private land and the police?
Discussion
A friend of mine and his mate were on some iced over private land the other evening. They were "learning to control the car on ice" (
) however someone phoned the police who have now said that each of them has to pay a £300 fine - £250 of that being a callout fee and £50 for the driving.
Just wondering what the legalities of this are seeing as it was on private land and whether the "learning to control the car" thing will work
The police never actually saw them doing anything as they were just leaving the area when they turned up.
) however someone phoned the police who have now said that each of them has to pay a £300 fine - £250 of that being a callout fee and £50 for the driving. Just wondering what the legalities of this are seeing as it was on private land and whether the "learning to control the car" thing will work
The police never actually saw them doing anything as they were just leaving the area when they turned up.Strange thing that call-out fee / fine, as for the driving I think it depends on whether the public has regular access, like a car park or driveway into a supermarket, where BiB can enforce elements of the RTA. If it was totally private land can't see what interest the BiB would have unless the land owner made a complaint - was it them?
Lot depends if land was private or public. Could be at that time of night after SM closed and public no longer admitted could be private and maybe Plod warned regarding S59 Police Reform Act 2002 - using motor vehicle in a manner likely to cause alarm,.distress or annoyance (complaint mentioned)when driver would be warned if caught again vehicle confiscated and heafty fee payable for recovery from police pound.
dvd
dvd
anonymous said:
[redacted]
Lois, need more info on this! There is no such thing as a call-out fee. You also said the Police didn't witness anything. From what I can gather, it was in store car park. Is that right? Still public place if access is there - regardless of time of day. In the absence of other info, it's a LOB!!
AL666 said:
I was under the impression that in a Supermarket car park the rules basically didn't apply for driving as it's private property, which is why parents take their kids there to learn to drive without having insurance... :S
From memory the Road Traffic Act applies to public roads and to "areas normally accessible to the public" ie shop car parks, driveways etc.
Not sure about the call out charge bit though.
Chris D said:
Lois, need more info on this! There is no such thing as a call-out fee. You also said the Police didn't witness anything. From what I can gather, it was in store car park. Is that right? Still public place if access is there - regardless of time of day. In the absence of other info, it's a LOB!!
Yes it was a store car park. Someone said it was on CCTV however I am unsure of whether the cameras reach to that part of the car park. He also mentioned the police coming tomorrow evening to take statements.
Now let me recap!
A car park with public access which was not owned by either of you.
Late at Night.
Driving in a manner only normally seen at max power cruises
I can see the point of being pee'd off being caught with your pants down so to speak but were you that surprised to have your wrists slapped?
A car park with public access which was not owned by either of you.
Late at Night.
Driving in a manner only normally seen at max power cruises
I can see the point of being pee'd off being caught with your pants down so to speak but were you that surprised to have your wrists slapped?
wolf1 said:
Now let me recap!
A car park with public access which was not owned by either of you.
Late at Night.
Driving in a manner only normally seen at max power cruises
I can see the point of being pee'd off being caught with your pants down so to speak but were you that surprised to have your wrists slapped?
lol it wasn't me
Why not! I race supermoto but never ride it anywhere other than on a track. Even to the point of hiring a venue mid week to be able to do this.
If the land is a public accessed car park then the driver knows the risk they are taking and must accept the slapped wrist once handed out. I would call it a character building exercise and notch it up to a lesson learned in wrong place wrong time.
If the land is a public accessed car park then the driver knows the risk they are taking and must accept the slapped wrist once handed out. I would call it a character building exercise and notch it up to a lesson learned in wrong place wrong time.
Most Road Traffic offences in relation to driving can be committed in public places as well as roads. There is a lot of case law surrounding what a puiblic place is. Car parks at night belonging to retial parks and privately owned come within the remit of public places.
That covers offences like dangerous and Careless/Inconsiderate driving and drink driving. It also covers Section 59 offences when the vehicle is used in an antisocial manner.
>> Edited by gone on Monday 6th March 00:10
That covers offences like dangerous and Careless/Inconsiderate driving and drink driving. It also covers Section 59 offences when the vehicle is used in an antisocial manner.
>> Edited by gone on Monday 6th March 00:10
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff