View Full Version : Thanks a lot !!!!!
I would just like to thank the ''very nice person'' that opened their door against my mothers car on saturday. I happened in either Tesco car park or the retail park. Someone with a blue car has damaged my mother's (a pensioner) new Fiesta very badly. We are not just talking a wee ding. The car has been hit on the drivers door quite badly and whoever did this just drove off without a note or anything. This is going to cost a lot of money to sort, which she could well do without. If you are reading this, I hope you are proud of yourself. If anyone else reading this saw this happen, could you please get in touch with me.
AfternoonDelight
30-Aug-09, 21:24
I hope you find the person who did this, we always park our car well out of the way in any carpark. To be honest, I doubt if the sort of person who would do this sort of thing would be reading the org, but like I say - good luck, maybe someone saw it and will be decent enough to say so. :(
braalterr903
30-Aug-09, 21:29
yes same happened to me a couple months ago and am left to pay for it now mine happened in dunett forest car park .
Sorry camor but the dogsbreaths who do that sort of thing ...
Don't have the intelligence to be able to read!!!
I had the same thing in Tesco`s Wick. They won`t even let you see the cctv so you can see who done it without involving the Police. Give the police a call,you never know they might be able to do something.(but don`t hold your breath)
tonkatojo
31-Aug-09, 11:08
I had the same thing in Tesco`s Wick. They won`t even let you see the cctv so you can see who done it without involving the Police. Give the police a call,you never know they might be able to do something.(but don`t hold your breath)
Private car parks ,I don't think they get involved (police). but it doesn't make it right, hope some one saw it and comes forward.
I had the same thing in Tesco`s Wick. They won`t even let you see the cctv so you can see who done it without involving the Police. Give the police a call,you never know they might be able to do something.(but don`t hold your breath)
Having been involved in assessing the possibility of CCTV installation:
They MUST NOT let you see the CCTV as this would be an offence under the Data Protection Act.
There's all sort of rules. My experience was at the tail end of using tapes (so some information may be out of date):
Tapes must NOT be re-used unless erased in a bulk tape eraser (bet very few installations coplied with that).
No other (video) tape recording equipment may be co-located with the CCTV recorder (to prevent copying of tape excerpts).
etc, etc.
In fact, in the area I was going to cover (a PC classroom) I gave up on the idea of recording CCTV as the cost became prohibitive and we just used "live" TV. I must admit that I was wanting to install this to see people who were breaking the rules rather than expecting crime. I was told in no uncertain terms by the Uni's data protection officer that I would be committing a criminal offence if I viewed the recordings for things like who had ruined a keyboard by spilling drinks into it (even if that did impinge on teaching where the classroom was fully booked).
In your case, I assume the police may treat the case as failing to stop (and report) an accident. They should then have the right to arrange viewing (and copying for evidential purposes) of the relevant recordings.
Hence the wording on the notices which are required by law at each area covered by commercial CCTV.
JimBews
Private car parks ,I don't think they get involved (police). but it doesn't make it right, hope some one saw it and comes forward.
Tesco's car park is not private. It is still subject to Road Traffic Law.
tonkatojo
31-Aug-09, 12:52
Tesco's car park is not private. It is still subject to Road Traffic Law.
If that is the case why do the pedestrian crossings not have the required road markers to stop taxis ect parking on them ?. :(
If that is the case why do the pedestrian crossings not have the required road markers to stop taxis ect parking on them ?. :(
Since when do taxi`s take any notice of road markings or where they can stop? Bus Stops,Zig-Zags,Junctions,Double Yellow Lines,all meaningless
tonkatojo
31-Aug-09, 13:11
Since when do taxi`s take any notice of road markings or where they can stop? Bus Stops,Zig-Zags,Junctions,Double Yellow Lines,all meaningless
Point taken, but what makes the tesco car park part of the public highway as stated by "reghead" ?. I realise the car park at summerfield's is council owned as you can get booked by the traffic warden for infringements, but have not seen a warden up at tescos, only the police getting their supplies in uniform or taking shop lifters away.
If that is the case why do the pedestrian crossings not have the required road markers to stop taxis ect parking on them ?. :(
I really don't know but that has nothing to do with failing to stop after an accident.
The Offence
Being the driver of a mechanically propelled vehicle, owing to the presence of which on a road an accident occurred whereby personal injury or damage was caused to another person or another vehicle or an animal not in the vehicle, or property on or near the road, then failed to stop or on being required by a person to give your name and address and the name and address of the owner and the identity mark of the vehicle, failed to do so.
Road:
A road is defined as follows under Section 192(1) of the Road Traffic Act 1988 as follows:
"Any Highway and any other road to which the public has access, and includes bridges over which a road passes.."
Generally a road stretches to the boundary fences or grass verges adjacent to it including any pavements (as stated in Worth v Brooks [1959] Crim LR 855)
If a vehicle is partly on a road and partly on some other privately owned land it can be treated as being "on the road" for the purposes of the road traffic legislation (Randell v Motor Insurer's Bearu [1969] 1 All ER 21)
"Public Roads" which are refered to in the Vehicle Excise and Registration Act 1994 are those roads which are repairable at the public expense.
tonkatojo
31-Aug-09, 13:17
Because they are not zebra/pelican crossings.
