Fixed penalty notice

[icecool70]

Hi, i received a fixed penalty notice on 31/1/10 for ( Leave vehicle in dangerous posistion) what i wanted to no is can anyone define LEAVE as at no point did i leave my car...so i was wondering if if have grounds to appeal and get away with 3 points and a fine. see to me leave means i walked away and left the car, but thats not what i did.
Thanks

[redcrx]

are you joking?
If the vehicle was at rest then it was left.

id love to see how you get on with an appeal though

[another-view]

lol

I parked my car on the railway lines but it was ok though as I didn't leave it.

numbskull.

[Davethedog]

Exactly what did you do - Was the ticket issued by the police? If it was you better pay it.

[ABerrant]

S. 22 of the Road Traffic Act 1988...

Leaving vehicles in dangerous positions

If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road, he is guilty of an offence.

http://www.opsi.gov.u...52_en_3#pt1-pb5-l1g22

[icecool70]

Let me tell you the whole story. i consider me not to have left,parked whatever you want to call it in a dangerous position...num 1 it was 1230 in the morning,number 2 it was on an industrial estate and num 3 there was no traffic about at that time. the only reason i parked there was i was with a friend who had a problem with his car and as he is alot younger than me wanted my opinion as to see if it was ok to carry on driving it or call the aa out but before we new it the police turned up and gave us both a ticket. but then we as motorists are seen as cash machines.
so i take it that redcrx and another view have never parked where you shouldn't through no fault of your own?

[McMouse]

Most people who are nicked on an industrial estate after midnight would consider a fixed penalty notice something of a result.

[redcrx]

your question asked whether you could appeal because your definition of "leave" was not the same as theirs. The answers reflected that.

It still doesnt matter if you disregared the road laws at midnight, on a insustrial estate or not. The fact is the police claim you were parked dngerously. You now have to appeal against it if you wish.

So had the vehicle broken down?

[icecool70]

Yes the car had gone into what they call limp mode which makes the car very difficult to continue driving, he had a fault light come up on his dash to do with the four wheel drive system. he's since had it in the garage and had the fault fixed.

[redcrx]

but yours and his were both parked dangerously? you dont make it clear really?

[Skyline D]

I don't really see what possible excuse there could be for your car to be parked dangerously (assuming it was) just because his may have broken down? Surely on a quiet industrial estate at night there was plenty of scope to park in a safe location and walk a few yards to his car?

Now if you wish to take issue with whether this was in fact a dangerous location that's a different question but no-one here will be able to answer it for you. You'd need to talk to a lawyer.

I would have thought if your friend's car was ipso facto broken down then he ought not to have been ticketed for it though. That would defy logic. By that logic every car that's ever involved in a traffic accident would also be "left in a dangerous position". I can only presume the police didn't accept it was broken down? If he was in "limp mode" as you say then the very name would suggest it's designed for the car to be driven to a safe location before stopping.

[icecool70]

I see what your saying but he's only 19 and he's only just got his licence and its his first car which he's only owned for 2 weeks and he see this fault come up on his dash and the car wasnt driving the way it should be. so to be fair he didnt have a clue what was wrong and decided to stop albeit not in the best place because he panicked. so i pulled up in front of him and had a look to make sure it was safe for him to continue driving it. the road we stoped on was a nice long straight road,we wasnt parked on a bend,corner,roundabout at a junction or a level crossing. so in all fairness the officers could of just asked us to move and given us a warning not to park there again but nooooooo youv'e got yourself a fpn and 3 points. wasnt interested in anything we had to say....just seems that we were easy pickings and a easy 120 pound earned.

[Davethedog]

Why were you or your friend on an Industrial estate at nigh?. What your friend was or wasn't doing or any thing else apart from the offence is irrelevant.

You say you don't considef that it was in a dangerous position? There are some people who think that going across a red light if no traffic is coming as "safe"

Your friend may have grounds for appeal but I can't see that you have.

The police dont issue tickets to properly parked vehicles.

Exactly how was your car parked? Was it across a road?

[jno]

It might well be worth doing as Eddie says, going to court and telling them your story. They may sympathise - I do, so far, but I've yet to hear exactly what was dangerous or not dangerous about the actual place you parked.

[humpy07]

Not too sure about this - but it may be worth checking to see if the industrial estate was private property?

[dothawkes31]

So you had both pulled over but were both in your respective cars when the police car appeared and the police officer came up to your car? So the policeman would not know why you had pulled over at that spot, because you mustn't have got out of the car. Had your young friend got into your car and left his parked in front of your vehicle when the police car pulled up befind you? Because if he had you would have known why you had pulled over, but if he hadn't got into your car and you hadn't got out of your car, whenh the policeman pulled up you would not have any explanation for him, therefore you must have got out of your car to ask your friend what was up, or your friend must have got out of his car to tell you, so a policeman arrives and you were both in one car in the dark on a deserted industrial estate.