Going to Court over Fixed Penalty Notice for parking Advice Required

[Agriv8]

Got a £30 fixed penalty from the police I was parked over the white line not on a path.

I have tried contacting police to discuss with no avail

offence code is RC86405 - obstruction of highway/ verge

There was no - no stopping or no parking signs in the area

Anyone chanced there arm and going to court as it’s a pay or go to court option - worried that if I go to court and they find in favour of police it’s going to cost more than £30

Many thanks 

Agriv8

[Rewulf]

Ask for the evidence from them, if they dont have it , case closed.

[Good shot?]

Bordering on extremely unfair to prosecute at least, based on what can be seen from pics.

[TIGHTCHOKE]

Tell them you wish to go to court and state that your photographic evidence will stop their pointless prosecution.

Offer to send it in as soon as they wish to see it.

Edited December 16, 2020 by TIGHTCHOKE

[Walker570]

Is that a road edge indication line? Looks like it. I was not aware it was an offence to park on or near them, but your photo seems to indicate your off the road...or they need to resurface it.  Parking on double whites and the solid side where it is intermittent on one side is/was an offence but that does not appear anyhting like that. 

I would tend to put it on their toes.  

[Rossco89]

I wonder is that a footpath along the road? Is there houses nearby?

If say, someone was walking along the footpath with a pram and couldn’t get past the van without going onto the road that is classed as an obstruction. 
 

The offence wording doesn’t sound quite right for that though. 
 

If you go to court and represent yourself you will only have to pay if convicted.

[Loki]

Hi

Looks like edge of carriageway road marking - denotes the made (tarmac) and unmade as it seems adjacent in photo - usually verge etc.

Without other photos of the surroundings difficult to say - a bend in front or behind the parked vehicle? an access?.....

The Local Highway Authority should be able to clarify what the line in that location is for.

L

Edited December 16, 2020 by Loki

[VicW]

Is your left hand side next to the kerb, if so you could be parked in a cycle path which is an offence. It is not an offence if the white line is broken into dashes. Cycle paths are usually marked by painted signs in the road.

Vic.

[Agriv8]

Wow thanks guys.

no on a strait pice of road. 
 

There is a path to the left ( not shown )

I get that I am parked on the verge but not blocking access / view 

Any idea if it’s set costs if I loose ? It’s not really about the £30 it’s about thinking I was parked ok.

[Agriv8]

No cycle path at all.

The road is straight walked the dog round the wood / moors as training different surroundings etc  ( more dogs and people than my usual woods )

 If I was parked over the line I could understand as an obstruction.

I have tried to talk to issuing officer and or supervisor but the issuing police station is closed due to Covid-19 

Thanks for your Help Agriv8 

 

[ninjaferret]

For £30 i would pay it. Rub them up the wrong way and come renewal time who knows..............................

[243deer]

I had a quick search of the highway code on the gov website. I found that the line is called an 'edge line' but could find no rules associated with.

When I was learning over 40 years ago I seem to recall being told that you should not cross solid white lines on offside or nearside but that was a long time ago.

If you are going to question this then if you also cannot find relevant rules in the highway code maybe this could be used as a defense of sorts.

[Agriv8]

I had resigned myself to paying it . But the stubborn part of me thinks why should I when I don’t believe I have done anything wrong.

the main stumbling block for me is that this is such a grey Area that there is likley something that could end me getting a fine.

if I did go to court is there anyway of working out what the max they could fine me - I guess that is the ultimate decision maker !

thanks Agriv8 

[JDog]

Can you prove that your photos were contemporaneous with the time of the ticket?

[timps]

As there is no pavement you could be breaking the law. Not too sure on costs but the penalty for non endorsable fines is usually 50% more and court costs on top. 
 

