Not sure how to proceed after hit and run accident in private car park.

[abc246]

Hi everyone, 

On monday someone hit my car whilst trying to park, causing a decent amount of damage on the bumper. Naturally I contacted the police and the people who managed the cctv for the site.

There was blatant footage apparently of an individual hitting my car multiple times, and even getting out to check before driving off. Now the issue is because it happened in a private car park, not accessible to the public, the police can't prosecute. 

The security company have a copy of the footage as do the police, I think. I'd rather not go through insurance as I dont want my premium increasing anymore, even if it is a non-fault claim, and the damage is purely cosmetic.

 

Because of GDPR, I'm unable to get any copies of the footage, and therefore have no idea who hit my car so cant contact them (I was not in the footage, my car was parked empty)

. Is there anyway I can make a small claim for the damaged caused to my car, and use a court proceeding to obtain the footage.

I honestly have no idea how to go about this, it's a bizarre situation.

Thanks in advance everyone

P.s, im not sure this is the right place to post this so if it isn't, many apologies.

[abc246]

Thanks for both of your replies

1)a security company who manages the cctv for the site has copies which they’ve said they’ve saved. West Yorkshire police also have a copy, the security company sent it to them before the investigation was shut

2) I contacted both the police and the security company, via calling them. Both responses were because I’m not in the actual footage they can’t give it to me, because of GDPR and data protection. 
 

3) I did ask whether the footage actually shows anything, to both parties. The security company did tell me exactly what the person did and that they are identifiable, but that’s it. The police didn’t give me anything. 
 

4) The police and security company actually both told me they can’t give anything because of GDPR. But I actually also contacted the information commissioners office and they also said it would be difficult to get the footage because I’m not actually in it.

 

Ethel street the issue with the link you sent is that it is solely dependant on getting the registration plate of the vehicle you want, which I can’t get because no one will give it to me

Edited August 10, 2023 by abc246
Adding extra reply

[abc246]

In response to Ethel street, yes im sure because the security company who’ve seen the footage 100% confirmed this and said the plate is clearly visible. 
 

In response to bankfodder I asked a lawyer who said the same thing the police said

ive also posted what I think it’s a relevant link, it’s what I first looked at

Bad Request

WWW.SLATERGORDON.CO.UK

 

[abc246]

Thank you all for the replies. There is something I did forget to mention and I am sorry. In response to unclebulgaria, the land is actually not accessible to members of the public. It's a private apartment building with underground parking that is only accessible by a fob that opens a shutter. This was mentioned by the officer I spoke to on the phone; the fact that it was not really accessible to the public and only accessible to tenants of the apartment block seemed to be the dealbreaker. Again sorry for not mentioning this, it is incredibly relevant. Regardless though, criminal damage is still criminal damage surely?

You raise a brilliant point that I didnt think of, regarding my number plate being visible and therefore me being identifiable. 

In response to you bankfodder, I didnt pay a penny im clued in enough to not to do that this soon. I wouldn't even be able to tell you their name, just some generic motor lawyer I googled. 

Compelling evidence is an understatement apparently, it was about as black and white as a zebra

I know it was hit multiple times because that's what the security guy who saw the footage said, im basing it off of his word in essence. 

I'm using the telephone simply because it ensures I'm not fobbed off, they pick up and they speak and I give them what for. As opposed to sending emails and getting ignored or short responses. Also the police don't actually have an email I'm aware of so I have just been using 101.

 

[abc246]

Then in that case ill get to drafting a letter

I will post the letter here before I send it, in case I make any errors.

In essence I'm asking the police to investigate this matter, as it falls under the criminal damage act, and as such the laws of data protection are not applicable. Therefore I would like them to re-open their investigation, provide me with a crime reference number, and also provide me with the cctv footage that they have.

Thank you very much everyone who has commented thus far, you are very kind.

[abc246]

I have attached a copy of my provisional letter, it is not very good, English was never my strong suit at school!

I've redacted any personal info for now

I'm certain I've probably missed something, but any help is appreciated massively

To the chief inspector.docx

[abc246]

Lot of messages, thank you all, I'll try work through them one by one. 

Bankfodder, so I have taken pictures yes, at the time if the accident. If needed im happy to post these. In terms of costs, it's up in the air. Eyeballing I would say between £200-£500. Depends a lot on if the parking sensors on the front have been damaged. They seem fine but who knows

Nickyboy, I'll post a pic of the signage below. They do say something but its a separate one off sign, you will see. The official looking one is all over the car park. 

theberengersniper, you are absolutely right, 99% chance the one who's guilty lives in the flat. They are numbered spots but not assigned. I have a spot I park in but not because it was assigned, just because I like the location of it, it's convenient.

They wouldn't give me anything anyway even if it was relevant, gdpr would probably apply.

I have reposted the letter, hopefully it's ok now. In terms of where its getting posted, should it just be the nearest police station to the location of the crime?

 

To the chief inspector.docx IMG_8128.pdf

[abc246]

Further to some suggestions on here too, I contacted the ICO and the idea that my reg is in the footage therefore I am eligible to acquire it didn't really float with them. I was told it would be incredibly difficult. 

In terms of GDPR exemptions, insurance was one, as was the police, and finally a court order.

I also made the reluctant decision to notify my insurance company. They said they've requested the footage from the security company and the police, but also said it may be several weeks before they get anything, if ever. However the 'claim' is currently on hold, so I am not liable for my own excess, and at any point I can cancel and retain all my bonuses thankfully. If the doing it myself route does not work for whatever reason I thought it prudent to have a fallback.

Regardless though, I don't believe they should get away with this, even if I go down the insurance route. I will most definitely want to pursue damages from this scummy individual.

[abc246]

Oh yes sorry I completely forgot to put in the details of that, I was probably being over cautious in redacting personal info.

I have been keeping a eye on cars coming in for any suspicious ones

I'll play a waiting game for now and ill come back once I know more, in the meantime I will post this the letter to the police  

[abc246]

Hi everyone, hope you're all well

Just a quick update, letters posted so just waiting on that now, however direct line have finally got the footage and everything they need to proceed the claim, they're looking to claim everything back and the man I spoke to said they don't have a leg to stand on to be honest.

He also told me the make and model of the car that hit me, minus the reg, but I am now 99% sure I know which car it is. How should I proceed? Should I leave a letter on the dashboard, e.g. a letter of intent? Or should I get the details of the driver from DVLA, as I'm pretty sure they'll give them to me if I make a request and say they fled the scene of an accident, which is true

Thanks again all!

[abc246]

47 minutes ago, Nicky Boy said:

Is there damage visible on the car in question?

(Just to be sure of that last 1%)

Yes there is, I was already suspicious of that car now I know for sure 

a lot of cars have some damage on them in the car park hence the 99% and not 100

Edited August 15, 2023 by abc246
Clarity

[abc246]

I’ll send them an sar now.

In terms of proceeding, what I meant was if the police don’t plan on pursuing this as a criminal act, I would very much want to take matters in my own hands and pursue justice that way, maybe via a small claims or county court route

You may disagree with me or say I don’t have a case etc, but I don’t have a large income, and this has caused me untold levels of anxiety and stress, and I don’t think people like this person should get away with just a slightly higher premium and maybe some no claims years knocked off and that’s it.