What are they then ?
tonkatojo
31-Aug-09, 13:23
Because they are not zebra/pelican crossings.
The Offence
Being the driver of a mechanically propelled vehicle, owing to the presence of which on a road an accident occurred whereby personal injury or damage was caused to another person or another vehicle or an animal not in the vehicle, or property on or near the road, then failed to stop or on being required by a person to give your name and address and the name and address of the owner and the identity mark of the vehicle, failed to do so.
Road:
A road is defined as follows under Section 192(1) of the Road Traffic Act 1988 as follows:
"Any Highway and any other road to which the public has access, and includes bridges over which a road passes.."
Generally a road stretches to the boundary fences or grass verges adjacent to it including any pavements (as stated in Worth v Brooks [1959] Crim LR 855)
If a vehicle is partly on a road and partly on some other privately owned land it can be treated as being "on the road" for the purposes of the road traffic legislation (Randell v Motor Insurer's Bearu [1969] 1 All ER 21)
"Public Roads" which are refered to in the Vehicle Excise and Registration Act 1994 are those roads which are repairable at the public expense.
I think probably the get out clause would be "on or near the road". by what you state should you not have included the words "public highway" ?.
Point taken, but what makes the tesco car park part of the public highway as stated by "reghead" ?. I realise the car park at summerfield's is council owned as you can get booked by the traffic warden for infringements, but have not seen a warden up at tescos, only the police getting their supplies in uniform or taking shop lifters away.
What offences would be committed at Tesco that a traffic warden will be interested in? The only one that I can think of is obstruction.
I could park my car up on Tesco carpark without a tax disc and nobody can legally touch me because Tesco are responsible for the carpark repairs but I would be asked to leave by Tesco management after a long stint.[lol]
I think probably the get out clause would be "on or near the road". by what you state should you not have included the words "public highway" ?.
No, a public highway is a road.
tonkatojo
31-Aug-09, 13:37
What offences would be committed at Tesco that a traffic warden will be interested in? The only one that I can think of is obstruction.
I could park my car up on Tesco carpark without a tax disc and nobody can legally touch me because Tesco are responsible for the carpark repairs but I would be asked to leave by Tesco management after a long stint.[lol]
Exactly, it is not a public highway/car park, it is a car park supplied by tesco's for the use of their customers, hence does not come under the road traffic act.
That is also why the pedestrian crossings are not marked as a public road/highway are.
Exactly, it is not a public highway/car park, it is a car park supplied by tesco's for the use of their customers, hence does not come under the road traffic act.
That is also why the pedestrian crossings are not marked as a public road/highway are.
Wrong, you are getting confused with excise law and road traffic law, Privately-owned roads to which the public have access are still the sort of roads which satisfies the definition of a road according to the offence of failing to stop after an accident.
I would rather suspect that the crossings on Tesco carpark are purely courtesy provided. They aren't recognised under road traffic law like zebra/pelican crossings. The pedestrian is basically crossing a road under his own vigilence with the assistance of a pseudo-zebra crossing.:)
tonkatojo
31-Aug-09, 13:55
Wrong, you are getting confused with excise law and road traffic law, Privately-owned roads to which the public have access are still the sort of roads which satisfies the definition of a road according to the offence of failing to stop after an accident.
I would rather suspect that the crossings on Tesco carpark are purely courtesy provided. They aren't recognised under road traffic law like zebra/pelican crossings. The pedestrian is basically crossing a road under his own vigilence with the assistance of a pseudo-zebra crossing.:)
I think tesco's will take offence at their car park being classed as a public car park, mind the council come and grit the Wick car park in the winter, whether that is paid out of public funds or tesco pay the council I don't know.Perhaps you are right tescos private car park is classed as a public highway, but I have my doubts.
No doubt you will say otherwise.
I think tesco's will take offence at their car park being classed as a public car park, mind the council come and grit the Wick car park in the winter, whether that is paid out of public funds or tesco pay the council I don't know.Perhaps you are right tescos private car park is classed as a public highway, but I have my doubts.
No doubt you will say otherwise.
Wrong, I never said that, Tesco carpark is not a public highway, it is a road to which the public have access. You are getting muddled.
Wrong, Tesco carpark is not a public carpark, it is a car park for the patrons of Tesco (who are also members of the public). Tesco have the right to evict anyone off their premises.
If the cost of gritting Tesco car park is coming out of the Public purse then that is a matter of public concern. You may want to object about that.[lol]
tonkatojo
31-Aug-09, 14:10
Wrong, you are getting confused with excise law and road traffic law, Privately-owned roads to which the public have access are still the sort of roads which satisfies the definition of a road according to the offence of failing to stop after an accident.
I would rather suspect that the crossings on Tesco carpark are purely courtesy provided. They aren't recognised under road traffic law like zebra/pelican crossings. The pedestrian is basically crossing a road under his own vigilence with the assistance of a pseudo-zebra crossing.:)
I have spent the last 15 mins reading up on the law and car parks and conclude you are probably right, having said that it must be a recent change as a few year ago some thing similar happened in a pub car park and the police said it was a civil matter.