“In some cases, the single white line is there to indicate that there’s no pavement – if this is the case then it’s illegal to park there.”
 

https://www.theaa.com/driving-advice/legal/parking-guide-yellow-lines#white

 

Edited December 16, 2020 by timps

[oowee]

2 minutes ago, timps said:

As there is no pavement you could be breaking the law. Not too sure on costs but the penalty for non endorsable fines is usually 50% more and court costs on top. 
 

“In some cases, the single white line is there to indicate that there’s no pavement – if this is the case then it’s illegal to park there.”
 

https://www.theaa.com/driving-advice/legal/parking-guide-yellow-lines#white

 

Thats as clear as mud.

Where the road has a solid, unbroken white line running along the side, parking is considered legal.

[Agriv8]

Oh the as article might have swung in favour of paying 

From link

 

Single white line parking

Where the road has a solid, unbroken white line running along the side, parking is considered legal.

In some cases, the single white line is there to indicate that there’s no pavement – if this is the case then it’s illegal to park there.

My only answer to that would there not need to be no stopping and or parking restrictions signs

there was a break in the line but the info on the as site is the sort of hidden madness that they could get me on and fine me heavily for !

thanks for your continued input 

Agriv8

[TIGHTCHOKE]

I would surmise that looking at the situation, the solid white line at the very edge of the carriageway is there to denote the edge of the carriageway!

[timps]

10 minutes ago, oowee said:

Thats as clear as mud.

Where the road has a solid, unbroken white line running along the side, parking is considered legal.

If there is a pavement and a solid white line you can park on the road.
 

However where there is no pavement it could be considered illegal.

Also making pedestrians walk into the road because their pathway is obstructed can also be considered illegal. 
 

Why they state  “considered” is quite simply that it is up to the magistrate to decided if it was to indicate no pavement or if it was causing an obstruction. 

The usual test is can they get a pram past without going into the road.

Magistrates are normally irritated by motoring offences and very rarely give you time to speak. My mate tried to fight a fixed penalty 3 points £100 fine just last week. They didn’t let him speak and just gave him 3 points and a bill for £500 for his troubles.

 

 

[oowee]

25 minutes ago, TIGHTCHOKE said:

I would surmise that looking at the situation, the solid white line at the very edge of the carriageway is there to denote the edge of the carriageway!

Thats what I would have thought. Particularly to mark the edge when driving at night. I would happily park on the other side of it particularly if it was a country verge, assuming the police had no traffic jurisdiction off road. 

[AVB]

We had a similar situation around the national trust forest nearby. People were getting tickets for parking on the verge ‘inside’ the white line. They have now made it a ‘red route’ which is bizarre for a country Lane. 

[gdadphil]

Hi there

I'm not a lawyer but as an HR professional advising people who wanted to take their employer to Court I often had to advise them that they shouldn't expect justice and the stress of going through the Court would be impactful.

personally I would pay £30 as a fixed notice . I don't think it means a criminal conviction.

Do you know what sanction the Court could impose if you lost. if it is a fine then I think it IS a criminal conviction with all that means inc declaring it on renewal

 http://hub.unlock.org.uk/knowledgebase/court-fine/

talk to Citizens Advice or a friendly solicitor

 

cheers

gdadphil

[Agriv8]

Thanks again all.

it’s a non endorsement ticket but as you say In most cases motorist is now guilty until proven innocent ( if allowed to do so )

I repeat the Made path runs in the wood to the near side of the vehicle. Citizens advice would require appointments and time that I don’t have.

if there is a risk that they will not even hear my evidence it looks like I will have to pay up and move on.

yes very similar to national trust but the ticket was issued without it being red route.

ATB Agriv8 

[Gordon R]

Timps has summed it up succinctly - as usual - pay it. I would always be reluctant to pay something if I was unsure I was in the wrong. £30 isn't worth the time and trouble of attending court, with any risk of increased costs.

[Mickeydredd]

21 hours ago, Agriv8 said:

offence code is RC86405 - obstruction of highway/ verge

 

I'd imagine the charge is for obstructing the verge.  Obstruction of what I'm not sure (given there is a parallel footpath in the safety of the woods!)