Received police ticket - Unnecessary Obstruction

[spsoton]

Anyone had one of these before?

Just returned to my car and a police ticket has been attached to my window for £30. On the ticket is written "Unnecessary Obstruction - Parking within 10m of junction"

I and others have parked at the same place for years so a little shocked at the ticket. I will hold my hands up and say I was 100% parked within 10m of the junction but it's the normal in this area.

[Du1point8]

spsoton said:

Anyone had one of these before?

Just returned to my car and a police ticket has been attached to my window for £30. On the ticket is written "Unnecessary Obstruction - Parking within 10m of junction"

I and others have parked at the same place for years so a little shocked at the ticket. I will hold my hands up and say I was 100% parked within 10m of the junction but it's the normal in this area.

Ok... so because you have ignored the highway code for years, its an absolute mystery why you have finally got done once in a while, bit like saying I always run this set of red lights, everyone round here does, so its a mystery why I have finally got done for actually doing it.

Maybe google the highway code or even better go and read it as I personally hate it when I can't see out of junctions because someone has parked way too close.

Code below:

243
DO NOT stop or park:

near a school entrance
anywhere you would prevent access for Emergency Services
at or near a bus or tram stop or taxi rank
on the approach to a level crossing/tramway crossing
opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
near the brow of a hill or hump bridge
opposite a traffic island or (if this would cause an obstruction) another parked vehicle
where you would force other traffic to enter a tram lane
where the kerb has been lowered to help wheelchair users and powered mobility vehicles
in front of an entrance to a property
on a bend
where you would obstruct cyclists’ use of cycle facilities
except when forced to do so by stationary traffic.

[spsoton]

Du1point8 said:

Ok... so because you have ignored the highway code for years, its an absolute mystery why you have finally got done once in a while, bit like saying I always run this set of red lights, everyone round here does, so its a mystery why I have finally got done for actually doing it.

Maybe google the highway code or even better go and read it as I personally hate it when I can't see out of junctions because someone has parked way too close.

Code below:

243
DO NOT stop or park:

near a school entrance
anywhere you would prevent access for Emergency Services
at or near a bus or tram stop or taxi rank
on the approach to a level crossing/tramway crossing
opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
near the brow of a hill or hump bridge
opposite a traffic island or (if this would cause an obstruction) another parked vehicle
where you would force other traffic to enter a tram lane
where the kerb has been lowered to help wheelchair users and powered mobility vehicles
in front of an entrance to a property
on a bend
where you would obstruct cyclists’ use of cycle facilities
except when forced to do so by stationary traffic.

That part of the highway code you just quoted is not written in law. Like I said I hold my hands up but wondering if you could get off of it as parking within 10m of a junction is not an actual offence just guidance.

[Du1point8]

The highway guidance sheet says this...

Many of the rules in The Highway 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.

So the fact that it has the word NOT in the rule means its a legal requirement not to do it, so when it says DO NOT park or stop, opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space.

It actually means its a legal requirement not to do what you have been doing for years, just because you have ignored it and got away with it.

Take it on the chin and stop doing it otherwise I would expect the person who ticketed you will be round to do you on a regular basis.

If however you feel this is just guidance, then please tell them you will see them in court, argue an amazing case about it being a guide, so not enforceable in any way and get the ticket squashed.

Please come back when you have done the above to show us the highway code is just a guide in this area.

[HantsRat]

Du1point8 said:

The highway guidance sheet says this...

Many of the rules in The Highway 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.

So the fact that it has the word NOT in the rule means its a legal requirement not to do it, so when it says DO NOT park or stop, opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space.

It actually means its a legal requirement not to do what you have been doing for years, just because you have ignored it and got away with it.

Take it on the chin and stop doing it otherwise I would expect the person who ticketed you will be round to do you on a regular basis.

If however you feel this is just guidance, then please tell them you will see them in court, argue an amazing case about it being a guide, so not enforceable in any way and get the ticket squashed.

Please come back when you have done the above to show us the highway code is just a guide in this area.

You are wrong. This section is not a legal requirement. The word NOT does not signify this, the words MUST NOT do. There is no legislation that states the 10m rule. I would be paying though. It's only £30.

Edited by HantsRat on Monday 6th July 12:32

[dig123]

I should be aware of this but was not, the below is from the gov web site make interesting reading. I understand not parking close to junctions but if you drive round an area of most towns where the houses do not have drives the police could make a fortune. But according to below you shold not get a ticket for it, but they may have another reason only you know if you where causing an obstruction.

This Highway Code applies to England, Scotland and Wales. The Highway Code is essential reading for everyone.

The most vulnerable road users are pedestrians, particularly children, older or disabled people, cyclists, motorcyclists and horse riders. It is important that all road users are aware of The Highway Code and are considerate towards each other. This applies to pedestrians as much as to drivers and riders.

Many of the rules in The Highway 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. See an explanation of the abbreviations.

Although failure to comply with the other rules of The Highway Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

Knowing and applying the rules contained in The Highway Code could significantly reduce road casualties. Cutting the number of deaths and injuries that occur on our roads every day is a responsibility we all share. The Highway Code can help us discharge that responsibility. Further information on driving/riding techniques can be found in ‘The Official DVSA Guide to Driving - the essential skills’ and ‘The Official DVSA Guide to Riding - the essential skills’.