Traffic Offence Report - Parked on a road with middle double white lines

tifo

Car_54 said:

BTW to get five points your friend’s driving must have been regarded as fairly high on the scale of careless driving.

The JPs came down heavy because he disputed the charges. The police also tried to charge him with later going through red lights when the green filter could clearly be seen !!!

The dashcam submitter didn't like him coming into the lane 2 cars in front, no one had to brake or slow down, and kept going on about how premium the car was and swearing like mad. At court the prosecuter said the sound isn't working so the JPs didn't hear it.

They didn't do anything for the red light as agreed the green filter was on.

nayfeee

Just to be clear guys I'm not disputing anything. I was in the wrong and hold my hands up. It was an unfortunate mistake as I genuinely didn't realise I couldn't park there and was just worried about not knowing the potential consequences!

Car_54

tifo said:

Car_54 said:

BTW to get five points your friend’s driving must have been regarded as fairly high on the scale of careless driving.

The JPs came down heavy because he disputed the charges. 

I doubt it. Most of the people they see are disputing the charges - that's why they plead not guilty - and they don't "come down heavy".in every case.

born_again

DullGreyGuy said:

tifo said:

The OP will be very unlucky if it's anything more than a fine. Surely wrong parking can't be the same as speeding or dangerous overtaking?

(but you don't know, I know someone who recently got 5 points and £1,200 fine for joining the first lane from the second lane during traffic, someone 2 cars behind sent dashcam to police, the courts took it as careless driving. It's excessive I think. Everyday many others do same in that area).

But lets say its like the photo in Robin9's post. They have either effectively made it a one way road or, more likely, are forcing other road users to break the rules by crossing the double white line to get around their inappropriately parked vehicle. 

Making 1,000 vehicles drive on the wrong side of the road on a blind bend through poor parking is vastly worse than a single vehicle speeding on a straight clear road in good road conditions. *

* intentionally an extreme example to illustrate the point 

129
Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 26

DullGreyGuy

born_again said:

DullGreyGuy said:

tifo said:

The OP will be very unlucky if it's anything more than a fine. Surely wrong parking can't be the same as speeding or dangerous overtaking?

(but you don't know, I know someone who recently got 5 points and £1,200 fine for joining the first lane from the second lane during traffic, someone 2 cars behind sent dashcam to police, the courts took it as careless driving. It's excessive I think. Everyday many others do same in that area).

But lets say its like the photo in Robin9's post. They have either effectively made it a one way road or, more likely, are forcing other road users to break the rules by crossing the double white line to get around their inappropriately parked vehicle. 

Making 1,000 vehicles drive on the wrong side of the road on a blind bend through poor parking is vastly worse than a single vehicle speeding on a straight clear road in good road conditions. *

* intentionally an extreme example to illustrate the point 

129
Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 26

Wasnt meaning breaking the law but if you want to go down that route... how can you tell the road is clear on a blind bend @born_again? 

On my way to a clients old office there were several fast narrow country lanes with blind bends where you sure as hell wouldnt want to be forced onto the wrong side else a great change of a 50mph head on collision (plenty of cars did go round them at the national speed limit (and plenty of holes in hedges showed not everyone made it)

tifo

Car_54 said:

I doubt it. Most of the people they see are disputing the charges - that's why they plead not guilty - and they don't "come down heavy".in every case.

Not the place to argue to here but they do come down heavy if you dispute and they find you in the wrong, they see it as a waste of everybody's time.

In this case, the defendant was offered 4 points and £100 (the points are still high) to plead guilty and the JPs gave 5 points and £1,200 fine later. Why would they increase it so much if they don't come down heavy?

Car_54

tifo said:

Car_54 said:

I doubt it. Most of the people they see are disputing the charges - that's why they plead not guilty - and they don't "come down heavy".in every case.

Not the place to argue to here but they do come down heavy if you dispute and they find you in the wrong, they see it as a waste of everybody's time.

In this case, the defendant was offered 4 points and £100 (the points are still high) to plead guilty and the JPs gave 5 points and £1,200 fine later. Why would they increase it so much if they don't come down heavy?

So they "come down heavy" on everyone they find guilty? That doesn't make a lot of sense. Indeed in most of the cases reported on pepipoo etc sentencing tends to follow the guidelines pretty closely.

Who offered the 4 points and £100? AFAIK prosecutors can't do that in this country? And was the £1,200 a fine, or did that include the victim surcharge and £600+ in prosecution costs?

TooManyPoints

In this case, the defendant was offered 4 points and £100 (the points are still high) to plead guilty 

Yes, who did offer that? That is not a fixed penalty (the points would be three only). As above, prosecutors cannot make such an offer and neither can the Bench. If he pleaded guilty in court he would be subject to the normal sentencing guidelines. That may mean four points, but it certainly would not be simply a fine of £100 as there is a "victim surcharge" and prosecution costs involved. Sounds like you've been told some porkies.

The courts only "come down heavy" on those convicted following a trial by way of imposing the full fine (no discount for a guilty plea) and by ordering a much increased contribution to prosecution costs (normally beginning at £620). Points are not discounted for a guilty plea (except in Scotland). It would take a fine of only a little over £400 to make a total of £1,200: £400 fine, £160 Victim Surcharge, £620 costs = £1,180.

MX5huggy

@tifo I don’t understand what your friend did, please explain again. 

tifo

MX5huggy said:

@tifo I don’t understand what your friend did, please explain again. 

2 lane traffic, he was in the right lane, both going straight, the right lane then turned into a right turn, left going straight. He came into the left lane into an available opening, no one needed to brake for him. At next junction with red traffic lights he turned left as green filter with left arrow was on.

A driver several cars behind sent dashcam footage to police who said it was careless/reckless driving and red traffic light offence.