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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70007
Experience:  Over 5 years in practice
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my daughter is getting her car tomorrow and has her insurance

Resolved Question:

my daughter is getting her car tomorrow and has her insurance all sorted, she was with her boyfriend this evening in a private carpark reversing in his car and the police caught them, they have now been told to both produce documents and both may get 6 points, both new drivers, he thought private rd meant not illegal, also the police man called them dick heads, is this against the law
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
This is contrary to S143[1] which you will find here
http://www.legislation.gov.uk/ukpga/1988/52/section/143
and it covers not just roads but 'other public place'. A car park is almost certainly a public place. It does depend on the time and whether the boundaries were down or up but since they could enter and I presume leave I imagine that the restraints must have been up.
You could contest this and put them to proof over whether this is a public place or not. In truth, it depends on the facts of the case but it would be irresponsible of me to tell you there is a strong chance. Generally speaking if a member of the public can enter and leave a car park without any special licence to be there then the location is a public place.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

its an office car park only used during the day. also is it ok for the police officer to call them dick heads

Expert:  Jo C. replied 2 years ago.
If the boundaries were up then it is likely to be a public place.
In relation to officers, it doesn't provide a defence. Officers are rude sometimes. It isn't best practice really but it doesn't make any difference to the substantive allegation.
Jo C., Barrister
Category: Law
Satisfied Customers: 70007
Experience: Over 5 years in practice
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