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Albigularis
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PostPosted: 04:51 - 17 Nov 2016    Post subject: So this happened... Reply with quote

[apologies if wrong section]

Accidentally parked in a car park which was part of a police station car park today.

Came back to find my bikes mirror folded in and thought "It's fine, someone's just moved it to park closer". Looked over the rest of the bike - crash bung scratched and R&G logo fell off, scratches to the generator casing, scratches to the rear fairing behind the seat, exhaust marked, front dash fairing popped out of place, fuel all over the floor, number plate almost cracked in half.

As I was taking pictures of the damage, I checked the adjacent cars, one had a mark about the same height as my rear light/numberplate where it obviously been hit. I took photos just of this car just on the off chance.

At this point, I was approached by a police officer telling me the car park was private and so on, I apologised as I hadn't seen the sign (it's extremely faded). He said we needed to go inside to "have a talk".

Inside I was taken to an interview room by two officers, a female officer who hit the bike and the male officer who brought me in. Treatment was... not great. I was demeaned for having an "8 yr old bike". A direct quote "I mean, that thing is 8yrs old, how do I know I caused those marks? I don't know where they came from." Both officers tried to tell me that the insurance wouldn't pay out because its "their" car park. I mean, I know a fair bit about this stuff, and I'm positive that they're both talking absolute horseshit?

TL;DR - police lady hit my bike in "her" car park, claims insurance will say her hitting my parked bike is my fault because I was in a car park I shouldn't have been in.
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talkToTheHat
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PostPosted: 05:27 - 17 Nov 2016    Post subject: Reply with quote

Seek legal advice. Your first 15 minutes is free.

You will probably have to jump through the hoops of police complaints process. Keep everything in writing. The police have a wonderful tactic of only recording incoming calls and only making records that suit you.

You will probably meet denials and resistance to such at low levels, do not be put off.

Welcome to low-level police corruption.

You should probably demand all records of said interaction but GOTO line 1.

In my opinion this is strict liability, someone broke your shit. If it it was behind a locked gate so it could not be reached from the road then your insurance may not cover it comprehensively, but it's not about your insurance.

Did you ask for name, address and insurance details? Were they refused? GOTO line1, subject to lawyer's response, report offence to police.
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Snowdonia Rider
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PostPosted: 06:38 - 17 Nov 2016    Post subject: Reply with quote

Don't let the fuckers get away with it. National Police Complaints Commission straight away, cut out the middle man. Go to the papers too, make a fuss, whinge like a spoilt toddler. Coppers are supposed to be skilled drivers (lol) and have advanced tests, they are also generally supposed to be alert persons. Make sure her competency is questioned.

Just sayin.
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Albigularis
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PostPosted: 06:55 - 17 Nov 2016    Post subject: Reply with quote

I should be clear as well, it was her personal car she hit the bike with, not a police vehicle.

I was also threatened with "we could go legal with this" and told I could be done for trespassing as me reminding her that her car was 3 years older than my bike was considered "cheeky".
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ThatDippyTwat
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PostPosted: 07:48 - 17 Nov 2016    Post subject: Reply with quote

Nail them to the floor.

However, as you are discovering, they will look after their own. When I sued and won against our lot, I ended up having to do it twice more because of the harassment and bullshit they gave me afterwards. Just be aware that this is a distinct possibility, that coppers are still human and some of them are cunts, but with more powers.

Record *everything* if they try to "pop round for a chat", reply officially by signed for post only. Make sure you have pictures of the faded sign from multiple angles. All the damage, the space you were in, her car, etc.

Did they record that conversation with you? I'm betting not, they're generally not that stupid when trying intimidation tactics.
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M.C
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PostPosted: 08:12 - 17 Nov 2016    Post subject: Reply with quote

So CCTV?
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trevor saxe-coburg-gotha
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PostPosted: 08:32 - 17 Nov 2016    Post subject: Reply with quote

Albigularis wrote:
I should be clear as well, it was her personal car she hit the bike with, not a police vehicle.

I was also threatened with "we could go legal with this" and told I could be done for trespassing as me reminding her that her car was 3 years older than my bike was considered "cheeky".


But them them trying it on about the age of your bike isn't cheeky. Right, right.

Fucking hell. What wankers.

The whole thing stinks but is just par for the course. Nothing changes.
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Mawsley
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PostPosted: 08:38 - 17 Nov 2016    Post subject: Reply with quote

Albigularis wrote:

I was also threatened with "we could go legal with this" and told I could be done for trespassing...

I'd say going "legal with this" is excellent advice - especially as the option to 'do you for trespass' falls with the property owner and not some half-blind driving bint who can't reverse without crushing parked motorbikes.
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yen_powell
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PostPosted: 08:45 - 17 Nov 2016    Post subject: Reply with quote

Did you report the accident at the front desk? Don't want you being done for leaving the scene of an accident.
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Polarbear
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PostPosted: 09:03 - 17 Nov 2016    Post subject: Reply with quote

M.C wrote:
So CCTV?


Oh dear, something went wrong with it and it got erased. So sorry, now fuck off before we pin something on you, you little oik!
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ScaredyCat
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PostPosted: 09:06 - 17 Nov 2016    Post subject: Reply with quote

Police officer admitted hitting your bike in front of another officer. Did you get her details? If you're going to claim, tell insurance co that she admitted it in front of PC <whoever>.

Parking where you shouldn't doesn't give anyone license to cause damage with no repercussions.
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Kris
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PostPosted: 09:14 - 17 Nov 2016    Post subject: Reply with quote

Sorry, this is the UK right?

