A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a ‘public place’. It is not sufficient to say that the public could have access if they were so inclined.
Citations:
Times 24-May-1999, [1999] EWCA Crim 808, [1999] RTR 353
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – May v Director of Public Prosecutions Admn 15-Apr-2005
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3.
Held: The appeal failed.
Laws LJ set out the following propositions as accurately summarising the relevant legal principles:
a. . .
Cited – Richardson v Director of Public Prosecutions Admn 28-Feb-2019
Private Car park was not a public plae.
The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses.
Held: The appeal succeeded. The phrase public phrase had to be . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 14 June 2022; Ref: scu.85567
