Issueing a ticket on private property?

[james199]

Hey on saturday last week I was driving home when i got home i went inside and the gate bell rang. I answered and it was a police man asking to speak to the driver of my car. I opened the gate and let him in when i opened my front door he told me to sit in the back of his car and issued me a ticket for being on the phone while driving. Was he allowed to do this on my own private property? Any help would be gratley appriciated.

Thank you

[StrawDog]

You invited him in & then complied with his request so the answer to your question is- yes.

[james199]

When i opened my front door to him i iasked if he had the right to issue me the ticket even tho he was on private land, he said yes told me to sit in the back and shut the door. What were my rights in that situation?

[Al27]

Where did the offence take place though?

[Surfer01]

If the offence took place while you were driving, then yes they can issue a ticket anywhere.

[james199]

The offence took place just down the road from me, was just wondering weather they can come on your property? Could i have refused to let them in?

[BoardinBob]

So were you using the phone while driving?

 

Of course the police can come to your door. They'd have a hard job doing their work if they couldn't!

[james199]

So your saying that I had to let them in? I may have been on the phone, but I did not think it was right for the police to then make me sit in the back of the car on my drive. Looking back I should not have opened the gate for them.

[StrawDog]

Looking back you should not have been using a mobile phone whilst driving more like (a response precipitated by your comment as opposed to my being judgemental).

 

Your points are purely academic now - had you decided to go into 'Mr Awkward mode', the officer would no doubt have excercised the general power of arrest available to him & matters could have been continued at the police station.

 

You do of course still have the option of having this alleged offence dealt with by a Court if you consider the officer has acted incorrectly - which in my opinion he hasn't.

Edited November 9, 2009 by StrawDog
typpo

[sailor sam]

Im sorry to agree with the above but if you were on the phone while driving, you know its an offence, so why are you complaining? A friend of mine was injured by a driver 'texting' while driving on a supermarket car park so its a no-no as far as i'm concerned. The police are there to try and stamp this out because it is dangerous so its good to know that they are doing their job! (And I don't say that very often!). Had you not 'opened you gate to let them in' they could of just arrested you.

 

As strawdog has pointed out, you have the option of bringing this 'complaint' to the attention of the magistrates should you choose that avenue, but I doubt whether you will get any sympothy from them.

Edited November 9, 2009 by sailor sam

[james199]

To Straw Dog in your first post you said "You invited him in & then complied with his request so the answer to your question is- yes." Does this also mean that I had the right not to invite him in? I understand I should not have been on the phone. But my bluetooth disconnected about 10 seconds prior to being seen. I thought i would of had to have been pulled over to be caught. Also does a police man need to have a warrant to arrest you at your house?

[JimmySpangle]

I opened the gate and let him in

 

You let him in. You could have said no and been arrested instead. You now have a penalty notice for using the phone whilst driving. End of story. Totally legal (except the driving /phone bit) and bang to rights. Stop trying to find a loophole and just be glad you didn't kill a child whilst calling 0909 kiss-my-whip

[james199]

Now i understand why this is free advice.... Think its time to get a real solicitor.

[Surfer01]

Please come back and advise us what the solicitor says and how our advice differed.

 

PS I am an ex-policeman so I think I know what the police can and can't do but then in your opinion I may be completely wrong. Up to you as it is your money.

[james199]

So what could you have done if i had not answered the gate or opened the door of the house? Are you allowed to just break in and arrest me?

[cerberusalert]

Have a read through Police and Criminal Evidence Act 1984 (PACE) and accompanying Codes of Practice | Home Office then you'll know what powers a Police Officer has.

[asmodeus]

Had you refused he could have arrested you on the spot or simply had the ticket sent through the post and maybe taken the option of having it heard in court with potentially higher penalties for dangerous driving

 

A while back I was involved in a RTA. I stopped at a junction and the car behind used my vehicle to stop instead of his brakes simply because he was in the middle of a telephone conversation and not watching the road. Luckily apart from being shaken there were no injuries to the human beings and only the cars suffered. It could have been a lot worse. Not being judgemental just stating facts

 

I for one am very pleased this law was introduced and it is a pity that money is spent on gatso's and the like instead of more police officers to spot and catch people driving without due care and attention

 

You have gotten off lightly and don't criticise this forum as it is for helping people with a genuine need

[james199]

How could he have arrested me on the spot i was locked in my house down a long drive with electric gates? This is my point!!!! Whats the worst that could happen? Would they have needed to obtain a warrant to enter my property.

[Bernie_the_Bolt]

I think that your question may have been better served by asking if the Officer's actions had been consistent with PACE.

 

Unfortunately, I have no idea on the answer to that but it does appear that there are some here who seem to be of the view that the Police should not be constrained by PACE (not me I hasten to add).

 

Anyway, another poster has given a link, if you think its a beneficial use of time, have a read.

[freakyleaky]

In some cases they may need a warrant but whether they did or didn't in this particular case they would have succeeded in issuing a ticket for the offence.

You broke the law and they issued a ticket.

 

If you had refused to open the gate (courtesy of asmodeus post # 17)

"Had you refused he could have arrested you on the spot or simply had the ticket sent through the post and maybe taken the option of having it heard in court with potentially higher penalties for dangerous driving"

[letshelp]

How could he have arrested me on the spot i was locked in my house down a long drive with electric gates? This is my point!!!! Whats the worst that could happen? Would they have needed to obtain a warrant to enter my property.

They would probably have proceeded via post, s172 to the RK to name the driver and the usual penalty for failing to comply. Then they would either have offered you a cfp or summoned you to explain your actions to the local Magistrates.

I believe the Police would not have had the power to force entry to your property over this matter.

regards

[letshelp]

Duplicate post apologies.

[james199]

Thanx Bernie and letshelp for unbiased information.

[StrawDog]

To Straw Dog in your first post you said "You invited him in & then complied with his request so the answer to your question is- yes."

 

My first post was accurately worded in direct response to the actual circumstances as related by you at the beginning of the thread.

You have now digressed into the realms of 'what ifs?' which, although very interesting, are totally irrelevant to your case.

 

Does this also mean that I had the right not to invite him in?

 

Yes

I understand I should not have been on the phone. But my bluetooth disconnected about 10 seconds prior to being seen.

 

No comment

I thought i would of had to have been pulled over to be caught.

 

You thought incorrectly

 

Also does a police man need to have a warrant to arrest you at your house?

 

Not necessarily

 

 

That concludes my pro bono services.