illegally parked mobile video unit

Premier_2

hippey wrote: »

...magistrates are real people making real orders...

... and I'm sure they will be more than happy to dismiss the case against anyone for driving way above the speed limit on some weasle excuse.

Remember these are real people (usually with no formal legal training) ... unlike the majority of those us who post on t'internet.

Oh hang on a minute ... :rolleyes:

flyingscotno1

hippey wrote: »

If you are sure that the van was stopped and causing an obstruction then you could request a court appearence. Request the disclosure document, scrutinise all the document carefully to ensure they do conform to the relevent legislation. BUT you need to research the highway properly, is the cycle lane part of the highway? Only seperated by a white line (not a solid barrier) and how is the cycle lane designated, or was it. For instance some bus lanes in London are designated by the local council not TfL, and some do not allow emergency vehicles to use them and if they do they will be issued with a penalty notice as they are not exempt!

I realise that England has different roads acts from Scotland, but the highway as far as I am aware is from back of footway/verge to back of footway/verge including any lanes.

Similarly I presume that a police officer actually out performing their duties can use be able to use a bus lane without prosecution- they'd only get ticked off if it was for going to the take-away to get some food.

In any case I still fail to see how the position of the van, which is there with the permission of a police officer is a contributing factor in this case. The old two wrongs...

DaveF327

chassenave wrote: »

parked onto Cycle lane area that is not designed for the use of vehicles.

Was the cycle lane bordered by a broken or solid white line? If it's broken, then no offence has been committed. If it's solid, it's only an offence during the lane's hours of operation.

hippey

flyingscotno1 wrote: »

I realise that England has different roads acts from Scotland, but the highway as far as I am aware is from back of footway/verge to back of footway/verge including any lanes.

Similarly I presume that a police officer actually out performing their duties can use be able to use a bus lane without prosecution- they'd only get ticked off if it was for going to the take-away to get some food.

In any case I still fail to see how the position of the van, which is there with the permission of a police officer is a contributing factor in this case. The old two wrongs...

The highway isn't quite as simple as that I'm afraid, and the using bus lane thing is far more complicated (certainly in London) many police cars get issued tickets for driving in bus lanes and many have to be paid.

I agree with the position of the van, it's doesn't really matter where it was, as long as the calibration procedures were carried out correctly.

pogofish

As many speed camera vans are operated by private partnerships (despite the police styling) the partnership should hold the appropriate wayleaves from the local council to operate off different forms of restriction.

Not having these can affect the legality of any tickets issued. Indeed, the partnership here had to hand back an awful lot of money recently when it was found that the wayleaves granted by the council here only covered on street parking and did not allow them to work off yellow lines/pavements etc.

However, where it is a proper police camera vehicle, the aforementioned ACPO guidelines apply and you are probably better to pay-up and look sweet about it.