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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi... Is a multi storey car park with a barrier entry, requiring

Resolved Question:

Hi... Is a multi storey car park with a barrier entry, requiring payment for access, and designated as 'private property' within it's terms of use a 'public space' in relation to road traffic legislation?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

Could you explain the situation a little more?

Customer:

Hi Alex,

Alex Watts :

Hello

Customer:

I went out drinking on Tuesday night with some colleagues & left my vehicle in Leeds Station car-park (operated by Acpoa)... Then later returned to my car to pick up mh car keys & bag to take a taxi home. Apparently I passed out because I was later woken by the police & arrested and charged later with DIC. I plan to defend the case anyway as i had no intention of driving but wondered about the technicality of a public space vs a pay & display car-park

Alex Watts :

Ah yes.

Alex Watts :

It is a public space.

Alex Watts :

This is because if it is an area that the public has access to, even if its private its a public space

Alex Watts :

If it had been a private grounds which excludes members of the public (ie say a stately home) then it would not be a public place

Alex Watts :

But somewhere where the public have access freely is a public space

Alex Watts :

I am sorry

Customer:

OK... Has this been proven by case law? Because I'd suggest that the public could be restricted from this space should the operator choose?

Alex Watts :

Sadly yes, there is case law against you on this.

Alex Watts :

If you look in Wilkinsons on Road traffic offences, it is in there

Alex Watts :

This is the practice textbook

Customer:

OK thanks for the advice I will take a look

Alex Watts :

I am sorry its not the answer you want and its certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Ash and 3 other Law Specialists are ready to help you