fixed penalty notice (non endorsable offence)

robcrofts

hi all and happy new year, i received a xmas card from the police, an fpn non endorsable offence, for parking outside my house, which we have done so for 18 years or so, and my neighbours have done for 30 years or more, without a problem. we were called upon by an on foot copper, who said we couldn't park there and when asked where we could park he pointed to the front of my neighbours house, which is more or less 10 metres from the junction which as since been put in place. we live in a rural residential village with very little traffic, we got the ticket where we were told to park from the police, but apparently not good enough from the police video van, which apparently gave us the ticket, it infuriates us that after all these years we get a ticket, all be it only 30 quid but i am fighting this all the way, on the night in question as is the case on most nights cars are parked near bus stops and junctions, also double parking and on pavements,yet we were the only ones to get a ticket? we feel we have been victimised, any help from you guys would be appreciated

Hackman_2

So what was the offence listed on the FPN?

robcrofts

code 0214 causing unnecessary/wilful obstruction

Hackman_2

robcrofts wrote: »

code 0214 causing unnecessary/wilful obstruction

Right what obstruction were you causing?

robcrofts

no idea at all, we share our drive with our old age pensioners and so let them park to come and go as they please we get on really well with them. our vehicle a nissan micra ( not the largest car in the world) was parked where the pc told us we could, my wife had unloaded the shopping from the front of the house, and after doing so did not bring the car back up the drive, as our neighbours were in and out and dont want to block them in on the drive, no obstruction from what i can see, as we have always parked there. unless we were obstructing the speeding quads and bikes that appear after 7 at night lol

muckybutt

Unfortunately "we have always parked there" will not wash, could it be you were parked close to a junction ? or next to a dropped kerb ?

The downside of appealing any FPN is a day in the company of HMCS at your local magistrates court, you will have to have a damn good reason as to why they should cancel the ticket, as said above simply stating you have always parked there will not be a reasonable defence. If the magistrate goes with the police's decision then you will also have to pay court costs as well.

Although annoying as it may seem I would cough up, chalk it down to experience and dont park there again.

robcrofts

i do understand that muckybutt but as i said in a previous post we parked where the pc told us to park, and still we got a ticket, from his friends

muckybutt

robcrofts wrote: »

i do understand that muckybutt but as i said in a previous post we parked where the pc told us to park, and still we got a ticket, from his friends

I think the only way you will get the ticket quashed would have been if you got the pc's number and it was that pc who told you, you could park there.

Even saying you were told to park there is not a valid appeal point unless you could back it up with a witness other than that of your wife.

Magistrates will nearly always side with pc plod im afraid to say for obvious reasons.

One other approach would be to write to the local press - the chief constable and your local mp to see if the pressure will get the plod to withdraw the ticket, bearing in mind though that they might not so keep an eye on the deadline for paying the fpn, if you dont successfully informally appeal the ticket within the time frame then it will go to warrent and you dont want that. So its either risk going to court and having to pay costs etc if you lose, or pay the fpn and forget about it.

Hackman_2

robcrofts wrote: »

i do understand that muckybutt but as i said in a previous post we parked where the pc told us to park, and still we got a ticket, from his friends

He didn't direct you to park there at that time so that is not a defence.

They would however need to prove an obstruction. Maybe streetview link would help.

robcrofts

53°36'45.49" n 1°24'09.05" w

Tulyar

Unfortunately the road is provided for just one purpose - to facilitate the passing and repassing of ALL traffic on wheels and on feet (2 and 4). As such no one has a right to park anywhere on the carriageway unless a specific area is designated by creation of parking bays.

In the era before yellow lines the position was so much simpler, you either had somewhere off the carriageway to park, or you parked in a place on the carriageway which was marked out for parking. In any other place you could be ticketed for obstruction, although stopping to set down or pick up goods or passengers was permitted. Now the position is practically reversed and we have red and yellow lines and notices which indicate where parking is prohibited or restricted and major arguments when the signs are obscured or worn off. Far simpler to return to the old regime!

On some streets the lack of definition can lead to problems. Over the recent holiday period several bus services were cancelled or diverted, causing inconvenience to the passengers and losses for the operators, through parked cars blocking the route. Parking on any road (carriageway AND footway) and causing an obstruction to vehicles and pedestrians can land you with an FPN. Parking on a footway also involves another FPN offence under s.72 of the Highways Act 1835 - driving a carriage on a footway - whilst cyclists are pilloried and fined for this motorists seem to be ignored.