Liability in a retail park car park - ?

[simongt]

I was in a local retial park today and was walking along one of the slightly raised pathways intended as a 'safe' area for folk negotiating said retal park on foot.
normally, there's no issue with car giving way to pedestrians where the pathway interesects the roadway part and drivers invariably give way to the pedestrians.
However, today one twat in a poncy SUV decided he had priority even though I was already on the crossover part.
I made my displeasure known with a suitable hand gesture and the driver simply waved his right hand which was clutching a cellphone in a 'okay peasant' type acknowledgement.
Two things occurred to me -
What are the legal obligations of driver & pedestrian in what is effectively private property - ?
What are the legal ramifications in the event of a collision - ?

 

[Drago]

Public and private take on a different meaning to mere ownership under the road traffic act. This is not appreciated by most, who think being privately owned makes it "private". It doesnt.

If its accessible to the public, by payment or otherwise, it is a "public place" for the purposes of the road traffic act, regardless of who owns it. All the rules and conventions of a regular road apply.

In the event of a collision it would be treated exactly the same as if it happened on a road owned by the local authority. Dangerous driving, drink drive limits, the need for MOT and unsurance, etc, all apply.

The only real difference is speed limits are not enforceable and car tax doesnt apply, but thats it.

 

[glasgowcyclist]

It's still a road for the purposes of the Road Traffic Act.

 

[Dogtrousers]

I saw an amusing episode of one of those awful police fly on the wall programs*.

Copper had pulled an obviously pissed driver as they were about to leave a car park. Pissed driver was gleefully declaring - "You can't touch me ossifer, this is not the Queen's highway". Wrong.

*Hey, don't judge me. At least I don't watch Strictly Come Dancing.

 

[Drago]

Copper had pulled an obviously pissed driver as they were about to leave a car park. Pissed driver was gleefully declaring - "You can't touch me ossifer, this is not the Queen's highway". Wrong.

Billing Aggrodrome used to be my beat and Imwas forever hearing the same as I slapped the handcuffs on.

Not only did the law and the magistrates disagree, but the bloody great signs dotted about the roads on the park kind of undermined that feeble defence.

 

[midlife]

Public and private take on a different meaning to mere ownership under the road traffic act. This is not appreciated by most, who think being privately owned makes it "private". It doesnt.

If its accessible to the public, by payment or otherwise, it is a "public place" for the purposes of the road traffic act, regardless of who owns it. All the rules and conventions of a regular road apply.

In the event of a collision it would be treated exactly the same as if it happened on a road owned by the local authority. Dangerous driving, drink drive limits, the need for MOT and unsurance, etc, all apply.

The only real difference is speed limits are not enforceable and car tax doesnt apply, but thats it.

I thought a car had to have VED and insurance unless it was SORN ? even in a retailers car park.

 

[Drago]

I thought a car had to have VED and insurance unless it was SORN ? even in a retailers car park.

Very true, although that's for the DVLA to worry about. As far as liability and the like goes, the tax malarkey isnt applicable for our supermarket car park scenario.

 

[Dave7]

My wife had a bump in the hospital car park when a car reversed into her. The driver drove off but she got the plate and reported it to the police......they told her they cant do anything as it was on private property.

 

[Drago]

they told her they cant do anything as it was on private property.

Thats a cuff. They were fobbing her off.

Under the Road Traffic Act 1988, a "road or other public place" is the legal threshold for enforcing critical driving laws. This includes careless driving, drink/drug driving, and driving without insurance.

Key Definitions.

Road: Defined as any highway and any other road to which the public has access.

Public Place: This is determined by public access rather than land ownership. Even private property, such as a supermarket car park, is deemed a public place if the public is allowed to drive or walk onto it.

 

[Arjimlad]

I once mitigated in the Magistrates' Court for a young driver who had "unwittingly" hit a stationary vehicle in a supermarket car park & driven off without reporting it to the police within 24? hours. Guilty plea & modest punishment.

 

[midlandsgrimpeur]

Billing Aggrodrome used to be my beat and Imwas forever hearing the same as I slapped the handcuffs on.

Not only did the law and the magistrates disagree, but the bloody great signs dotted about the roads on the park kind of undermined that feeble defence.

I wonder if this 'driver' used the same defence?


View: https://youtu.be/BEFjrGdEAYQ?si=YLgY5VaLrw56aWsN

 

[glasgowcyclist]

I wonder if this 'driver' used the same defence?


View: https://youtu.be/BEFjrGdEAYQ?si=YLgY5VaLrw56aWsN

I would not have remained in that position to film that!

 

[midlandsgrimpeur]

I would not have remained in that position to film that!

If I remember correctly (as this was a filmed a few years back), the guy filming it said it was a middle aged bloke, no sign at all they were drunk or intoxicated in anyway. Can only assume they were not in possession of an actual Drivers Licence in that case.

 

[katiewlx]

My wife had a bump in the hospital car park when a car reversed into her. The driver drove off but she got the plate and reported it to the police......they told her they cant do anything as it was on private property.

which is just the police as usual not understanding the law properly. You tend to encounter this more if you report dashcam footage.

 

[T4tomo]

I wonder if this 'driver' used the same defence?


View: https://youtu.be/BEFjrGdEAYQ?si=YLgY5VaLrw56aWsN

This is why one should always reverse into such spaces, so you can drive out.

Obviously having the driving ability of baby goat also doesn't help.