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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71133
Experience:  Over 5 years in practice
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My car was parked in Edinburgh Airport short stay car park.

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My car was parked in Edinburgh Airport short stay car park. An out of date tax disc was showing. When I flew back into Edinburgh, there was a Police Service of Scotland ticket on it for £100 stating an offence of 'The vehicle was on a road whilst a current Excise Licence was not displayed (Section 33(1) of the Vehicle Excise and Registration Act 1994). Does being parked in this car park constitute being on a road?

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

When had the tax expired please?
Customer: replied 3 years ago.

30th April and I arrived back last night. I had not received a reminder.


The short answer is that it depends who maintains the roads. Car parks can be public roads. Some car parks are manintained by the local council and so are public roads.

If this is privately owned then you could argue its not a 'road'. It is plainly public place so drink driving would still include it but this legislation does seem to demand a 'public road' rather than just a public place.

Roads around air ports though are usually governed by bye laws and so would amount to public roads.

It might be worth checking the ownership of the location but I would expect the answer to be unfavourable I'm afraid.

Can I clarify anything for you?

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