Car damaged on car park in camp

#22
Just to further muddy the waters, when I was reviewing Unit Standing Orders some time ago (rivetting stuff, I'm sure you can imagine!) there was a chapter included on the regulations for driving in barracks and it specifically stated that all elements of the Road Traffic Act applied in-barracks.

It further stated that Service personnel would be held responsible for the actions of their guests where those actions fell within the scope of the Army Act 1955 but outside civil legislation.

Although a case never arose, I did consult Div Legal who agreed that it would in princple be possible to charge a member of the unit for an offense committed by a guest.

IF
 
#23
IdeasFactory said:
Just to further muddy the waters, when I was reviewing Unit Standing Orders some time ago (rivetting stuff, I'm sure you can imagine!) there was a chapter included on the regulations for driving in barracks and it specifically stated that all elements of the Road Traffic Act applied in-barracks.

It further stated that Service personnel would be held responsible for the actions of their guests where those actions fell within the scope of the Army Act 1955 but outside civil legislation.

Although a case never arose, I did consult Div Legal who agreed that it would in princple be possible to charge a member of the unit for an offense committed by a guest.

IF
This is most likely just an easy way of writing the orders, saves having to invent a whole set of road traffic rules in camp if you just apply the ones that already exist for the public highway. Whilst the rules are the same as the civillian rules the offender would have been tried under AGAI procedures (or those in force at the time...) rather than through the civillian courts and I doubt that any conviction could have been endorsable on the offenders driving licence.
 
#24
This is most likely just an easy way of writing the orders
Indeed it was. Sorry, I didn't mean to imply that the USOs suddenly made MOD land subject to the RTA - but it did make (military) users subject to the Army Act 1955.

IF
 
#25
rob_heath said:
im afraid unless you have specified you want insured in camp you wont be
and your insurance is null when your parked in camp
Have you got MoD Police on your camp-I had some money nicked and they were extremely helpful-also my insurance company class MoD property as "Private Driveway". As long as you told them that you would be on MoD property at the time you took out the policy you shopuld be ok-especially if you policy address is where the incident took place.
 
#26
Barrack Room Lawyer said:
Some advise from anyone here would be useful,

I had my car parked on a camp this weekend, while it was parked up it was hit by another car,
You are exonarted of fault, unless you had parked it in a manner where it would be likely to suffer such damage.

Barrack Room Lawyer said:
there was some damage to my car (cracked bumper and scuff marks) . At the site of the impact there was some broken indicator plastic, two cars down there was a knackered old wreck with a broken indicator, the broken fragments matched! I reported the incident to the guard room and the guard commander came and viewed the damage and took some details.
You have suffered damage through a third party who was conducting themselves (ostensibly) in a manner less than that which would reasonably be expected in the circumstances, that is to say (ostensibly) driving with less than reasonable care. Negligence is therefore established.

Barrack Room Lawyer said:
I went and saw the local provost who told me that it had nothing to do with them as it was two civilian vehicles involved, I have the cars reg number and the name and rank of the owner, I also photographed both vehicles including the skid marks where the car tried to stop.
Good, you have some evidence. As for having nothing to do with the Provost Staff, they are correct, however the Occupiers Liability Act 1957 imposes a duty on the landlord (CO) to ensure that as far as is reasonably practicable, that visitors (and trespassers oddly enough) do not suffer any harm. Was the car park lit, was it over filled etc. Retain the evidence as there may be a criminal act under the Criminal Damage Act 1971.

Barrack Room Lawyer said:
The question is who should I contact to follow up this incident as I believe the owner was only a visitor for a mess function and can I claim through my car insurance against the owner or is it not valid because the incident took place on in affect private property?
You should consider contacting the police if you are certain you have sufficient grounds (the police will always investigate, but as I am sure you can imagine they deal with these issues all the time, most go unresolved due to evidence). More appropriately you should contact your insurance company.

It doesn't make any difference where the accident took place, unless your attention was specifically drawn to some exclusion of liability clause (which in this case would need to have been provided by the errant driver before he ran into you).

The meaning of a "road" within the Road Traffic Act 1988 is not relevant, it would be if you had been stopped for speeding or double parking, but in this case you are not the one at fault, it would be for the other party to argue the meaining of the legislation.

In any event the Military Lands Act 1982 may lend you support here, although I have not checked it.

As an aside, if you push for criminal damage, and are successful, you can sue the other party anyway under the provisions of the Civil Evidence Act 1988.

Any further explanations, please let me know
 
B

Biscuits_AB

Guest
#27
For f*cks sakes don't listen to this balloon.

Phone your local cops mate. Get the right answer there, not from someone who is studying for an A level in law.
 
B

Biscuits_AB

Guest
#29
Cammy, this muppet has been spreading is version of 'legal advice' all over a number of threads. He gets shot down and goes off the radar for a little while before returning armed with a few new definitions. His lack of understanding is misleading and may end up with one of the members regurgitating his misinformation to thier OC, etc, which will no doubt lead them into trouble they don't need.

To the orgininator of this thread, report the matter to your local police/RMP. Get proper advice and action.
 
#30
Biscuits_AB said:
For f*cks sakes don't listen to this balloon.

Phone your local cops mate. Get the right answer there, not from someone who is studying for an A level in law.
I agree... to a point. Forget this legal stuff. You know who he is. Find him and get the cash out of him. Hurt him a bit if you have to. He's damaged your car and didn't have the decency to leave his details thinking he'd get away with it - he deserves a good beating.
 
#32
I think what is being suggested is polite explanation and request for recompense. Thats is perfectly reasonable. If of course the individual who was stupid enough to hit the parked car, ignorant enough to leave his damaged vehicle so close that the comparison was easy to make and rude enough to pretend it has not happened; then continues to deny it ever occured. His nuts should be placed on a grill and toasted gently till he coughs up the cash. No malice though!
 
#33
\"DPM\" said:
Be very careful about how you word it with your insurance company. I recently had my insurance stopped by elefant when they realised that I lived on camp - they will not insure cars on MOD property.

Now with the AA who do.

dpm
Strange! Elephant happily insure me to park my vehs on camp. Costs a little more I think but never been refused on the strength of living in-barracks.

And insurance is valid when on camp.
 
#34
My friend was bumped at a roundabout on camp. RAF Police attended the incident.
They informed my friend to inform civil police due to the fact the other driver disputed the blame, he did and is now getting his car repaired whilst the other person has now lost their no claims bonus, so as far as I am aware, on or off camp should not affect your claim, as it is like saying someone who works for Tesco’s whose car is parked in Tesco’s Car park and is damaged as a result of careless driving, cant claim.
 
#35
I recently attended an RTA on camp caused by excessive speed and not giving due consideration to another vehicle. The MOD Police attended and so did the RMP. Whilst chatting with the investigators I asked will there be a report and was informed that there would but if would only be for offences against Standing Orders as a military camp is not covered by the Road Traffic Act and as such things like Speed limits and road markings are unenforceable in law.

They are however enforceable under Standing Orders so speak to the RSM and get him on the case.
 

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