Sleeping in Car at Car Park

Mark_Mark

matttye wrote: »

What's easier to prove than drink driving? Drunk in charge.. didn't I already say that?

For drink driving: -

- The prosecution must prove that the vehicle has been driven (either by seeing it in motion either in person, on CCTV or via witnesses), or sometimes they just do the bonnet test, whereby police feel the bonnet and, if it's warm, the vehicle has obviously been driven recently. Weather dependant of course.

If they cannot prove the above, the prosecution fails.

If they can, then:

- The prosecution must prove that the defendant was the driver.

Neither of these two things are required to prove drunk in charge.



Everybody should seek legal advice when interviewed by the police - even the innocent.

For one thing the police will often conduct investigations more expeditiously and carefully when they know there's a legal representative involved.

Also, people in custody may not know their rights. A solicitor can advise people of their rights whilst in custody.

Sometimes it can be shown that an arrest is unlawful and immediate release secured. This can save hours in custody.

Warm bonnet is proof of driving?

Pull the other one chap.

I do hope you've no legal training or experience.

Herzlos

A warm engine would be enough to disprove the claim that it hasn't been used in the last few hours, and would be sufficient for a court if corroborated.

Anyway, what's this got to do with the practicalities of sleeping in a car?

londonTiger

LondonGal wrote: »

Mark, I'm afraid BSMS is correct here but only if the keys are in the car.

If the keys are with a friend or away from the vehicle you are obviously unable to drive it. If they are in the car you're laying yourself open to prosecution.:beer:

So get a friend to lock you in the car at night and walk away?? Great!

Another great piece of MSE advice.

If you want to sleep in your car in London you'll have to drive out in the outskirts somewhere near woody areas without too many residential homes - these are your best chance of finding roads without any road markings. No bays, or solid lines. These will probably allow you to park and sleep without catching too much attention.

Any car parks, council bays etc will have someone watching you at some point.

IMO not worth saving money like this, ibis is cheap just drive out somewhere outside of zone 3 to get something cheap enough.

Herzlos

It's also going to be the least comfortable sleep ever (I've done it before, won't do it again). Even a backpackers hostel is a better idea.

matttye

Mark_Mark wrote: »

Warm bonnet is proof of driving?

Pull the other one chap.

I do hope you've no legal training or experience.

Yes. Probably not sufficient on its own but the warm bonnet and sounds that cars can make when the engine is cooling down can contribute to other evidence.

I do have legal training but haven't learned much about motoring offences yet. That said, I've worked on plenty of cases (in a secretarial capacity) to know that a witness statement by a police officer confirming the bonnet and exhaust are warm can often bolster a prosecution case.

You can argue to your heart's consent but you are wrong.

Mark_Mark

matttye wrote: »

Yes. Probably not sufficient on its own but the warm bonnet and sounds that cars can make when the engine is cooling down can contribute to other evidence.

I do have legal training but haven't learned much about motoring offences yet. That said, I've worked on plenty of cases (in a secretarial capacity) to know that a witness statement by a police officer confirming the bonnet and exhaust are warm can often bolster a prosecution case.

You can argue to your heart's consent but you are wrong.

You'd still need evidence of it actually being driven.

I won't argue but I'll leave you to your shorthand.

matttye

Mark_Mark wrote: »

You'd still need evidence of it actually being driven.

I won't argue but I'll leave you to your shorthand.

I did say that. I said the warm bonnet/exhaust can contribute to other evidence and probably wouldn't be sufficient on its own.

That said, a warm bonnet/exhaust may make an officer less satisfied with a drunk in charge / sleeping it off / etc explanation and may cause them to investigate drink driving.

mttylad

Did the OP say they were going to drink when parked up?

If not then why all this differences of opinion on what is likely to never happen? (the OP drinking and sleeping in the car).

The answer is simple though, hang the keys outside on a piece of string

Or take a part off the engine to disable it, put it in the boot.

barbiedoll

If you're going to pay £7-10 to kip in a car park, you could chuck in another fiver and stay somewhere like this, with a proper bed and comfy mattress.....

http://www.yha.org.uk/hostel/london-thameside

Nice river views, quiet location and the food is quite good.

LondonGal

bigjl wrote: »

How would the OP get in the car without the keys.

Or is the friend that is holding the keys for them going to open the door then go home afterwards!

That is the driver's problem, not mine! However, pass the keys to a friend on way home, get in car and lock yourself in. Friend returns keys next day. I know a few motorhome owners who have been pulled up for having the keys there - stupid I know, but as the saying goes 'The law can be an !!!.' Here it is an !!!. In a car, less so I think.

At the end of the day, if you're aware of the legislation, is it worth the risk?