Contesting a FPN

[Kos]

There isn't a category for Legal issues so I'll try here...

I got a Fixed Penalty Notice last week for parking within 15mtrs of a junction. I have parked in this road for over 18 months now and never had a ticket before.  (Does anybody else know, off the top of their head, about Highway Code Rule 217 regarding parking within 10 mtrs of a junction?- No- neither did I?)

Since getting the ticket there have been at least 4 other cars parked in the same place every day and none of them have been issued with tickets.

There are no yellow lines or warnings about parking, so I am contesting the ticket. I am also contesting on a technicality that the ticket quotes 'parking within 15m of a junction' whereas the Highway Code states 10m. I have also heard that 'white' FPNs must be handed to the offender and cannot be left on the vehicle- any truth?

What are my chances? What will it cost if I go to court and lose?

If I do lose, can I frustrate the police and phone them every day to report an obstruction and expect them to act (and hopefully get some proper road markings installed)?

[finex]

The highway code is merely a guideline, not the definitive version of the law which would be the Road Traffic Act.

Good luck contesting it, but ingorance of the law is not an offence. If they don't overturn it, you should just take it on the chin and pay up.

Oh, and frustrating the police can be seen as an offence in itself! At the very least, you could just make yourself far more likely to be pulled over and/or ticketed in future.

[cassimer]

Firstly i did know about the 10m rule, but as i only passed my test a couple of years ago, i probably should.

Secondly as finex said, the chances of getting it overturned is very slim. The law is there and you cant use the other cars as an excuse as its all about getting caught doing it and everywhere cant be patrolled all the time.

Thirdly we had a white FPN in York in really dodgy circumstances: they left it on the car, and we couldnt get it overturned.

Good luck though! Councils do vary in their responses...

[Kos]

The FPN was issued by the police so its them I'm having to deal with, not the council

[andy hughes]

I can fully appreciate your frustration at being treated somewhat harshly, but you will have to accept that the law is in place, and you broke it. the fact that you have done so unpunished for a long period of time, and others continue so to do is eqaully frustrating, but carries no weight what so ever in law.

Based on what you have said, your chances of overturning this is court are slim to none - i suggest you play up and grit your teeth on this one one.

The law is not based on what is fair, that's just the way it is.

[Kos]

Grrrrrr! I need to retaliate in some way and make it an onerous task for them for the sake of �30. And also, as a personal protest against them persecuting the easy targets as opposed to real criminals

[ursula62]

I read in the paper a couple of years ago about a guy who paid a parking fine in copper coins.

[Kos]

Sounds good to me Ursula.

Does anybody know what the maximum legal tender limits are? I would love to pay it all in loose 1p coins!!

[kempie]

Legally a person need only accept up to 20p in copper coinage, whereas there is no upper limit on other legal tender, which includes postage stamps as well as coins and banknotes.

[landie]

I think finex means, 'ignorance of the law is not a defence'.

[kempie]

Although I believed my previous answer to be correct I have found this on The Bank of England web-site:

"The concept of legal tender is often misunderstood. Contrary to popular opinion, legal tender is not a means of payment that must be accepted by the parties to a transaction, but rather a legally defined means of payment that should not be refused by a creditor in satisfaction of a debt."

Which means that before the sale of goods or services the provider could specific what coins can be used to pay for the goods or services. Once however you are in debt the provider cannot refuse any legal tender.

http://www.bankofengland.co.uk/banknotes/legaltender.htm

[finex]

Thanks landie, you're right. What I actually meant was, "******, must remember to proof read before posting..." :-)

[THECORBYLOON]

Kos, it's Pemalty Charge Notices that have to be handed to the person in charge of a car or left on the windscreen. These are tickets handed out by council parking attendants and if the attendant is in the process of writing the ticket, you can drive off and there's nothing that they can do about it.

If you go to court and lose, they could impose higher penalties and costs. Why not have a word with the Highways Department of your County Council to see if they imposed a "not within 15 metres" restriction, if not, like you say, the ticked may be flawed.  

[Octavius]

Most poeple should know that there is a rule for parking too close to a junction - and just because you have got away with it for 18 months, it doesn't mean you can get away with it now.

It is a genuine offence (much like parking on the white zig zags near a zebra crossing) since it would impede the vision of other drivers and endanger pedestrians (or obstruct wheelchair users if near the dropped kerb).  Consider yourself lucky that you have got away scot-free for 18 months and pay up.  And let the other mugs park there at risk of being penalised themselves. 

[brian5]

I knew about it, because I actually read the Highway, code, If you read it, you will find all sorts of stuff in there, parking within 15m of a junction is dangerous, traffic has to pull farther out into the road in order to see if anything is coming, creating yet another obstacle/hazzard.

It is unfortunate that so many driver have not got a clue about driving rules and regulations, look at the morons who drive around all day with fog lamps lit, that is an offence, as is parking on zig-zags, as is parking on Double yellows, as is parking on single yellows out with the permitted hours, as is parking on the pavement. or across someones driveway.

Then we have the ones that are not enforcable but should be, morons who think mini roundabouts are only there for other people to go around, those who "straightline" other roundabouts, with no regard for the driver on the inside lane, changing lanes without indicating, or how about the ***** who see a queue of traffic and decide that it's ok for them to go to the head of it, then get ****** off when no one lets them in................

I could go on for days, why don't drivers READ THE HIGHWAY CODE, and follow it, as was already said it is a code not a law, but I think you will find that if you do not follow it, you will find out that these codes do relate to the law and that punishment for breaking the code does cost. breaking the code is not only inconsiderate to other dirvers it is DANGEROUS