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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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my daughter is getting her car tomorrow and has her insurance

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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
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
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?
Customer: replied 3 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

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.
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