View Full Version : How much traffic law applies to a private car park??
Boost
03-04-2003, 10:08 AM
For example my works car park is a multi storey where maybe 1000 cars park, but all owned by employees/visitors/contractors - the general public do not have access and the site is owned by the company.
If someone drives into my car (by the way this is not entirely hypothetical :roll: ) and tries to clear off without giving any information, am I able to report them to the police with a view to him being charged with leaving the scene of an accident?
Would the situation be technically any different is the carpark was at say a supermarket where the public have ready access?
Mice_Elf
03-04-2003, 10:50 AM
Do they have one of those signs up saying "Vehicles are parked at the owner's risk" etc?
Boost
03-04-2003, 11:34 AM
There are some terms and conditions you agree to when registering to use the car park - not sure what all of them are - there are none of the signs stuck up that you sometimes see with the "at owners risk" stuff. But whether or not the company are responsible for vehicles parked there, has the driver actually committed a crime by his actions in the sense that he would have done on a public road. I know that you can drive without a license on private land or even drive at any speed on private land but can you literally do anything in a car on private property? There is also some other factor that the security guards won't pass on which is complicating matters from their end - perhaps the guy was drunk or something? - I know that he hit a few cars not just mine! I may still get some insurance details out of him but if he refuses what could be done?
Nothing but bad luck since getting the scooby - I have been hit in car parks 2 times and also rear ended by an uninsured driver on the road not to mention door dinks :x and I always park in the most obscure corners out of the way:|
Mice_Elf
03-04-2003, 12:13 PM
From what I can recall, my mum's car was hit in her work place car park - a hospital, to which the public do have access. However, because it was a private carpark, as opposed to the road, then I believe that there was nothing that mum could do.
the general public do not have access
How do cars and pedestrians get into the carpark? As that is the crux of a lot of your answers.
milly
03-04-2003, 01:09 PM
Law apply's if it is public road
Definition:
Any road or highway to which the public have access including brides over which a road passes.
If the public have free access even though it's private then the law applies
Boost
03-04-2003, 01:47 PM
the general public do not have access
How do cars and pedestrians get into the carpark? As that is the crux of a lot of your answers.
Well the employees are normal members of the public I suppose - not police or military or anything, but they need a security pass to gain access to the site which is controlled by barriers and security staff, so the general public do not have free access. It is possible for tradesmen, reps, visitors etc to enter if they have a visitors pass and sign in. Once on site there are a number of car parks you could drive freely into. Hope that clears the thing up a bit :?
Nathan L
04-04-2003, 11:26 AM
The Road Traffic Act will only cover accidents on roads or public places.
If the site has a security gate, and you have to have a pass to gain entry, then this would appear to be a private place. The Road Traffic Act would not apply as the public doesn't have free access whether implied, on payment or otherwise.
A supermarket car park, or a council run 24hr pay and display for instance would be covered. As the public have free access when they like and don't have to pass through a security gate.
I hope that makes some sense.
Nathan..
Teknobod
04-04-2003, 12:12 PM
Any road or highway to which the public have access including brides over which a road passes.
So that's how you get rid of 'er indoors is it? :D :D :D [/b]
milly
04-04-2003, 12:13 PM
You know what i meant!
Bridges
addtionally you have to have insurance in a public place, European legislation extended the requirement for 3rd party insurance under the Road Traffic Act to "other public place" about 2 years ago. Prior to that you didn't need it.
Teknobod
04-04-2003, 02:32 PM
You know what i meant!
Bridges
Sorry, couldn't resist.
I'm sure you'll get your own back. ;)
Andy
Boost
04-04-2003, 03:59 PM
Thanks - the guy is stll refusing to give insurance details and admitt it was his fault even though he has been witnessed and photographed - I'll see if they are interested at the local station anyway - if not my insurance will have to follow it up since I now have the guy's reg no and name from the security guards at least.
Burratha
04-04-2003, 04:01 PM
Has there been any paint transfer?
h1udd
04-04-2003, 05:28 PM
Ahhh
does this mean I can be charged for doing donughts in Sainsburries car park :cry:
Teknobod
04-04-2003, 08:22 PM
Surely, if there are witnesses and photographic evidence, the police should be able to do something.
Wouldn't it be classed the same as vandalism or malicious damage?
Andy
pauleds
09-04-2003, 11:34 PM
Reportable road traffic accident as defined by the road traffic act does not apply.
Criminal damage does seem to apply in this case.Report it as a criminal damage with a suspect at your local Police Station.
Paul.
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