Illegible fixed penalty notice - any legal brains out there?

[LBird]

Found a fixed penalty notice glued to my car windscreen - whilst I can make out the vehicle details etc, the details of the offence are illegible.

There were no circumstances that make me think I had committed an offence - the car was parked at the side of the road, two wheels on the grass verge but NOT on the pavement, the other two in the road a few inches from the kerb, in a 30mph limit. No solid white lines either in the middle of the road nor at the roadside, no junctions or turnings within 200 metres, no pedestrian crossings and no notices of parking restrictions. Not in a bus stop, taxi rank or other restricted zone, not across a driveway or even in front of anyone's house.

Am I missing something? Is parking half on a grass verge illegal? I hadn't obstructed the pavement in any way.

I have the choice of paying up or going to court. It's £30, I'm a student and don't have that to spare (and I don't see why I should pay a fine for a mystery offence I may not even have committed) but if I go to court is there a risk that they'll find against me and I'll have to pay the fine AND costs?

Any ideas anyone? Thanks for help....

[escargot]

is there a phone number on the ticket?

If so, ring them and find out what it's for, then appeal if necessary.

[killsta]

Who was the FPN from?

Plod, council or private company?

[robinhood21]

I would imagine the offence would be parking on the verge. Their argument will probably be, although not restricting pedestrians, you are damaging the verge.

[LBird]

Thanks for your responses. In reply:

FPN issued by plod. There is no phone number, only an address to which to send the fine or the address of the magistrates court.


Is parking on a grass verge an offence for which a FPN can be issued? There were no notices prohibiting it.

[saaby93]

LBird said:

Is parking on a grass verge an offence for which a FPN can be issued? There were no notices prohibiting it.

There'll be someone else along who knows more but the verge is part of the road and unless its a dangerous position it might be for obstructing it if you havent left a metre gap

[^Slider^]

LBird said:

Thanks for your responses. In reply:

FPN issued by plod. There is no phone number, only an address to which to send the fine or the address of the magistrates court.


Is parking on a grass verge an offence for which a FPN can be issued? There were no notices prohibiting it.

Then its probably obstruction of the foot path, which includes the grass verge i believe.

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saaby93 said:

LBird said:

Is parking on a grass verge an offence for which a FPN can be issued? There were no notices prohibiting it.

There'll be someone else along who knows more but the verge is part of the road and unless its a dangerous position it might be for obstructing it if you havent left a metre gap

If there is the Kerb, then grass, then paved area. Then i think the verge will be part of the pavement, not the road.

[saaby93]

Is it more likely to be for leaving 2 wheels on the road? If he'd have left the whole car there he'd have been fine?

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saaby93 said:

Is it more likely to be for leaving 2 wheels on the road? If he'd have left the whole car there he'd have been fine?

What???

Had he parked the whole car on the road he would have been fine, Had he parked the whole car on the footpath hed still get the same.

[LBird]

The car wasn't actually causing an obstruction - there was plenty of room to walk alongside it on the verge instead of the pavement if that's what pedestrians wished to do.... That regardless, I assume plod can do me for it if that's what they want but I don't actually know why the FPN was issued - I can't read it. Is this fact significant?

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LBird said:

The car wasn't actually causing an obstruction - there was plenty of room to walk alongside it on the verge instead of the pavement if that's what pedestrians wished to do.... That regardless, I assume plod can do me for it if that's what they want but I don't actually know why the FPN was issued - I can't read it. Is this fact significant?

I dont know the width of the section you refer to, but you have to allow for wheelchairs and pushchairs etc.

You can call the ticket office by going through the forces non emergency number and speaking to them and they will clarify.

I dont think the inability to read the actual offence will void the ticket as you have a carbon copy and the original will be sent off to the ticket office.

[mcflurry]

If it's a plod notice, then pay it asap or it will go up in price.
If it's an invoice then feel free to pay it on its merits

[skeggysteve]

Sorry for the thread hijack but can anyone tell me what an offence code (on a FPN) LO (0?)39 is?

[^Slider^]

They vary between forces for non endorsable codes so hard to say.

[Dwight VanDriver]

Parked with one or more wheels on any part of a urban road other than a carriageway (footway parking)

PCN code 62

dvd

[LBird]

Thanks DVD - that could apply in my case.

However, there is no offence code on the FPN, nor is the description of the offence legible - do you know if this makes it invalid?

[Dwight VanDriver]

Look at it this way.

FPN issued and placed on vehicle. One has to presume that it was legible when put on.
The effect of weather etc has made items indistinct?. I know of no legal requirement that it has to be put in a weatherproof cover, which is done by practice. So to all intents and purposes served correctly.

You have two options if you cannot read what has been put on the FPN.

(1) Contact the point of issue and see if they will photocopy their copy of the form so that you can read.

(2) or don't accept the FPN, tell them so and they will arrange a Court case on a Not Guilty plea when the offence in all its glory revealed and all the necessary evidence to prove their case will be present, quite possibly to you disadvantage and lightening of you wallet.

dvd

[LBird]

DVD, the notice wasn't affected by weather: it is incomplete and illegible because it was written that way. If the offence had been explained verbally but the officer had mumbled and missed out some words and I hadn't therefore understood properly, I'm sure I wouldn't have to go to court to say "pardon?".

Your point is one I considered at the outset but if I don't know what offence I committed, there is a risk that I'll commit it again and get fined again - and again....

Thanks for your help - keep your fingers crossed for me or my next post may be from jail for not being able to pay a huge fine and court costs! And yes, I DO hope I'm joking....

[Vipers]

Those who park on grass, bugger it up, why not just park on the road and be done with it.