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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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does rt 88575 driving without due care apply on a private car

Resolved Question:

does rt 88575 driving without due care apply on a private car park on private land that is not a public highway
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Could you explain your situation a bit more please?
Customer: replied 3 years ago.

my son was reversing in a public pay and display car park at 11.30 last night with no members of public around and no other vehicles when a police drove in to the car park and said he was reversing without due care and could have hit a member of the public even though it was 11.30 at night and there was no one around and it is not a public highway.

Expert:  Jo C. replied 3 years ago.
No, but it is a public place.

Were there any barriers in place? I presume not since he was driving there.
Customer: replied 3 years ago.

it is a public pay and display car park and there are no barriers there the land has just recently been sold to tescos to build a new supermarket but can still be used untill in the new year as a pay and display

Expert:  Jo C. replied 3 years ago.
Thanks. That is all I need to know.

I'm afraid its bad news.

You will find the offence here

http://www.legislation.gov.uk/ukpga/1988/52/section/3

and it refers to road or any other public place. While this location is not a road it is a public place I'm afraid. There is case law upon this type of thing and it literally has to be closed to the public to be considered private.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo
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