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Car Park Incident advise please


madmackie
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hi all im new to here so i hope ive placed this in the right section

8 weeks ago (2/5/12 ) my daughter who had passed her test a week earler had gone to work at tecso's and parked in a space the night previously someone had loosend the 4 wheel nuts on wheel of her car which was obviously loose and caused some damage on her way home which my father and i fixed the next day. in doing the repiars her battery had gone flat so i asked her when she finished work this day to ring me to make sure her car had started properly.

She returned to her car with a work collegue and tried to start her car not realising it was still in 1st gear she tried to start the car it lurched forward and stopped.She got out of her car to check she hadnt hit the car in front both her and her collegue checked her car and the one in front to make sure she hadnt hit it .there was no damage she rang me in a state, i asked her had she caught the other car she said no i asked her was there any damage she said no she also said there look like a crack in the other cars number plate aagin i asked her had she hit it she promised she hadnt and shes not the type to lie i said to her the crack may well be an old one and as there was no obvious damage. i advised her to leave as there was no damage she hadnt hit the car and no one was injured she also asked a couple of people who where around if this was there car to ensure she wasnt doing anything wrong.

The car is registered in her name and insured in her name with my wife and i as named drivers today the 23/6/12 I received a letter in my name asking for details of the driver of the car for failing to stop failing to report an accident and driving without due care i was gobsmaked i have rang tesco and there is no cctv covering the carpark and i now think she is going to get blamed and prosecuted for something she hasnt done can anyone advise me what to do please thanks in advance pete

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First of all you need to find out as much as you can about the full details of what she is being accused of. I know you state it says on the letter failing to stop etc. But you need to find the full details of what she is accused of. If your daughter is of the full belief that she did not hit the vehicle then technically she has done nothing wrong. Its upto the prosecution to prove that she knew she had hit the vehicle and acted dishonestly by not doing anything about it. As for driving without due care for stalling a car, not a chance. Otherwise every learner driver would be banned before they have passed. ( somebody will be along shortly saying this is not a legal advice forum)

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No evidence of S.3 RTA breach and if there is no sign of damage (which is reasoned to be from the vehicle) then it is not failing to stop. This is based on normal reason and the letters of the law.

If no CCTV, what about other witnesses? How did a letter find it to your address? Unless there is evidence, it will go no where and quite rightly so. That said, a bit of a frank conversation is needed, to see if indeed what has been said to have happened, has happened.

I would suggest telling the relevent people e.g. OIC/insurers your side of the story and go about it. Criminal law is 'beyond all reasonable doubt' so will easily get off with S.3 RTA from what you say, though civil law been based on 'balance of probabilty' could see a knock for knock situation....doubt it though as not even evidence there.

I'm not a lawyer or insurance investigator, but i have done some traffic input in the SCs so thats why i think what i'm saying.

J

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If she's the registered keeper, why was the letter sent to you?

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she is the registered keeper and ite her policy so i dont know why it was sent to me the car was taxed on the 26th april and the logbook was put in her name then until this the log book was in the previous keepers name as it was on a sorn notice and work being carried out for the mot etc so i have never been on the log book its a strange one

my daughter had her work collegue who is a middle aged lady with who also said there was no damage !!

also sorry it says at the top of my page chat and is flashing red 2 i assume messages how do i log into this to the the chat messages thx

Edited by madmackie
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she is the registered keeper and ite her policy so i dont know why it was sent to me the car was taxed on the 26th april and the logbook was put in her name then until this the log book was in the previous keepers name as it was on a sorn notice and work being carried out for the mot etc so i have never been on the log book its a strange one

my daughter had her work collegue who is a middle aged lady with who also said there was no damage !!

also sorry it says at the top of my page chat and is flashing red 2 i assume messages how do i log into this to the the chat messages thx

firstly chat "notifications" that you're seeing aren't chat notifications, they are simply telling you how many people are in chat at the moment.

i.e. if there is a red square with a "2" inside it you aren't receiving 2 notifications, it's simply telling you there are 2 users in chat.

Since you are not a power user, you cannot access chat.

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Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas.

Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas.

Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

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Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas.

Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas.

Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

A disclaimer so good, you'll want to read it twice!

OP - It sounds a bit of an odd one to me to be honest with you. There is no CCTV and no apparent witnesses other than possibly the colleague in the car who would have apparently agreed that the damage could well have been old. I wouldn't from I can see say that Its failing to stop at a scene of an accident because it isn't clear that one has actually happened again provided the account here is correct. The only thing which could potentially have been done differently would be to leave details on the car windscreen or some such in case there was any new damage.

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Does the letter you recieved relate to the time/date of the incident where your daughter started her car in gear? As she works at Tesco's and regularly parks in the car park it may relate to another incident she is not aware of.

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Who is the letter from? A private individual, a solicitor, an insurer, or what?

If the vehicle has never been registered in your name, and the insurance is in her name as well, then something's not right...

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The letter is from the police the reason it came in my name is the previous owner was a customer of mine and the policce contacted them first as the logbook was in the process of being changed into my daughters name.The logbook was sent off a week before what my daughter is supposed to have done therefore hadnt been processed.the letter also states the time of the incident was 7.30 pm my daughter finishes at 7.00 and come straight home ??

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The letter is from the police the reason it came in my name is the previous owner was a customer of mine and the policce contacted them first as the logbook was in the process of being changed into my daughters name.The logbook was sent off a week before what my daughter is supposed to have done therefore hadnt been processed.the letter also states the time of the incident was 7.30 pm my daughter finishes at 7.00 and come straight home ??

In that case, I'd contact the police and tell them exactly what you've said there - the car isn't yours, it's your daughter's, and that if the incident in question happened at 7.30pm, then it couldn't be your daughter's car as she finishes at 7pm and was home by the time the incident is alleged to have taken place.

For all you know, someone else has hit the target vehicle but the driver remembered parking next to your daughter's car, and has subsequently gone and taken the index of her car - perfectly possible, given that your daughter works at that location and her car will often be parked there for all to see.

I assume there's no damage on your daughter's vehicle at all? As you say, your daughter had an independent witness to say she hadn't hit any vehicles, I'd suggest it's up to the insurer's of the other vehicle to prove otherwise. Given that there's supposedly no CCTV of the incident, I'd say that would be tough to prove without any admission of guilt.

Edited by Chewie
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