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About Daveway69

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  1. Private Car Park.... or Road

    Hi Everyone, There are obviously many ways to interpret if a 'carpark' is a 'road'. You will read that in many placed that a 'carpark' is a 'road' however, this was challenged in the Supreme Court and the result was that a 'carpark' is NOT a 'road'. If it were a road then when parked vehicles should have parking lights on. OK that's just one point that was made. The full case can be found here >>>> http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd981022/clarke01.htm Some will point out that this ruling was made in England and does therefore not cover Scotland, however; as this was was made in the Supreme Court then it has jurisdiction over all of the UK. It is certainly worth remembering this case and present it as a precedent where appropriate.
  2. Is it Rape

    All good advice... Thank you. I agree that my Sister should be the one to report the rape and abuse.... even as a starting point I told her that she needs to let her family know what is going on. She is a half sister to me that I never even knew I had until 3 years ago so I have no say in her side of the family. I have alerted the local police about his drinking and driving but it's catching him in the act that is the problem. I live 600 miles away from them and I can't call it in when it is actually happening.... because I do not know 100% when it is happening.
  3. Is it Rape

    Also meant to add that he drinks heavily in the evenings and drives the next morning. Should I report him?
  4. I have a question and need guidance. My sister (half sister) has told me that her fiancé has held her down and had sex when she never wanted to. I would call this rape but she does not see it that way. She uses excuses that he was drunk and that she only carried on to keep peace. When she told him that he hurt her then he just laughed. What can I do in this situation when she has not told anyone else other than me what her fiancé is like? I have confronted him with the allegation and he naturally took offence and has offered violence and is now seeking revenge. Can I get a restraining order to stop him contacting my family?
  5. DIC (Drunk in Charge)

    Sorry; As it happened in the past, it is not really a question. However; going forwards I guess in hindsight the case was a waste of time. If the officers had waited 10 minutes then the whole thing would have not gone to court and wasted money and time. The drivers parents would have been there as planned and had proved there was no intent to drive. On the flip side though, I can fully appreciate that there are those that would have woken up cold in the dead hours of the morning and chosen to have driven home. The thing is having to prove that there is no intent to drive. It seems to be one of those situations where you are automatically guilty for what you might do and it is down to the driver to prove that they were not going to do it. I know an officer that found the drivers keys on top of the tyre. The keys were not in the car or on the person but the case stuck and a ban was given to the driver. Not such a good solicitor me thinks. The young driver I refer to earlier was told that if the keys were outside the car then they would not have been lifted. I have also seen a case where a driver was lifted when he had a few drinks in a hotel and then went to get his briefcase from the boot. The case (no pun intended) was thrown out. Is shows different interpretations of what is within the law. Regarding 3)... it was not the main reason for getting kicked out but did not help. There was also no signed statements given and the young driver was dyslexic and should have had assistance.
  6. Introducing Dave

    Well... sorry to say; I came on here looking for help and advice. However, instead of friendly advice I can see that there is nothing of the sort. I am leaving. To Bart .... please can you delete my posts. There is no advice to be had on here.... it seems to be just full of posts gloating on who managed to arrest who. Shameful really.
  7. Private Car Park.... or Road

    In one case it was a multi-story. In the other it was on a small retail estate. It turned out that, barrier or not, a car park was not a road. This was why the 'or public place' was added to the the term 'Road or public place'. It also went into saying what a public place was in relation to someones own drive. In that case it was ruled that a driveway was not a public place as an example. I am still struggling with what is, and what isn't, a 'Public Place'.
  8. DIC (Drunk in Charge)

    Jeeezzz.... stop reading into everything so deeply and take off the uniforms please. Talk about make someone feel guilty and unwelcome. I am after advice... and I am not this young driver. It is a real life scenario and the charges were dropped. There was overwhelming evidence that the driver had no intent to drive and the police failed to follow proceedings.
  9. Private Car Park.... or Road

    I have searched for answers online and have found contradicting information. There are many forums regarding legal issues and I have seen cases that have resulted in insurance companies winning and losing cases where they have claimed that an accident has happened on a private road and therefore not covered on insurance. But there was two cases of this nature that went to appeal and it was determined that a Road is not a Car Park. The legal definition of a road seems to point towards the stance that because a car park is accessed from the road, then it forms part of the road. The ruling I have found goes into a lot of detail showing that a car park is not a road... however, a lay-by is a road. It also goes into why a car park is not a road even if there is public access. I wondered if this case was commonly known and what the general thought was. It was not to be 'patronising'.
  10. Private Car Park.... or Road

    My Education.......
  11. DIC (Drunk in Charge)

    more of a case study...
  12. Private Car Park.... or Road

  13. DIC (Drunk in Charge)

    Other threads seem to have been locked so can not add a comment, hence my thread here... It seems that every Christmas there is a public awareness campaign regarding 'Drink Driving', however many new drivers do not know that they can be charged with being DIC. They think they are doing the correct thing by not driving and take the safe option to sleep in the car. I believe a high profile campaign needs to be made to make this law commonly known. .............. Here is a scenario: A new driver drives to work and leaves his car in the furthest corner of a private car park. The driver goes out on his works night out after work and has arranged for his/her parents to pick him/her up from his work at 02:30am. The works night out finishes at 2am so the young driver heads to the car to wait. It is very dark and no lights on. The driver feels uneasy and decides to seek the safe haven of the car. Keys are in his/her pocket.. the engine is off. The young driver falls asleep while waiting and is woken by the police after only being there for 5 minutes (not much luck). The driver advises the police that he has pre-arranged for the parents to pick hi/her up and they should be on their way. The police call the parents and they confirm it to be right and that they were literally leaving the house. Unfortunately for the young driver, he said that he had phoned his/her parent not 5 minutes ago. The police check the mobile and find out that the call was not made. The driver had been woken in a hurry and was confused when he/she said it. The police had already advised the parents that the driver was not in trouble and that they can pick him/her up as arranged. However, the police then arrest the young driver and take him/her away to the local station. The parents arrive to the car as arranged and the driver is not there. They call the drivers mobile but no answer. The police correctly ask the driver is he/she wants anyone notified and the driver says 'yes, my parents'. The police fail to make the call and the parents are frantically trying to find their son/daughter. The parents and driver are reunited 2 hrs later. 1). Common sense is initially used by not arresting the new driver... but then the police changed their minds after searching the drivers phone. Should they have waited to see if the parents did turn up as had been pre-arranged? 2). Should the phone have been allowed to have been searched as it was not used in a crime? 3). Would the police be at fault for not following procedures and failing to notify the nominated person of the arrest. 4). The young driver has witnesses from his/her work that can confirm that the young driver made it known that the parents were picking him/her up.
  14. The Craft

    That's my one more post. If you were in it, then you would not need to ask ;-)
  15. Private Car Park.... or Road

    Is a Private Car Park classed as a Road in relation to the road traffic act? I already know the answer but would be interested in a census to see who knows.