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using mobile phone, in a underground car park
PXOX
post Thu, 18 Apr 2019 - 17:01
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Hello everybody I’m new over here and wanted help with a big problem.

So I was in a private underground car park which only lets you in if your car is registered with the security team and is run by those cameras which read your number plate before the barrier opens.
As I was leaving the car park, I reversed my car a little and noticed that another car was reversing very slowly so I stopped my car. At the same time, a call came through to my phone – as my car was stopped I just picked up the phone to see who was calling and then dropped it. I thought “no harm done” – turns out I was wrong.

A minute later I find someone angry filming me on their phone, pointing at the CCTV camera in the cark park and telling me that they are going to report me to the police. The other driver also looked annoyed at me which is fair enough as I probably held him up a little with the confusion of who is going to give way to who. I was so scared so didn’t open my car and waited for the man to go who went to knock on the security booth window and was pointing at the cctv and at me as he was talking to them.

The welcome message said to search the forum before asking a new question which I have done for different things but I was still confused. I read about similar things like mine on the site, but the location was supermarket car parks / roads which lead to private land, but the replies seem to be around if the supermarket is private / is the road private if anyway can drive on it or not and things like what is actually meant by using a phone and scariest of all, they mention court as well which I am terrified of.

I have questions which are below:

..how long am I likely to wait for something from the police about this.
I don’t know how the police prioritise their work when they get sent footage like this – (I hope it is quick). Will I also get in trouble for other things too like dangerous driving etc.


..A few of the other replies in other posts say I could be waiting 14 days which I could just about deal with but then other people are saying 6 months (which seems way too long) and is stressing me out.


..I thought it was ok to use my phone if it’s a private car park? Am I right or am I wrong?



Please help me and thank you sad.gif
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post Thu, 18 Apr 2019 - 17:01
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The Rookie
post Thu, 18 Apr 2019 - 17:17
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Chances of anything happening, very very slim, the Police don’t even stop phone users they see driving.

If it’s in a place not accessible to the public it’s not an offence to use your phone anyway and the Police are very unlikely to be bothered to try and be sure it was accessible to the public.

That said you can’t be sure you are safe for about 5 1/2 months, at which point they could question you to ascertain who was driving and commence court proceedings (beyond vanishingly unlikely!).

This post has been edited by The Rookie: Thu, 18 Apr 2019 - 17:18


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localdriver
post Thu, 18 Apr 2019 - 21:24
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QUOTE (PXOX @ Thu, 18 Apr 2019 - 18:01) *
I thought it was ok to use my phone if it’s a private car park? Am I right or am I wrong?


The offence is only committed 'on a road' - regulation 110, The Motor Vehicles (Construction and Use) Regulations 1968. A car park is not a road - Clarke v Kato, House of Lords 1998.

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Redivi
post Sat, 20 Apr 2019 - 12:58
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For the purposes of some legislation, the carriageways of a car park are treated as a road
For example, the regular threads concerning car park "touches" when a NIP is received for careless driving and failure to report an accident

That's not going to apply to using a phone in a barrier-controlled car park that isn't accessible to the public

This post has been edited by Redivi: Sat, 20 Apr 2019 - 12:59
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666
post Sat, 20 Apr 2019 - 16:38
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QUOTE (Redivi @ Sat, 20 Apr 2019 - 13:58) *
For the purposes of some legislation, the carriageways of a car park are treated as a road
For example, the regular threads concerning car park "touches" when a NIP is received for careless driving and failure to report an accident

That is not correct. Both careless driving and failure to report specifically apply "on a road or other public place". That does NOT mean that the aisles in a car park are regarded as a road.
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southpaw82
post Sat, 20 Apr 2019 - 17:59
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QUOTE (666 @ Sat, 20 Apr 2019 - 17:38) *
That does NOT mean that the aisles in a car park are regarded as a road.

Though they can be.


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