Police in car parks - any powers? Watch

OBScene
Badges: 0
Rep:
?
#1
Report Thread starter 12 years ago
#1
Hi, I have a question.

I often finish work late (after midnight), behind our work is a huge car park with nothing else around it for a couple of miles, so after work we often race each other around, skid etc. Anyway, last night, around 3am, we were messing around and I did a wheelspin, turned the corner and there was a police car there! I was going at a reasonable speed but on the left side of the road, the police car was in the middle of the road forcing me to do an emergency stop to avoid me missing it. The 2 police came out and started having a go at me. I told them that it was a private place owned by my company, with no chance of noise pollution, so I had every right to drive however I liked.

The police said that the Road Traffic Act applied even in car parks, which I'm sure isn't right! Anyway, they tried to find something unroadworthy on my car but couldn't cause I check it really carefully every week, then asked me if I'd been drinking (of course not), then let me go. They didn't give me any tickets etc so I guess they knew they were in the wrong and were just trying to scare me - police in Oxford are well know for being corrupt as hell and using lying and bullying to get their way. That said, I don't want them to check back next week and lose my license. Stupid police, picking on drivers all the time!

Oh, and I never do skids etc on normal roads, the reason why I do them in the car park is because it is deserted and so totally safe, and I'd always figured legal too.
0
quote
reply
pghstochaj
Badges: 11
Rep:
?
#2
Report 12 years ago
#2
General rule is that any area accessible to the public and marked out with lane markings etc. comes under "highway", public owned or otherwise. Hence most car parks and toll roads etc.. I am not sure if another law covers areas that aren't like that but I expect anything to endanger others would be, also your employer might not be happy to know it is happening.
0
quote
reply
mark1010
Badges: 0
#3
Report 12 years ago
#3
(Original post by OBScene)
Hi, I have a question.

I often finish work late (after midnight), behind our work is a huge car park with nothing else around it for a couple of miles, so after work we often race each other around, skid etc. Anyway, last night, around 3am, we were messing around and I did a wheelspin, turned the corner and there was a police car there! I was going at a reasonable speed but on the left side of the road, the police car was in the middle of the road forcing me to do an emergency stop to avoid me missing it. The 2 police came out and started having a go at me. I told them that it was a private place owned by my company, with no chance of noise pollution, so I had every right to drive however I liked.

The police said that the Road Traffic Act applied even in car parks, which I'm sure isn't right! Anyway, they tried to find something unroadworthy on my car but couldn't cause I check it really carefully every week, then asked me if I'd been drinking (of course not), then let me go. They didn't give me any tickets etc so I guess they knew they were in the wrong and were just trying to scare me - police in Oxford are well know for being corrupt as hell and using lying and bullying to get their way. That said, I don't want them to check back next week and lose my license. Stupid police, picking on drivers all the time!

Oh, and I never do skids etc on normal roads, the reason why I do them in the car park is because it is deserted and so totally safe, and I'd always figured legal too.
They probably can. I base that on watching traffic cops when they arrested someone for drink driving on a private road.

Mark
0
quote
reply
ssmoose
Badges: 12
Rep:
?
#4
Report 12 years ago
#4
Popa Dom on this site is famed for being caught having a whizz in a car park.
0
quote
reply
20083
Badges: 0
Rep:
?
#5
Report 12 years ago
#5
(Original post by OBScene)
Oh, and I never do skids etc on normal roads, the reason why I do them in the car park is because it is deserted and so totally safe, and I'd always figured legal too.
Until a kid decides to take a shortcut through that car park.
0
quote
reply
pghstochaj
Badges: 11
Rep:
?
#6
Report 12 years ago
#6
A kid walking through a private carpark at 3am probably has more things to worry about that somebody doing a few wheel spins.
0
quote
reply
mark1010
Badges: 0
#7
Report 12 years ago
#7
"Finally, cruisers should be reminded that retail car parks are classed as roads for the purposes of the Road Traffic Act and this means that instances of Careless or Dangerous driving can and will be reported."

Thats from the West Lothian police.

Mark
0
quote
reply
addagrrr8
Badges: 1
Rep:
?
#8
Report 12 years ago
#8
yeah but cruisers use public car parks!!

next time get a letter from management at work saying you are permitted to be on this property and nobody else is!!! police will need a warrent then to go on the PRIVATE car park lol

They tried it on us at work once before (tesco when they were shut) they didn't have a leg to stand on and we told them to get off the property...... they went with there tails between there legs lol
0
quote
reply
pghstochaj
Badges: 11
Rep:
?
#9
Report 12 years ago
#9
Not true, police don't need a warrant when:

Can the police search my home?

· The police usually need a warrant to search your home or any premises but can do this without a warrant to : -
lawfully arrest someone;
search the premises of someone already arrested;
prevent serious personal injury or property damage;
deal with a breach of the peace.
search any premises where there is reason to believe a terrorist may be found.
Hence it could be to prevent property damage or personal injury etc. etc.
0
quote
reply
gbduo
Badges: 15
Rep:
?
#10
Report 12 years ago
#10
Thats ALOT of paperwork, chances are if you put up a fight and show that it will be hard work for the police to get a conviction they will bugger of and try and find an easier catch...on the motorway at 3am in the morning, for example!

