Xerai

Can you cause affray with a vehicle?

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We have a situation at work with a driver that drives in a way which intimidates and scares some users of the car park. He drives very fast through the car park and skids to a halt near where he is going to park (often next to people getting in/out or just walking). He revs his engine, reverses back spinning wheels in to a space, then spins wheels again flies forward and does the same again whilst adjusting position in his spot. Sometimes he can do the spin skid reverse 3 or more times. It's particularly disturbing for some females that find it upsetting and can no longer feel safe using the car park. Nobody has been hurt and these are just random people he does it to, not specific targets as far as im aware. I think he finds it funny to scare people with his car.

He did it to me this morning and I could see he had a huge grin on his face when I looked around after he revved his engine next to my leg whilst I was getting my bag from my boot. My partner ran out of the car park because she thought he was going to run her down

Is there actually an offense here like affray which would make it worth getting the police involved or is there nothing we can do until he actually physically harms someone?

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An affray occurs when a person uses or threatens to use unlawful violence towards another. I’m not going to bore you with the technicalities, but the circumstances you describe do not come close to being an affray. You are describing possible road traffic offences, nothing more.

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Thanks for replying. I thought affray was to do with people in the vicinity feeling unsafe or threatened regardless of what the person was actually doing, but the original act actually has to be proven to deliberately be violent? I guess that makes sense.

Waste of time going to police then as traffic offences on private car park? We are trying to pursue things via our company security as well but I think they are reluctant to get involved

Seems sad that this guy can act like this and there is nothing anyone can do

There is a big gap around him in the carpark where nobody will park near him. I bet he thinks it's brilliant...

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5 hours ago, Xerai said:

Thanks for replying. I thought affray was to do with people in the vicinity feeling unsafe or threatened regardless of what the person was actually doing, but the original act actually has to be proven to deliberately be violent? I guess that makes sense.

 

 

 

Waste of time going to police then as traffic offences on private car park? We are trying to pursue things via our company security as well but I think they are reluctant to get involved

 

Seems sad that this guy can act like this and there is nothing anyone can do

 

There is a big gap around him in the carpark where nobody will park near him. I bet he thinks it's brilliant...

 

It could fall under antisocial behaviour, so it may be worth contacting your local police force and see if the neighbourhood policing team might take a look at it... get the VRM aswell, that always comes in useful

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On 28/09/2017 at 13:15, Xerai said:

Thanks for replying. I thought affray was to do with people in the vicinity feeling unsafe or threatened regardless of what the person was actually doing.

 

The starting point is that a defendant must use or threaten violence towards another. That act would have to cause a hypothetical person of reasonable firmness, if present at the scene, to fear for their own safety. The hypothetical person need not be present.

Take a person threatening to assault another. If that threat of violence is targeted directly at the victim there is no affray, as it is very unlikely that it could be argued that a third person would fear for their OWN safety.

In the circumstances you describe there simply isn’t an affray. Driving poorly, even if it amounts to being dangerous, is not violence.

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It could be Section 4 or 5 of the Public Order Act. Don't expect a huge amount of interest from the local police though. In the scheme of things this is not major crime.
If it is a private car park then a complaint to the drivers boss, supported by some video evidence may stop his juvenile behaviour.


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