome in court will be, however it is likley that you will get high number of points (if you've already got points, then maybe a ban)
Heavy fine
All because you failed to make a phone call!!
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