Come on guys, think realistically! What would you rather do, argue with some guys on private land or catch a driver doing 110mph on the motorway and get him/her chucked of the road, despite it probably being perfectly safe. Traffic cops are no doubtedly going to go for the latter as its easier to prosecute and to prove!

Graham
0
quote
reply
OBScene
Badges: 0
Rep:
?
#11
Report Thread starter 12 years ago
#11
(Original post by Nessyfencer)
Until a kid decides to take a shortcut through that car park.
The car park in question is in the middle of nowhere - cutting through it would get you from a field to a piece of wasteland. Plus, normally after closing the gates are locked, only we had them open because one of us had left early and we hadn't bothered to close them.

The management mess around too (one has a 295bhp BMW... damn nice wheels!) and one of them, Daz, was all for chucking them off for unlawfully entering our property but you know what police are like - if you annoy them they'll try their best to find a tiny fault with one of your cars and it isn't worth the risk.

I just feel they might make better use of their time catching criminals (believe me, there's enough around where I work) rather than wasting their time with us. I've been stopped three times in the past 4 months by police, every single time to "check my license", as have most of my colleagues. They victimise us just because we work damn hard and have the money to buy nice cars and are young, so must be wrong. If they were catching thiefs, benefit cheats etc too at the same time then they might command some respect but they just pick on us because we're an easy target.
0
quote
reply
Lady_Muck
Badges: 12
Rep:
?
#12
Report 12 years ago
#12
If the police said it, it's probably true.....If not, they'll arrest you anyway.
0
quote
reply
OBScene
Badges: 0
Rep:
?
#13
Report Thread starter 12 years ago
#13
(Original post by Lady_Muck)
If the police said it, it's probably true.....If not, they'll arrest you anyway.
No, wrongful arrest is a serious thing, police have to be sure they're in the right arresting you before they do. Police talking tough is another thing - if you reported the lies they tell you they'd all deny it and so you'd be screwed. They know they can get away with it.
0
quote
reply
mark1010
Badges: 0
#14
Report 12 years ago
#14
Whilst it might seem like a good idea telling the police their jobs (how would you feel if someone who had no real idea what they are talking about told you how to do yours?), perhaps you should seek legal advice on the matter as opposed to asking on a forum?? They may not normally do something due to paperwork etc, but if you wind them up, the paperwork could well suddenly become worth it....

On a seperate note, how do insurance companies view messing around and racing on private land???
0
quote
reply
Ethereal
Badges: 19
Rep:
?
#15
Report 12 years ago
#15
A private car park is not a road.

http://www.publications.parliament.u...2/clarke01.htm
0
quote
reply
mark1010
Badges: 0
#16
Report 12 years ago
#16
(Original post by Ethereal)
A private car park is not a road.

http://www.publications.parliament.u...2/clarke01.htm
But near the start it says

"That court held that since there was through traffic, even if there was only unrestricted pedestrian traffic, the car park could be regarded as a road"
0
quote
reply
Ethereal
Badges: 19
Rep:
?
#17
Report 12 years ago
#17
(Original post by mark1010)
But near the start it says

"That court held that since there was through traffic, even if there was only unrestricted pedestrian traffic, the car park could be regarded as a road"

Read the finding at the end.
0
quote
reply
pghstochaj
Badges: 11
Rep:
?
#18
Report 12 years ago
#18
(Original post by Ethereal)
A private car park is not a road.

http://www.publications.parliament.u...2/clarke01.htm
I am not a lawyer or anything but I don't see how the finding at the end of that helps at all in this situation. As I have already stated, any area accessible to the public and marked out with some forms of road markings is typically considered to be part of the public highways. It is for this reason that private toll roads and supermarket car parks (for example) are covered as such.
0
quote
reply
Ethereal
Badges: 19
Rep:
?
#19
Report 12 years ago
#19
(Original post by pghstochaj)
I am not a lawyer or anything but I don't see how the finding at the end of that helps at all in this situation. As I have already stated, any area accessible to the public and marked out with some forms of road markings is typically considered to be part of the public highways. It is for this reason that private toll roads and supermarket car parks (for example) are covered as such.

The finding at the end states they are not. Where the primary purpose is to be a car park, they are not roads.
0
quote
reply
pghstochaj
Badges: 11
Rep:
?
#20
Report 12 years ago
#20
Where? Apart from the questioning of why "and parking place" is added elsewhere, I don't see it. I do see the need for clarification for the road traffic act. I am not claimging that a carpark is a road, i am saying that they are part of the public highways and thus covered by the road traffic act.

The word "road" is plainly intended to cover all kinds of roads. It embraces not only highways but "any other" roads. So a considerable breadth of meaning is available, provided that the place still qualifies as a "road." But it is argued that a greater breadth should be allowed by way of a purposive construction. If that approach is to be adopted the first step must be to identify the purpose of the legislation. The purpose of the Act of 1988 is stated as a consolidating Act so that little assistance is obtained from the title. Certainly the purpose is to achieve some greater public protection. That was recognised in Harrison v. Hill [1932] J.C. 13 in relation to the construction of the words "to which the public has access" in the Road Traffic Act 1930. But in the present context a more precise definition of the purpose is required.
Hence why car parks marked out as roads such as most supermarket carparks are considered to be covered by the road traffic act.
0
quote
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Were you ever put in isolation at school?

Yes (280)
27.56%
No (736)
72.44%

Watched Threads

View All