Fixed Penalty Notice for Cycling

reach229

Hello,


I'm new to the forum so sorry if I'm in the wrong place. I was stopped in town the other day and issued a fixed penalty notice (section 67 Antisocial Behaviour Crime and Policing Act 2014) for unathorised cycling in a restricted area. The stretch of road I was in has a no cycling rule between 8am and 6pm, and it was about 2pm. So it would all seem fair and fine, except I was walking my bike, I wasn't cycling at all!


I have tried to explain this to the enforcement agency for over two weeks but they refuse to back down. It has gotten to the point now where I had put in an information request, and have now actually viewed the body cam footage from the officer. In the first three seconds of the video, it clearly shows me walking my bike before he stopped me. I almost laughed, but when I pointed this out to the agency team leader, he gave me some spiel about it being my choice, but most people who go to court lose.


Is he just bluffing? Could they have more evidence and just not show me?



So it looks like we're going to court, and I'm not too proud to admit I'm a little bit scared, I've never been to a magistrates court. So I have a couple of questions, and I'm really hoping someone can help:

1. If I am summoned to magistrates court and lose, what are the consequences likely to be? Will I get a criminal record? CCJ? £1000 fine etc? It would make the current fine (£80) seem much more palatable, but isn't that what they're preying on?



2. Are bodycam 'confessions' enough to convict me? Having seen the footage back, I was pretty effing stupid with some of my answers. For example he asked "do you know why i stopped you?", and I answered "I think i have an idea..." Then he says "you were cycling just up there" and i answer "...yea..."


My answers are probably just vague enough to be interpreted in several ways, but what I meant was "yes I was cycling up there... on the previous road... where cycling is allowed..." Alas that's not what I said, i said .... yea....


:T

Has anyone been through this sort of thing and can help me out?


Many thanks,

Nasqueron

WERE you cycling in the area before the bloke caught you or not? Have they any evidence of you cycling?

Johnmcl7

reach229 wrote: »

1. If I am summoned to magistrates court and lose, what are the consequences likely to be? Will I get a criminal record? CCJ? £1000 fine etc? It would make the current fine (£80) seem much more palatable, but isn't that what they're preying on?

I'd recommend http://forums.pepipoo.com for specific legal advice like this.

Normally if you go to court the costs are much higher as the fine will be income based and if you plead not guilty, you'll also pay higher prosecution costs.

2. Are bodycam 'confessions' enough to convict me? Having seen the footage back, I was pretty effing stupid with some of my answers. For example he asked "do you know why i stopped you?", and I answered "I think i have an idea..." Then he says "you were cycling just up there" and i answer "...yea..."


My answers are probably just vague enough to be interpreted in several ways, but what I meant was "yes I was cycling up there... on the previous road... where cycling is allowed..." Alas that's not what I said, i said .... yea....

I would expect the body cam footage to be formally submitted as evidence and I don't think the comments are vague, answering yes to the question 'were you cycling?' is going to appear very clear to anyone else.

John

martinbuckley

If these "enforcement officers" are anything like the ones that patrol the streets of Peterborough city centre chastising young kids on skateboards or bikes, whilst ignoring the dozens of beggars that sit on just about every available corner, then I feel your pain.

stragglebod

So, just to be clear, the video evidence shows you admitting the offence?


Even if you now say you meant something else, the video evidence shows you admitting the offence?

reach229

Thanks for all the replies. It sounds like the video will be pretty damming evidence in any court scenario, as regardless of my meaning I did answer yes... It's just annoying because I only said that as I was cycling from the previous street where it is allowed, they were essentially there to trap anyone who doesn't get off exactly at the signpost.


I still want to fight it, I don't think they have any actual evidence, but I don't trust the system to see it that way especially with that video.



MartinBuckley, it was exactly the same 'officers' in Peterborough. Glad I'm not alone, but I guess I'm paying it anyway

macman

If you didn't dismount at the signpost, then you are guilty of the offence. If you did, why would you answer 'yeah'? Your comments are very evasive on this point. If you know you dismounted in time, then any additional unseen video footage will support your defence.

photome

reach229 wrote: »

Thanks for all the replies. It sounds like the video will be pretty damming evidence in any court scenario, as regardless of my meaning I did answer yes... It's just annoying because I only said that as I was cycling from the previous street where it is allowed, they were essentially there to trap anyone who doesn't get off exactly at the signpost.


I still want to fight it, I don't think they have any actual evidence, but I don't trust the system to see it that way especially with that video.



MartinBuckley, it was exactly the same 'officers' in Peterborough. Glad I'm not alone, but I guess I'm paying it anyway

Reads like you think they might have evidence, which suggests you know you did;t dismount in time.

bap98189

Why did you stop? You had a bike - they didn't.

Lord_Baltimore

Pay the fine. Don't turn a drama into a crisis - the script is poor and you'll get panned by the critics

pogofish

Lord_Baltimore wrote: »

Pay the fine. Don't turn a drama into a crisis

I thought these tickets were an offer to discharge liability, not a fine..?

OP - Who are the "enforcement agency" ? Are we talking police, PSCO/town wardens or incentivised goons like Kingdom Enforcement who have serious form for overstepping/tacking the mick when issuing tickets?