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Legal matters

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note left on window in car park

27 replies

hannibalismisunderstood · 28/12/2013 16:30

Hi

Today I popped to the shops and the car park was packed, eventually I found a space, reversed in and popped into the shops. I was only in there a short while and then came out, put dd into her seat and drove to another set of shops, more spave this time, parked (again reversed in as is easier) did my shopping and when I got back in the car with dd noticed a small note under my windscreen wiper. I am
Not totally sure whether it was from the first or second car park as it was a small note tucked in and I didn't need to use my wipers.

The note claims I put a big scratch On their car and they have taken down my registration. I am 110% certain I didn't touch a car in either car park. There is also no damage or marks on my car.

I suspect if anyone had damaged their car it may have been the car in the space before me.

There was no name or number left so I cannot call to clarify anything.

My question is if they try and claim against me what can I do? I titally dispute that I even touched their car!!

OP posts:
cazzybabs · 28/12/2013 16:32

I think if you have an accidnet in a carpark (not saying you did) ... it is tough luck as no legal comback - you are not covered by your insurance

CaterpillarCara · 28/12/2013 16:36

We had this happen in the Lake District. We absolutely had not touched their car. Nothing ever came of it. Expect it was a scam.

TensionWheelsCoolHeels · 28/12/2013 16:38

Your only defence to this is taking photos of your car, all around, to verify no damage/paint transfer/any indication of contact with another car, and maybe phone 101 to speak to someone about it, just so it's on record that you reported this and you are certain you did not cause any damage to another car. If any claim is made against you/your insurance, you'll have the photos and report to the police as your defence. Unless there is CCTV footage or independent witnesses to what happened, you can insist on standing your ground/refuse to admit liability. It might well mean you end up in a civil court defending yourself, but that's only if they don't drop their claim and they take you to court.

It'll come down to your word against theirs, and what evidence you both have to justify your stance.

FutureDreamer · 28/12/2013 16:40

Worse case your insurance company will deal with it. Try not to worry.

A couple of years back someone claimed that I had knocked their bike over in a car park in x town. I could prove that I had been in y town on tha date and had proof that I had paid parking for my car in y town on that day.

Police interviewed me under caution Shock and were very reassuring as the witness statement described me as a 6'2" broad man with heavy beard and thick brown hair. I am a 5' 2" woman who wears a size 8, has long blonde hair and had just had my tache waxed.

Bastard insurance company still paid out although I kept my no claims. I was bloody livid Angry

FutureDreamer · 28/12/2013 16:44

Should add police examined my car and could see there had been no damage or recent repair.

Have no idea how the situation came about. They had the make model and number plate of my car and x town was my home town, don't know if it was a genuine mistake (it as a new car and I heard that dealers sometimes end up with cars with consecutive number plates) or someone being malicious or some other scam.

Pan · 28/12/2013 17:01

This is a pile of old poo. There is no need at all to 'report' this incident to anyone, other than speaking to your insurance co. on Monday. Let them know what is being alleged and your response. They have no evidence at all and are just trying it on to get a repair done.

NigellasDealer · 28/12/2013 17:04

besides you are supposed to swap details at the scene of the accident or every chancer would try this on.
quite honestly they can do one...good grief you do not even know who they are!
silly people.

starlight1234 · 28/12/2013 17:13

I got in a smilullar situation...My advice...Inform the police..You can be charged with a criminal offence failing to stop at scene of an accident if it was ever decided you had commited an offence..Call 101 it will cover yourelf.

Pan · 28/12/2013 17:18

starlight - this isn't a reportable 'accident'. The OP can't be charged with anything like a criminal offence.

hannibalismisunderstood · 28/12/2013 17:58

Is it necessary to contact my insurance company in advance of any possible claim?

OP posts:
Pan · 28/12/2013 18:09

No, but it will put your mind at ease when they say 'don't worry, we get a few of these instances' AND it shows you taking reasonable steps with notifying them - in case the allegation goes further. They would want to know why you didn't tell them.

prh47bridge · 28/12/2013 18:11

Thankfully Cazzybabs is wrong. You are covered by your insurance.

this isn't a reportable 'accident'

Yes it is. Under S170 of the Road Traffic Act 1988 a driver involved in an accident on a road or public place (e.g. a car park) which causes damage to another vehicle must stop and give details. If they do not do so they must report the accident. Failure to do so is an offence.

TheArticFunky · 28/12/2013 18:12

This happened to us. A long ranty sweary letter. If it was genuine I imagine that the car parked in the space before we arrived must have caused the damage but the morons were not bright enough to have considered this. We never heard anything, they didn't leave any contact details.

Pan · 28/12/2013 18:17

yes prh I know the law, but it isn;t 'reportable' as the OP has no means to report it. Imagine the conversation at the police station:

'When was it? What's the reg number? What make model was it? Were there witnesses? What's the allegers' contact details? Which insurance co is it? Anyone injured?'

To all of these the OP says 'don't know'. Copper says " Phone your insurance co. They handle this. Gooday".

CaterpillarCara · 28/12/2013 18:21

You surely only need to report an accident if you have had an accident, which to the OP's knowledge she has not.

ErrolTheDragon · 28/12/2013 18:27

Phone your insurance company, let them know the situation, that you did not hit another vehicle, that there are no marks on your own car (taking photos would be sensible) and that you think that someone is trying it on.

PenguinsDontEatStollen · 28/12/2013 18:30

Yes, I agree. If the OP had had the accident it would be reportable. But since she didn't, doesn't know the car allegedly involved or the location there is nothing she can report.

I would call the insurance company but only for peace of mind and so they have your account on file. And keep the note.

NigellasDealer · 28/12/2013 18:36

Yes it is. Under S170 of the Road Traffic Act 1988 a driver involved in an accident on a road or public place (e.g. a car park) which causes damage to another vehicle must stop and give details
yes but OP was not involved in any 'accident' so .....

ErrolTheDragon · 28/12/2013 18:41

it may help the insurance company to rebut spurious claims if they are forewarned.

hannibalismisunderstood · 28/12/2013 18:59

Thanks everyone, I'll give the insurance company a call on Monday then.... Hopefully the idiots won't bother trying to claim!

OP posts:
specialsubject · 29/12/2013 12:09

and BTW reversing into a space is the correct way to do it - easier as you say, and safer.

you would still have noticed if you had hit the other car!

gettingeasiernow · 29/12/2013 19:52

Just to add this happened to me too. I worried for a while, then threw the letter in the bin and nothing more was heard of it. It's just some nutter trying it on. Ignore.

ReluctantBeing · 29/12/2013 19:59

I'm glad you didn't spot it at the time. I bet someone was watcng, and had you seen the note and started to inspect your car, they could have snapped a photo as 'evidence' of you knowing you had done something.

ProphetOfDoom · 31/12/2013 13:04

This reply has been deleted

Message withdrawn at poster's request.

Sam100 · 31/12/2013 14:00

There have also been instances of car theft from notes left on rear windscreen. You get in the car, start it, realise there is a note on the rear windscreen, get out leaving the engine running, walk to back of the car, they then hop in and drive off with your car. A distraction robbery. I am sure if someone thought you had damaged their car they would have left a contact number so you could call them.

Aldo we have had a car damaged in the car park at Brent cross (woman hit the wing when pulling into a space while we were sat in the car) had the details of the car and description of the woman involved who refused to exchange details. We reported it to the police who told us there was nothing they could do as a car park was not the public highway and was private property. This was 15 years ago though so things may have moved on. It was a company car so we just had to detail it all out and then leave to the fleet manager to sort out.

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