Is tailgating out of a car park illegal???

Oopsadaisy

Came across an article about Manc Airport installing ANPR and 'tickets' since people tailgate out of their carpark.

Is this tailgating illegal [theft?] or is it 'a civil matter' [refusing to pay a bill]??

I think is must just be civil since the article didn't mention passing details to police etc.

AlexisV

Strictly speaking it could be an offence, but I suspect they just do the usual and send an invoice over and above losses incurred.

Stephen_Leak

As always, we don’t condone not paying or overstaying in a pay car park.

I wonder if they asked themselves why people do this. Could it be something to do with the fact that it can cost more to park a car at an airport than it does a light aircraft?

http://money.aol.co.uk/2012/06/29/does-it-cost-less-to-park-a-plane-at-the-airport-than-your-car/?ncid=webmail4

halibut2209

How can it be theft? What has been taken?

Stephen_Leak

The car park owner is still due any (reasonable) charge.

keithdc

Yep... would probably come under theft act 1978, s3.

Same offence as leaving a restaurant without paying or running away from a taxi without paying. Offence covers the dishonest appropriation of services.

27col

I'd think carefully before trying to tail gate out of a car park with a barrier. If the rising barrier did hit your car, the cost of repairs would far outweigh any savings made.

mikey72

keithdc wrote: »

Yep... would probably come under theft act 1978, s3.

Same offence as leaving a restaurant without paying or running away from a taxi without paying. Offence covers the dishonest appropriation of services.

So if someone tries to tailgate me out, I should stop, (preferably with them half under the barrier) take their reg, a photo of the driver, and report them for theft exactly as I would a shoplifter or a pickpocket?

keithdc

mikey72 wrote: »

So if someone tries to tailgate me out, I should stop, (preferably with them half under the barrier) take their reg, a photo of the driver, and report them for theft exactly as I would a shoplifter or a pickpocket?

Not sure about others, but have always that pickpockets and shoplifters don't hang around long enough for me to take snapshots!

BTW- I answered a theoretical question. I don't think I can make moral judgements for you regarding what you should do in a given situation.

mikey72

keithdc wrote: »

Not sure about others, but have always that pickpockets and shoplifters don't hang around long enough for me to take snapshots!

BTW- I answered a theoretical question. I don't think I can make moral judgements for you regarding what you should do in a given situation.

Last pickpocket I shopped did. And he wasn't trapped in a car blocked in by me. And if I can pay for a carpark, no scumbag is going to crawl out on my money. If they don't want to pay, don't go in in the first place.

Hadeon

This issue has been raised previously on the forum & the following is a response I made at the time:-

Avoiding a parking charge certainly does not fall within the scope of the Theft Act, but I believe that Section 11 of the Fraud Act 2006 may well fit the 'bill' here (pun intended)
　
(1)A person is guilty of an offence under this section if he obtains services for himself or another—
(a)by a dishonest act, and
(b)in breach of subsection (2).
(2)A person obtains services in breach of this subsection if—
(a)they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b)he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c)when he obtains them, he knows—
(i)that they are being made available on the basis described in paragraph (a), or
(ii)that they might be,
but intends that payment will not be made, or will not be made in full.
(3)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

So in conclusion, certainly criminal conduct IMHO but I doubt that BiB would be interested.

All the same I would not recommend anyone taking the risk.