RC86405 on Private Land

stebiz

Can I have your views on a RC86405 Obstruction Notice on Private Land issued by a Police Officer.

I was parked on the right alongside where it says Drive Thru

Fergie76

Be better posting on PEPIPOO.

HO87

Its a highway (yes, it might look like the entrance to a takeaway car park but the public have unrestricted access to it) and technically stopping on it causes an obstruction.

However, posing this unqualified question is rather like asking someone to comment on a shot of an American Airlines Boeing 767 in midflight without disclosing the North Tower just out of view. The devil is always in the detail - so would you care to give us some?

stebiz

Sure. I parked as I said and came back to a FPN. There were no lines, warnings and at my time of parking no other cars parked therefore in my opinion giving full access.

Fergie76

Why did you not just park in a space?

Looking at that picture, the drive-thru sign looks quite close to the junction, how far is approximately?

It could be that they have given you it for parking within 10 metres of the junction - http://www.drivingtesttips.biz/nearest-you-can-park-to-a-junction.html

Nearest you can park to a junction

Many parts of The Highway Code simply advise motorists on safe motoring procedures to adhere to, and is not necessarily illegal to infringe on such advice. Parking near junctions (Rule 243) being one piece of advice stating:
'DO NOT stop or park opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space'.
Almost all of us have parked within 10 metres of a junction at some point and as can be seen by observing car parking habits around us, many people park too close on a daily basis.

If it's not illegal, can I still get a ticket?

Although there's not a law that specifically prohibits motorists from parking close to a junction, you may still find your vehicle ticketed on your return. A non-endorsable (no penalty points added to your driving licence) Fixed Penalty Notice (FPN) under the offence of unnecessary obstruction will see you fined £50, or up to £100 for more serious circumstances.

stebiz

It was full mate. It is only a £30 fine and I have got a letter together for the Chief Constable asking why.

I would say it was at least 10 metres.

Footnote: Just measured on google and would say it is about 10-12 metres. Unless he got a tape measure out I'm sure he wouldn't know.

HO87

There maybe something you have missed.

A little further into the car park to the left of where you suggest you parked is a junction (double-dashed Give Way line) just behind the two waste bins. Further to the left of that is a turn right arrow painted on the tarmac. This suggest that traffic exiting the car park is obliged to turn right towards the camera and that the access road is two-way. This is borne out by the presence of a Give Way warning - the triangle on the roadway directly in front of the camera.

It would seem that you were effectively blocking the exit from the car park and forcing leaving traffic to move to their offside into the path of traffic entering the car park. The access road is hardly three lane.

I'd respectively suggest that a £30 FPN was a cheap deal. Had the officer exercised his powers under s.99 RTRA (as expanded by POFA) and towed your car the bill would have been considerably greater.

GSV Satellite

Fergie76

How did you manage to find out which car park it was just using that photo, HO87?

Marktheshark

Are you prepared to turn up at Mags court on 3 separate days ?
Decide that now and if not pay it quickly.

Thats the only decision at this point.

HO87

Fergie76 wrote: »

How did you manage to find out which car park it was just using that photo, HO87?

Would that I could claim that I knew it or had Holmesian powers of deduction. The answer lies here: http://forums.pepipoo.com/index.php?showtopic=98085&st=0&gopid=1064554&#entry1064554

Fergie76

Ah ok. Lol

I would have went with the mystic HO87 version though. Lol