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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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Can someone keep a space in a railway car park until the partner

Resolved Question:

Can someone keep a space in a railway car park until the partner arrives
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.
Being prosecuted for driving into a space and then seeing someone there indicating she was keeping space for husband. Being prosecuted for "inconsiderate driving" This is separate issue and will be decided in court. Can someone legally keep this space on the assumption that the driver(myself" entered the space with all due care.
Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean by 'keeping' a space?
Customer: replied 3 years ago.
The lady was at the far end of the space hidden by cars on either side until I entered the space. The woman was visually indicating that I should not continue to enter. I advanced slowly indicating(the window was closed) that you cannot keep a space. There was no sign of her husband. He only drove up after I had closed the car door and was walking away. The only words spoken are by him as I was walking away. He said "well thanks for that" the incident then ended.
Expert:  Jo C. replied 3 years ago.
So she was standing outside of a car?

And the allegation is that you drove into her or at her?
Customer: replied 3 years ago.
She was not in possession of a car she was waiting for her husband to arrive. I drove into the space very slowly"automatic gearbox" have a witness. Am representing myself but need to know the legality of her claiming the right to keep a space for someone who at that time was not even there.
Expert:  Jo C. replied 3 years ago.
Thanks.

If she was a pedestrian then she is free to stand anywhere she likes and its for the motorist to avoid her.

You could argue that she has no right to claim a parking space obviously as indeed neither does anybody else. Its a free country and nobody can claim a space. I suppose you could argue that standing there amounts to an obstructing of the highway but its not a good point.

Come what may, if she was a pedestrian then its for the motorist to avoid her. If the allegation is that you drove towards her or struck her then it really doesn't matter whether she was causing an obstruction or not I'm afraid.

I'm very sorry but I have to give you truthful information

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
"Happy" with your answer. Last question....she was at the furthest end of the space. I drove in her direction but at no point was she in the way of where I finally parked the car. Thank you for your help.
Expert:  Jo C. replied 3 years ago.
That is a better point.

So, in effect, you refused to accept that she was guarding a space for her husband which might be described as a bit aggressive but its not really careless driving unless she is going to allege that you actually drove at her.
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