motoring offence

[momoney765]

hi all, i was in a car park with my mate parked up waiting for my father who went to his relatives house. we jumpd into the front just to put on the cd player n the air con, the keys wer alredi in the ignition. i saw a cop car circling the park n he came over to where the vehicle was parked, n he firstly said me n my m8 lukk suspicious sat there, i said we were waiting, then he askd about me doing drugs in the car and kept on stickin his head thru my window trying to get a smell of something. he then said to my astonishment if i have any drugs i should give them to him and everything will be ok n he'l let me go!! i said take out a search if u have to ..but he said he dont have any grounds. he then gave me a producer even though i dnt av a driving licence insurance etc. what can i do, and will i get a ban??!! this is really harsh 4me as if i was an illegal driver i wouldv gone as soon as i saw his car circling because he had to get out of his car and open a barrier to an adjacent car park which is a residiential one, and if i had any drugs i would'v steppd out of the car before, as i had nothing to hide i remained seated waiting for my father talking to my mate, seems this was the wrong thing to do now...so if u have any answers please let me no asap as i have to produce within a few days,

and on the bottom of the producer it says reason for stop. eventho veichle was already stopped strong aftershave smell.

and i got given that on mon 7th and passed my test on the 9th looking to go uni with a car, will i get banned, or have i got a case..thankyou all

soz bout d long question lolz

[Skids]

What are you going to produce? You were given a ticket before you'd even passed your test, you have no insurance, its not your car and you weren't driving. What grounds have they got to ban you on? None, that's what. But, you should've got yourself down to the police station as soon as possible and explained to them. Get yourself down there as soon as you can now before the date you have to produce.

[NORMANTHEDOG]

and try speaking and writing english,not everybody is 17.

[Skids]

Good point well presented, Norman.

[Ethel]

Go to the police station with your licence, your father and his documents.

Let your dad explain what the car was doing there and why - and that he knew you and your friend were in the car and that is why he left the keys in the ignition.

[Andy Boz]

I would imagine that lod though you were using some drugs, and the smell of aftershave was to disguise the smell of drugs. However, it seems that he was being over zealous, and I wonder if he asked your names etc? Did he do a PNC on the car, and check it was registered to your old chap? If it was me and my son, I would be down the nick pronto, asking questions like the above,, and registering an official complaint.
If you are in the front seat, you are technically in charge of the car, but as far as I am aware, smelling of Brut is not yet an offence, and the copper was just being a pillock.

[bob57]

the only offence I can think of is being in charge of a vehicle whilst the keys were in the ignition possible 3 points if proven you were driving
get your self down to the police with your father and your mate as a witness to not driving the car and I would think the CPS would throw it out

[naz_nomad]

If you were in the car with thes keys then you're seen as being ''in charge'' of the vehicle ... whatever it's doing.

I think you'll get a 6 month ban with an unconditional spelling and grammar course thrown in.

[JudgeJ]

You need to establsh why the PC thought it necessary for you to produce your documents (although I can see that he may have thought you were "in charge" of the car). Apart from your provisional licence you have nothing else to produce. After you have produced that you will be notified of the charges they intend to bring.

As an aside, I try not to criticise people through my answers but I must agree with NORMAN. Your question took a lot of reading to understand fully (and I'm still not sure that I do). If you are thinking of going to "uni" I think it would be wise for you to learn how to construct sentences and spell properly. It is not necessary to write as if you are sending a text message and you may get better reaponses if people do not have to spend ages translating your scribble into languange that everybody understands.

[qapmoc]

But wait a minute if you ran the air-con then you must have started the engine ??? if so then you were legally in charge of the vehicle it would seem and if that is the case then you are nicked.

[madman06]

was it a private car park, if so you can only get done if the carpark owner (i,e) council want to press charges or so i belive

[JudgeJ]

Not quite correct, madman. If the car park is �public� then all the provisions of all the various Road Traffic Acts apply and any transgressions will be prosecuted by the police and CPS.

The definition of �public� is wide and has been tested many times in court. Essentially if the public has unfettered access to the area (even if that access is restricted at certain times because, say, the establishment it serves is closed) then it is considered a public road. This means that car parks serving shops and pubs, as well as municipal car parks operated by or on behalf of local councils are all public roads for the purposes of motoring law. Beyond the law (or possibly arguably beyond the law) are private car parks such as those serving office blocks, to which only selected drivers have access.