Parking Fine

DaveK

Thats interesting. I always thought it was a civil offence if you broke the Highway code. At least that's was it says on the NIP (Notice of Intended Prosecution) when you get caught speeding.

Myosin

Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words MUST / MUST NOT. In addition the rule includes an abbreviated reference to the legislation which creates the offence.

Although failure to comply with the other rules of the Code will not, it itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under Traffic Acts to establish liability.

However, notice that the bit about parking on the pavement is not prefixed by 'MUST NOT'. This below statement can still be used in court though...

218: DO NOT park partially or wholly on the pavement unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs, the visually impaired and people with prams or pushchairs.

It's a silly rule really, I find myself parking half on the pavement when I'm anxious either not to have the entire half of my car destroyed while parked or trying not to create a traffic hazard. :rolleyes:

mrbadexample

Altarf wrote:

Quote from http://www.highwaycode.gov.uk/index.htm

"Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words MUST / MUST NOT. In addition the rule includes an abbreviated reference to the legislation which creates the offence."

"Although failure to comply with the other rules of the Code will not, it itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under Traffic Acts to establish liability."

Yes, "advisory" was a poor choice of word. I meant that the Highway Code is an interpretation of the legislation, not the legislation itself. No-one gets prosecuted for "....contrary to the Highway Code", it's "....contrary to the Road Traffic Act 1988" or whichever piece of legislation is relevant.

Didn't make it especially clear... :doh:

skintchick

OP - you were badly and incorrectly advised, but it is your responsibility to be aware of the law - ignorance is no defence and all that - so I think you should have simply paid it. You'll certainly end up paying more in court than the £30 because they'll probably add costs. I'm afraid you are in the wrong here in the eyes of the law, and will have to literally pay the price.

waster_2

A few things.

The Highway Code is what its title implies, a code. Like any other Code issued by the Government or a government body it has no legal effect in itself but is used to demonstrate that the law (in either an Act, SI, or Regulation) has been broken. It defines good and bad practice and if you do not adhere to its advice you must be able to demonstrate to the Court why not. Otherwise you will be deemed to be guilty

Traffic Wardens are normally employed by the local constabulary. However, unless they specifically instruct you to park where otherwise it is commiting an offence you are guilty. I think you probably received what would be interpreted as either advice or an opinion, but not an instruction/order? Tickets issued by Traffic Wardens and the Police for these offences are (from memory) criminal offences that can be heard in the Magistrates Court.

Parking Attendants are employed by the local authority to enforce the parking regulations in force in that area. If pavement parking is not permitted (4 or 2 wheels on footpath) they can issue Fixed PenaltyTickets accordingly. However, these tickets are not for a criminal but for a civil offence and do not require an appearance at the Magistrates Court. If you do not pay this penalty (and often there is a 50% discount for payment within 14 days) then their remedy is to get a court order for the amount outstanding, which, if not paid will result, normally, in the bailiffs being set loose on you to either collect the by now large sum (costs and fees are now added to the original amount) or otherwise seize goods including your car!!!

seventies1

Just a couple of points.

1: The TW was a police TW, and advised me I was ok to park with two wheels on the kerb as I would be parked next to a tree nad therefore not cause an obstruction.

2: It has gone this far because i have constantly been advised by the police ticket office that the only way to get the letters i have written explaining the circumstances read, is to ask for a court date. I was assured that once they read the circumstances, then the ticket would be quashed.

3: 2 above has been supported by the TW in question who has said that he would quash any ticket issued to a resident of the area unless they were blatently breaking the law, because of the parking situation at the time. This has been echoed by another TW.

Fine, I parked illegally, but only after being told it was legal, and then being led into a court situation. It just dosen't seem right to me. Do you think?

seventies1

As a conclusion to this saga, I have this morning attended court to state my case. The magistrate considered all evidence and granted me an absolute discharge.

So my message is, If you think you are right, fight.

Many thanks for all the messages of support.

Somerset

Seventies1

Just read through this thread. Congratulations !!!!