Confusing or what.
I have spent the last 15 mins reading up on the law and car parks and conclude you are probably right, having said that it must be a recent change as a few year ago some thing similar happened in a pub car park and the police said it was a civil matter.
Confusing or what.
I agree totally. But in the end, courtesy on behalf of the drivers, pedestrians and Tesco should prevail to provide a safe environment for traversing carparks.:)
tonkatojo
31-Aug-09, 14:17
Wrong, I never said that, Tesco carpark is not a public highway, it is a road to which the public have access. You are getting muddled.
Wrong, Tesco carpark is not a public carpark, it is a car park for the patrons of Tesco (who are also members of the public). Tesco have the right to evict anyone off their premises.
If the cost of gritting Tesco car park is coming out of the Public purse then that is a matter of public concern. You may want to object about that.[lol]
Getting muddled, look at your post 16, you state a highway is a road.
But I still think any bumps of cars will be a civil matter, on tesco's car park.
Getting muddled, look at your post 16, you state a highway is a road.
But I still think any bumps of cars will be a civil matter, on tesco's car park.
Wrong, a public highway is a road. Tesco carpark is a road. Failing to stop after a road traffic accident on a road is an offence not a civil matter.:)
tonkatojo
31-Aug-09, 14:33
Wrong, a public highway is a road. Tesco carpark is a road. Failing to stop after a road traffic accident on a road is an offence not a civil matter.:)
OK you say it is an offence on a road, a parking bay in tesco's is now declared a road, if that is the case you are right.
OK you say it is an offence on a road, a parking bay in tesco's is now declared a road, if that is the case you are right.
Yes, at last, a parking bay on Tesco is a road. The Public have access to it, regardless of who pays for its upkeep.:)
Road:
A road is defined as follows under Section 192(1) of the Road Traffic Act 1988 as follows:
"Any Highway and any other road to which the public has access, and includes bridges over which a road passes.."
Generally a road stretches to the boundary fences or grass verges adjacent to it including any pavements (as stated in Worth v Brooks [1959] Crim LR 855)
tonkatojo
31-Aug-09, 14:52
Yes, at last, a parking bay on Tesco is a road. The Public have access to it, regardless of who pays for its upkeep.:)
Road:
A road is defined as follows under Section 192(1) of the Road Traffic Act 1988 as follows:
"Any Highway and any other road to which the public has access, and includes bridges over which a road passes.."
Generally a road stretches to the boundary fences or grass verges adjacent to it including any pavements (as stated in Worth v Brooks [1959] Crim LR 855)
I suppose that is why cars are allowed to park on pavements, because they are classified as roads. now its clearer LOL.
But having said that, as before, you are probably right, but it doesn't make it right, if you catch my drift.
I suppose that is why cars are allowed to park on pavements, because they are classified as roads. now its clearer LOL.
But having said that, as before, you are probably right, but it doesn't make it right, if you catch my drift.
Wrong again. Parking on a pavement is not a road traffic offence (unless it constitutes an obstruction) but it may be subject to local byelaws which traffic wardens are allowed to enforce as well as certain road traffic offences.:)
tonkatojo
31-Aug-09, 18:59
Wrong again. Parking on a pavement is not a road traffic offence (unless it constitutes an obstruction) but it may be subject to local byelaws which traffic wardens are allowed to enforce as well as certain road traffic offences.:)
OK I give in. your right.
bluechesse
31-Aug-09, 19:52
So can we assume neither of you guys witnessed camor's mothers car getting dinged then.......
tonkatojo
31-Aug-09, 22:06
So can we assume neither of you guys witnessed camor's mothers car getting dinged then.......
Certainly not me, although she has my sympathy. :(
Kevin Milkins
31-Aug-09, 22:31
It is something that would send anyone into a rage and sorry it had to happen to your mum, but if this sort of thing is going to happen anywhere then Caithness has to be top spot.
I have been caught out with the winds up here so many times when I have opened the car door and almost lost it, but fortunatly I have never damaged anyone else's car. It is no excuse not to sort out any damage that may have been caused and hope you have some luck and find out who did this.
I had this happen to me while waiting to go through customs coming out of Gibralta and a girl in the car next to me opened her door to get some fresh air and the wind took it and smashed into the side of my camper van and gave it a nice dink. :eek: I was furious and she gave me the "no speak english card", which made me even more cross.
It was when the border guards had guns pointing at me I thought it would be better to let it pass.:mad:
Alice in Blunderland
31-Aug-09, 22:46
I had one of my kids open the car door and take the wing mirror off the car parked next to me once years ago.
I was parked in a car park of a nursing home so set about finding the owner of the car. I told them what had happened and asked them to come and check their car.
Honesty pays as in the end the driver thanked me for letting him know as not many would and said he would cover the cost of the repair himself as it was just an unfortunate accident.
I went away feeling good in the knowledge that I didnt do to someone what I would hate to have done to me.
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