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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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Basically. I threatened verbally the static caravan park manager

Customer Question

Basically. I threatened verbally the static caravan park manager who had just nearly ran my children over on a private park. Neither of us were on the park at the time. i have since been asked to leave the park by the police!
Does the park manager have the right to do this?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, I'm afraid so.
A private park is private premises and a person can be asked to leave at any time.
If he is a manager than he is acting as the agent of the land owner so does have power to do this.
The police also can move people on to prevent further offences from any location.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

But if i have not broken any park rules as i was not on the park. the land is owned by the national trust and a private company lease the land.

If i have not broken the park rules can they take any further action.

Expert:  Jo C. replied 1 year ago.
Yes, they can ask you to leave for any reason unless it offends against the equal opps legislation.
If you made verbal threats then you have committed offences. The police are clearly not going to prosecute but if you have committed offences then there will be a park rule that has been breached.
Customer: replied 1 year ago.

The police are happy that I have not committed an offence.

But how does it have anything to do with the park as the manager nor myself we on the park.

Expert:  Jo C. replied 1 year ago.
They are not happy you haven't committed an offence. They are just choosing not to prosecute it. On your own account you have committed an offence.
I think that he is probably saying that since you verbally threatened the manager he would prefer not to have you on the park
Customer: replied 1 year ago.

But you are not answering the point that I was not on the park!

How can rules apply outside the park. There was no offence committed on or off the park

Expert:  Jo C. replied 1 year ago.
It doesn't matter whether you are in the park or not.
Whether there was an offence committed within the park or not doesn't make any difference. If you threatened him outside then he might legitimately say that he doesn't want you to come inside.
The location is a non issue.
Much the same as Tescos for instance. If you went into the store and made threats they could ask you to leave and if you made threats upon the approaches they could refuse you entry.
Customer: replied 1 year ago.

The park rules state that an action has to happen on the park for there to be any option for them to action any breach of contract.

For instance can they make us sell our caravan

Expert:  Jo C. replied 1 year ago.
If you lease a space then the long term rules are slightly different as you are there by contract not by right of general invitation to the public. It depends what the contract says.
There is likely to be small print covering criminal offences.
If it is just a verbal threat on one occasion then it may not offend. It depends on the level of the threat. If is just shouting the odds then probably not. If it something like a threat to kill in earnest then clearly it would.
The issue here though is that the police just asked you to go to prevent further incident. The park haven't tried to action breach of contract.
Customer: replied 1 year ago.

The police asked me to leave as I could be arrested for breach of the peace if I did not. The fact that the park manager drove his 4x4 across the grass between the caravans at 7pm in the dark at an 8 and 9 yr old in which they thought that some body was trying to take them was my reason for giving him a mouth full.

Expert:  Jo C. replied 1 year ago.
Yes, unfortunately that is an offence. It was quite likely the police didn't act.
Customer: replied 1 year ago.

Yes, unfortunately that is an offence. It was quite likely the police didn't act.???????????

Him chasing my kids! Is that an offence? Or me not leaving

Expert:  Jo C. replied 1 year ago.
You making verbal threats.
S5 public order. S4 public order.
Depends on what you said. You said above you made verbal threats which would be S4 if not S3.
I'm happy to continue with this but please rate my answer.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I just tried to rate but got taken away from the page, I will rate at the end with tip.

So the manager chasing kids in the dark off road in a 4x4 is not an offence but me giving him a mouthful over my kids near deaf experience is OK

Expert:  Jo C. replied 1 year ago.
If we are honest with each other, it is not very likely that he was actually chasing them.
He is free to drive off road on private land.
You could argue this it is a public place, if not a public road, so offences like driving without due care would apply if it is otherwise made out.
However, making verbal threats is still an offence.
Customer: replied 1 year ago.

I agree on the private land part, but my point is that it is not normal to drive on the grass or chase kids in the dark when they are playing on a area that kids play football on etc. He was chasing them, he came down through some bushes he could have ran them over! is this not intent to endanger life?

Expert:  Jo C. replied 1 year ago.
No.
It is driving without due care and attention maybe.
Customer: replied 1 year ago.

Driving without due care and attention, would not apply as it is private land. The law is very strange as I can say words which he deserved but he can attempt to run kids over and that's OK

Expert:  Jo C. replied 1 year ago.
I covered private land above?
It could be argued that it was still a public place so it would apply.
If it isn't a public place then it does not.
Customer: replied 1 year ago.

Would he not be guilty of Affray

Expert:  Jo C. replied 1 year ago.
No.
Affray isn't committed in this way.
It is a traffic offence or nothing I'm afraid.
Customer: replied 1 year ago.

Chasing someone with a vehicle must come under something apart from the road traffic act. If I chased someone with a lawnmower for example there would be an offence surely

Expert:  Jo C. replied 1 year ago.
I suppose actually trying to drive at somebody would amount to an attempted assault if it could be shown it was deliberate.
I really wouldn't pursuing this though. He is not going to be prosecuted for this and you could well if sleeping dogs are not left.
It is not going to be accepted that he was chasing them I'm afraid.