How Many Points for Hitting a Parked Car?
If you hit a parked car, the law requires you to stop, check the damage, and provide your name and contact details to the owners of any property or other vehicles involved. The number of penalty points you can receive depends on what happened at the accident scene, how you dealt with the incident and whether you are charged with a specific offence. In cases where you didn't stop, it may be treated as a failure to stop offence (sometimes informally referred to as a ‘hit and run’), which carries stronger penalties and long-term consequences for your driving record and insurance.
Below, JMW’s motoring law specialists explain how many points you may receive for hitting a parked car, how aggravating factors affect the penalty and why early legal advice can make a difference if you left the scene without reporting.
Penalty Points for a Hit and Run Accident
If you stop at the accident scene, exchange details and report the incident to your insurer, the matter is usually resolved through the insurance company. Penalty points will generally only be considered if the manner of driving is alleged to have fallen below the expected standard.
If you do not stop, or if you do not report the incident within 24 hours, the penalties can increase significantly. Failing to stop or failing to report are treated as separate driving offences and can lead to:
- Five to ten penalty points on your driving licence.
- A community order
- An unlimited fine.
When deciding your penalty, the courts will consider factors such as:
- Whether contact details were left in a visible place.
- The level of damage caused to the other vehicle.
- Whether you were insured or not.
- If alcohol or drugs were involved.
- Any attempt to hide the incident or avoid the investigation.
Collisions may also lead to charges for careless driving or, in rare cases, dangerous driving. For example, where a driver reverses without checking their blind spots, or drives at speed through a car park and strikes a stationary vehicle, this could result in additional charges beyond failing to stop.
The level of damage caused, the road layout, vehicle position, and witness accounts can all influence the outcome. Nearby CCTV, dash cam footage and witness statements often allow the police to identify hit and run drivers and determine the circumstances of the incident. As such, it is important to fulfil your legal obligations and leave your details with the owner of any property or vehicles involved, or at the scene of the incident.
Totting Up Bans
A totting up ban applies when a driver accumulates 12 or more penalty points within three years.
The length of the disqualification is usually:
- Six months if you reach 12 points for the first time.
- One year if you have had a previous totting up disqualification within three years.
- Two years if you have had two previous totting up disqualifications within three years.
Because failing to stop or failing to report after hitting a parked car can lead to up to nine penalty points, even a low-speed collision could place someone close to disqualification, or take them over the line if previous convictions remain on their licence.
The risk of a totting up ban is one of the main reasons why drivers seek legal advice after hitting a parked car, even if the damage seems minor.
How a Defence Solicitor Can Establish Mitigating Factors
If you have been involved in an incident with a parked vehicle, legal advice from the driving offence solicitors at JMW at an early stage will allow you to establish whether a totting up ban may be avoidable through an exceptional hardship argument, and whether the number of points could be reduced based on the circumstances of the incident.
JMW can assist by:
- Speaking to the police on your behalf and preparing you for any interviews. We will make sure your account is put forward correctly and that you understand what the police are entitled to ask, the purpose of the interview and how your responses may be used.
- Challenging errors in the prosecution evidence If procedures are not followed, the reliability of the prosecution’s evidence can be challenged. This can weaken the case against you and may lead to parts of the evidence being ruled out.
- Reviewing dash cam footage, CCTV and witness statements. These sources of evidence can clarify whether contact occurred, how it happened and whether the allegation reflects the actual circumstances of the incident.
- Assessing whether the allegation is correctly charged. Your solicitor will examine the facts to determine whether the alleged offence meets the legal criteria for the charge the prosecution intends to bring. If the evidence does not support that charge, they can argue that a lesser offence, or no charge at all, is more appropriate.
- Identifying any mitigating factors that can explain your behaviour and reduce the sentence. The court will consider why you acted as you did, and presenting mitigating details clearly can reduce the number of penalty points imposed and protect you from a driving ban.
Mitigating factors may include:
- You attempted to find the owner, but they were not present.
- You left your contact details, but they were not seen.
- You genuinely did not realise a collision had occurred.
- Poor visibility, a blind spot or surrounding conditions contributed to the incident.
- The manoeuvre took place in a confined space, such as a car park, where contact can be difficult to detect.
- You reported the incident voluntarily once you became aware of the damage.
A clear explanation of these points allows the court to understand the circumstances in full and assess the case on a fair and accurate basis.
If you are concerned about how many points you may receive or if the incident may lead to a more serious driving offence, contact JMW’s failure to stop solicitors as soon as possible by calling 0345 872 6666 or filling in our contact form. These consequences can be more detrimental to those who are regulated by bodies such as the General Medical Council or the Solicitors Regulation Authority. If you fall into this category, we highly recommend you speak with a solicitor in our specialist motoring team and a solicitor within our regulatory team at the first opportunity.