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 Post subject: Supermarket car parks.
PostPosted: Tue Jun 09, 2009 23:25 
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Was in a sainsburies car park earlier today and was just driving out of it, howevwer it had rather confusing markings on the road and I accidently ended up going the wrong way and about to go out the in lane, so I quickly turned right down a row of cars in the car park.

Was just wondering if you can get pulled for making a mistake like that. I assume you could on a one way street in the general roads, but what about a sainsburies car park?

Rather annoying since the directionals were confusing and I didnt see a no left turn when I turned into the wrong direction.

-Thanks


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PostPosted: Wed Jun 10, 2009 06:28 
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Er, no.

I think the worst that could happen is that you're asked not to come back.


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PostPosted: Wed Jun 10, 2009 06:43 
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[quote="weepej"I think the worst that could happen is that you're asked not to come back.[/quote]

I dont think that you are right, Weep. There are certainly cases of people being done for drink-driving on car parks.

This http://www.clearanswers.co.uk/what-we-do/what-we-do-index.htm ,despite being from an ambulance chasing solicitor, may well be accurate

Quote:
Car parks which are used by the general public, such as those servicing supermarkets, shopping centres, retail parks, and other leisure or retail facilities, are governed by the normal laws which apply to road usage across the UK. This applies even if the car park itself is on private property and managed by the owner or the operator of the store or facility

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PostPosted: Wed Jun 10, 2009 08:41 
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I doubt that you would be prosecuted for a minor infringement such as that. The law, car-parks, is generally used only for serious traffic offences, such as no insurance or drink/drug driving. Although if you actually hit someone you would be in trouble....

Manchester Evening News

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PostPosted: Wed Jun 10, 2009 09:03 
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Apart from the fact that i would assume that no signage is actually compliant and is not enforcing any traffic order, there is a line to draw between a "place open to the public" and "a road"

Some laws are enforcable in both but some are not. I would reckon this is one of the unenforcable ones.

There is also the complication of liability should an accident occur i.e. If a driver was to cut through a marked give way junction and collide with your car would you have a claim? He could try to use the defence that since it is not a "real" give way then he is only as culpable as you for not giving way to him!


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PostPosted: Wed Jun 10, 2009 11:56 
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It is of paramount importance when reversing that each driver is fully aware of their surroundings. The other driver may have checked behind them and seen that their way back was clear and started moving and then the other driver reversed in to their path. They may not have been able to see that there was a car moving when they too started moving.
While I agree that "common sense" would indicate that liability would lie more with the other driver, liability decisions are not based on some random sense of "justice," they are simply based on what could be proven if the case went to court. And no insurance company is going to hire solicitors and possibly barristers to fight over a few hundred pounds worth of damage from a claim which when it gets to litigation will be split liability anyway.

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The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


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PostPosted: Wed Jun 10, 2009 20:38 
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The definition used by courts to define a public place for motoring law purposes is "a place to which the public had access at the relevant time, whether on payment of a fee or otherwise". Slightly different wording can be found from time to time but the basic meaning stays the same.

That means that a supermarket car park is definitely a public place when the shop is open to customers, so the usual road rules apply ie tax, insurance, MOT, licence, driver to be sober, vehicle in good condition etc ect. The matter of the signage is different as most signs will not have force of law. What tends to happen in cases involving a driver who ignores a sign, is that they are treated in the same way as cases involving advisory signs such as the rectangular speed limit signs often seen on tightly curved slip roads. I have never heard of anybody being prosecuted for exceeding an advisory speed limit but we do deal with cases involving collisions. The prosecution put forward the facts including the presence of the sign and it is up to the driver to show, on balance of probabilities, that ignoring the sign did not lead to the accident.

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PostPosted: Fri Jun 12, 2009 20:55 
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Fisherman wrote "The prosecution put forward the facts including the presence of the sign and it is up to the driver to show, on balance of probabilities, that ignoring the sign did not lead to the accident." Surely in the magistrates court the burden of proof is the criminal standard beyond all reasonable doubt not on the balance of probabilities.


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PostPosted: Sat Jun 13, 2009 19:05 
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For the prosecution, yes. For defendants, no.

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