Is tailgating out of a car park illegal???

mikey72

Hadeon wrote: »

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.

I don't know. I reckon if I supply the parking company with all the info, and agree to be a witness, they would be pretty keep to get a criminal prosecution going.

Oopsadaisy

So why are Parking Eye simply sending out 'tickets'???

mikey72

Oopsadaisy wrote: »

So why are Parking Eye simply sending out 'tickets'???

No scumbag has tried to crawl out on my bumper yet?

andy13

The article is nearly 2 years old so don't know what the situation is.
Mmmm.... 2 weeks on site airport parking for £90..... not a bad deal!

http://menmedia.co.uk/manchestereveningnews/news/s/1301602_airports_parking_war_on_the_tailgate_cheats

mikey72

andy13 wrote: »

The article is nearly 2 years old so don't know what the situation is.
Mmmm.... 2 weeks on site airport parking for £90..... not a bad deal!

http://menmedia.co.uk/manchestereveningnews/news/s/1301602_airports_parking_war_on_the_tailgate_cheats

So, not a surprise to anyone when they turn up then? Clearly stated up front, so you mean people are arriving, having set out to commit fraud?

Hadeon

Oopsadaisy wrote: »

So why are Parking Eye simply sending out 'tickets'???

Dunno - perhaps it's because they know the police have other priorities & demands on their time & limited resources to be bothered.

Why not run your query by Manc Airport/PE & maybe suggest double exit barriers are installed to address/solve their little problem.

I was merely responding to the point you raised in the opening post of this your thread which made no mention of PE.

mikey72

Use these http://www.youtube.com/watch?v=4ZdLjKl0lHc&feature=related or http://www.youtube.com/watch?v=JkAMYspTwLI&feature=related

Hadeon

mikey72 wrote: »

I don't know. I reckon if I supply the parking company with all the info, and agree to be a witness, they would be pretty keep to get a criminal prosecution going.

Keen you & the PPC may be 'to get a criminal prosecution going', but I very much doubt that the police & CPS would feel the same way about it, and you need them to do it.
You're lucky if you can get the police to attend a burglary scene these days I'm sad to say.

Love the 'you tube' clips btw.

mikey72

Hadeon wrote: »

Keen you & the PPC may be 'to get a criminal prosecution going', but I very much doubt that the police & CPS would feel the same way about it, and you need them to do it.
You're lucky if you can get the police to attend a burglary scene these days I'm sad to say.

Love the 'you tube' clips btw.

When the police just decide to ignore a crime as it's not quite big enough to worry them, you wouldn't expect them to get away with it, and they don't normally. This isn't just a quick bit of trespassing on private property, it's a crime, and Manchester Airport made £51m in car parking fees 2008 to 2009. That's a lot of influence with the local council and police force if the cheats get away with too many. 27 in an hour could be over £700 lost revenue. And it's not like there isn't video evidence in each case. (But I'd pay just to see someone go over the bollards though. It could prove more popular than plane spotting)

SHIPSHAPE

Hadeon wrote: »

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)
　


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.

In this particular scenario it does actually fall within the Theft Act, s3, 'Making off without payment' and not the Fraud Act s11.

Theft Act s3 (2).

3 Making off without payment.

(1)Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

(2)For purposes of this section “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

It is the same charge as if not paying a taxi fare, intention to not pay whilst knowingly aware one is expected to do so.

'On the spot' can mean at the end of a taxi ride, when payment is expected, or at the end of using a fee paying car park, as similar to this thread.

The police will be interested as they are legally obliged to do so.

The confusion with civil v criminal is quite easily explained.

If I were to use a taxi knowing, at most, the fare was £10 but the driver wanted to charge me £20, then that dispute is civil.

However, should I not pay anything, or an amount that is clearly nowhere near the accurate £10 fare, say I pay £2, then that may/most likely become a criminal matter as one risks the offence of making off without payment.