Because it sounds like the actions of a Banana Republic police force in the armpit of South America.

Did you get her name / address?
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Rogerborg
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PostPosted: 10:03 - 17 Nov 2016    Post subject: Re: So this happened... Reply with quote

Albigularis wrote:
Both officers tried to tell me that the insurance wouldn't pay out because its "their" car park.

No problem, deliver an invoice and a transcript of her admission, and start down the route to a Sheriff court small claim against her, personally.

See how fast her story changes then.

Her insurer's wriggle room depends on whether the car park is "a public place", which means anywhere to which the public enjoys a right of access. Maybe ayes, maybe nos, but that's her problem, not yours.

At some point they'll be liable anywhere due to the Vnuk v Trigalev case in the CJEU. I assume here that we won't Brexit first, but that's a spat for another thread.
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Alpineandy
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PostPosted: 10:11 - 17 Nov 2016    Post subject: Re: So this happened... Reply with quote

Albigularis wrote:
Both officers tried to tell me that the insurance wouldn't pay out because its "their" car park.


The answer to that is always "well I'll take your details and the Insurance company can make that decision ".

Hopefully you did get her details and report it for an incident number...
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colink98
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PostPosted: 10:17 - 17 Nov 2016    Post subject: Reply with quote

She could have just moved her car and said nothing.

why all the bollocks ?
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.....
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PostPosted: 10:20 - 17 Nov 2016    Post subject: Reply with quote

It's quite possible the police don't have an insurance company and you will be dealing with them directly.
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Fizzoid
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PostPosted: 10:25 - 17 Nov 2016    Post subject: Reply with quote

Joe wrote:
It's quite possible the police don't have an insurance company and you will be dealing with them directly.


It was her personal car, so if she's not insured, she's in deep doo doo
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stinkwheel
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PostPosted: 10:30 - 17 Nov 2016    Post subject: Reply with quote

So.

She knocked your bike over with her private car?

I presume you've put your insurance claim in?

Also a subject access request for any CCTV covering the site. Not that it wont go missing but a paper trail showing you've requested the evidence would let you imply they tampered with it.

Lots of pictures of the carpark, including any signage or lack thereof.

Did you get her badge number? If they try anything again along those lines ask them if you are being stopped. If you aren't, tell them it's now a matter for the insurance companies and walk away. If you are, there are rules, gem up on them.

I'd also make a concurrent record (so write down what you remember) of everything that happened and everything that was said. Do it today. If you're super paranoid, sign it and get someone to witness you doing so with the date.

If you go down this route, be preparted to sell the bike when it's fixed because you'll find it getting tugged for all sorts in the future.
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Last edited by stinkwheel on 10:32 - 17 Nov 2016; edited 1 time in total
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.....
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PostPosted: 10:30 - 17 Nov 2016    Post subject: Reply with quote

Ah personal car, sorry wasn't paying attention. Sounds like instead of just 'fessing she may have dug herself into a little hole.
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adriansk
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PostPosted: 10:33 - 17 Nov 2016    Post subject: Reply with quote

What in the fuck? I would of kicked right off, which would probably get me into more trouble.

Just shows you, you can really get away with anything if you know the right people/have the right amount of cash, or you're the police.
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Albigularis
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PostPosted: 14:33 - 17 Nov 2016    Post subject: Reply with quote

adriansk wrote:
What in the fuck? I would of kicked right off, which would probably get me into more trouble.


Precisely why I didn't, they were rather aggressive considering the circumstances IMO, so I thought it best not to wind them up too much.

Rogerborg wrote:
Her insurer's wriggle room depends on whether the car park is "a public place", which means anywhere to which the public enjoys a right of access. Maybe ayes, maybe nos, but that's her problem, not yours.


That's my only concern I suppose, I don't want any contact with any insurer unless it's going to a be landslide in my favour.

M.C wrote:
So CCTV?


They said that there isn't CCTV covering that side of the car park.

On another note -though I'm not sure on its accuracy- her car shows as having no tax on the doovla check website...
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Fizzoid
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PostPosted: 14:40 - 17 Nov 2016    Post subject: Reply with quote

Have you also checked if it's MOT'd?

https://www.gov.uk/check-mot-history

And insured?

https://ownvehicle.askmid.com/
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tom_e
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PostPosted: 14:41 - 17 Nov 2016    Post subject: Reply with quote

It's accurate unless she let her tax lapse and then retaxed sometime in the last 5 days then it may be off, have you checked on askmid to see if she's got insurance?

This all seems a bit mental to cover for her just being a clumsy cunt and smells very much like she's shit herself because she's doing something illegal and this would bring it up.
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Azoth
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PostPosted: 14:46 - 17 Nov 2016    Post subject: Reply with quote

Albigularis wrote:
Precisely why I didn't, they were rather aggressive considering the circumstances IMO, so I thought it best not to wind them up too much.


They tried it on because you were young, and two of the likely outcomes were: 1) you would get angry; 2) you would be intimidated. Situation (1), you look like you're at fault, and they 'need' to use police powers to warn or caution you. Forget about compensation for the damage. Situation (2), you go home and do nothing. No compensation, no damages, no investigation of the offending cop possibly having no insurance, etc.

So, the most important thing is to keep your head, because they try it again.

You have to make a claim, so the first thing to do is get professional legal advice. Just tell them the facts, and see what the solicitor has to say.
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Nobby the Bastard
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PostPosted: 15:08 - 17 Nov 2016    Post subject: Reply with quote

A complaint to the IPCC along the lines of 'misconduct in public office' wouldn't go amiss either.
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