Is my case worth defending? (Section 72, Highways Act 1835)

[Crossfit_Pete]

Quite a long story and a fairly unique set of circumstances but basically last year I got into an 'altercation' at a road closure for a sporting event (cycle race).
We'd received advance notification that the whole village would be cut off by road from 09:30-17:00hrs.
I was driving home at about 09:20 and the council had started to implement the road closures, I passed though one set of barriers without issue, then came to a second set. The security guard then stepped out in front of me and told me to turn around. I explained that I was a local resident and needed to get home, there was traffic moving on the other side of the barrier. He basically refused and told be to turn around and park up. I probably would have done this if I'd been in my 'normal' car but I was driving my 1954 Series 1 Land Rover and due to security concerns I was reluctant to do so. Believing that the road had been closed prematurely, I decided to drive around the barrier, in doing so mounting the kerb and traveling partially on a grass verge.
The security guards parting shot, "I'm going to get you nicked".
I thought nothing more of it but two months later two Police Officers turn up at my house and want to speak about the events.
The security guard had alleged that I'd told him to F-off and driven at him whilst he was on the pavement. I was then interviewed at the Station with my solicitor as they were considering charging me with a Public Order Offence etc. That has now all been dropped but I've been charged under Section 72, Highways Act 1835, Driving on a footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers.
The Solicitor I had with me at the Station (paid for by Legal Aid) said he thought I should plead not guilty as neither of us think the verge is the part set aside for pedestrians, there's a separate paved area. The security guard took two photos, one shows my vehicle on the verge, the pavement can be seen next to it and no pedestrians. The other just me driving on the road.
I have now pleaded not guilty and will go to trial in August. I can't apparently get Legal Aid for my defence and have been quoted £1440. inc vat as a fixed fee.
Talking to a friend over a beer last night he thinks I'm mad to pay that sort of money over a relatively trivial offence and should just plead guilty and pay the fine which would probably be a fraction of that.
I can see his point but don't feel inclined to plead guilty if I've not actually committed the offence?
So, what do others think? Is the grass verge set aside for pedestrians or just an unmade section of the roadway?
Should I pay for legal representation or try to defend myself?
Thanks in advance.

Edited by Crossfit_Pete on Saturday 12th May 13:49

[Red 4]

Insert huge popcorn giff here;

This thread has potential ...

[bitchstewie]

You just said you drove on the path and verge, you've been charged with "Driving on a footpath or causeway by the side of any road " but you don't think you're guilty?

If you plead not guilty what's your defence going to be? You mentioned "security concerns"?

[Pica-Pica]

Red 4 said:

Insert huge popcorn giff here;

This thread has potential ...

I’ll revisit come August.

[Red 4]

Pica-Pica said:

I’ll revisit come August.

... 2019.

[Crossfit_Pete]

bhstewie said:

You just said you drove on the path and verge, you've been charged with "Driving on a footpath or causeway by the side of any road " but you don't think you're guilty?

If you plead not guilty what's your defence going to be? You mentioned "security concerns"?

I drove on the verge, not the pavement. If the verge is considered part of the footpath obviously I’m guilty.

[Crossfit_Pete]

Crossfit_Pete said:

paid for by Legal Aid

DELETED: Comment made by a member who's account has been deleted.

So falsely accused of a criminal offence ( Section 5, Public Order ) I should be obliged to pay for my own legal representation?

Edited by Crossfit_Pete on Saturday 12th May 13:50

[Red 4]

Legislation;
https://www.legislation.gov.uk/ukpga/Will4/5-6/50/...

For the benefit of anyone interested.

[anonymous-user]

Crossfit_Pete said:

Crossfit_Pete said:

paid for by Legal Aid

DELETED: Comment made by a member who's account has been deleted.

So falsely accused of a criminal offence I should be obliged to pay for my own legal representation?

To be fair until a judgement is made you don’t know whether, at least officially, you’ve been falsely accused.

My advice having been through a much more serious case of being falsely accused, and racking up an (insured) defence cost of £250k +, I wouldn’t bother. Even after the case being thrown out at half time many costs could never be recovered.

It’s a minor offence and our legal system is so fked up that you could be found guilty even if you weren’t even involved. Not to mention that you’ll be assumed guilty until you prove your innocence. How do you plan to do that?

[Crossfit_Pete]

Crossfit_Pete said:

So falsely accused of a criminal offence I should be obliged to pay for my own legal representation?

DELETED: Comment made by a member who's account has been deleted.

I actually fully expected to pay, I was told there was no requirement to do so. It wasn’t something I had to apply for or that was means tested as far as I’m aware.

[Crossfit_Pete]

REALIST123 said:

Crossfit_Pete said:

Crossfit_Pete said:

paid for by Legal Aid

DELETED: Comment made by a member who's account has been deleted.

So falsely accused of a criminal offence I should be obliged to pay for my own legal representation?

To be fair until a judgement is made you don’t know whether, at least officially, you’ve been falsely accused.

My advice having been through a much more serious case of being falsely accused, and racking up an (insured) defence cost of £250k +, I wouldn’t bother. Even after the case being thrown out at half time many costs could never be recovered.

It’s a minor offence and our legal system is so fked up that you could be found guilty even if you weren’t even involved. Not to mention that you’ll be assumed guilty until you prove your innocence. How do you plan to do that?

I know his allegation that I’d told him to F-off was false as it didn’t happen, that part is not being progressed.
As I’ve said, if the verge is for pedestrians, I’m obviously guilty!

[CoolHands]

Did you have to cross the pavement to get onto the verge?

[cossy400]

Pictures OP Pictures,

Alternatively represent your self.


Your getting a fine anyway so why not risk it?

[Crossfit_Pete]

CoolHands said:

Did you have to cross the pavement to get onto the verge?

No, it’s road, verge, pavement.
People park on the grassed areas every day.

[Crossfit_Pete]

cossy400 said:

Pictures OP Pictures,

Alternatively represent your self.


Your getting a fine anyway so why not risk it?

I will post some pictures.

[Red 4]

Rogers v MInistry of Transport and Kent County Council is one case - not sure if there,'s anything subsequent to that so you'll need to check.

Essentially, the verge is not the footpath. It's part of the road.

You may have been charged with the wrong offence.

Edited by Red 4 on Saturday 12th May 14:36

[Crossfit_Pete]

Red 4 said:

Rogers v MInistry of Transport and Kent County Council is one case - not sure if there,'s anything subsequent to that so you'll need to check.

Essentially, the verge is not the footway. It's part of the road.

You may have been charged with the wrong offence.

This is obviously my opinion also, many thanks for the reference.

[anonymous-user]

Crossfit_Pete said:

This is obviously my opinion also, many thanks for the reference.

Ask to speak with the OIC or their sergeant. Remind them that the only pic they have of you not on the road is on the verge and not the pavement. Remind them of the case above and ask them to review it. May not get to court.

[agtlaw]

Red 4 said:

Rogers v MInistry of Transport and Kent County Council is one case - not sure if there's anything subsequent to that so you'll need to check.

Essentially, the verge is not the footpath. It's part of the road.

As long as there isn't a recognised footpath on the verge; Rodgers v Ministry of Transport [1952] 1 All E.R. 634

[agtlaw]

Crossfit_Pete said:

I can't apparently get Legal Aid for my defence and have been quoted £1440. inc vat as a fixed fee.
Talking to a friend over a beer last night he thinks I'm mad to pay that sort of money over a relatively trivial offence and should just plead guilty and pay the fine which would probably be a fraction of that. ]

I'd have to check but it appears to be a level 2 offence. If so then the maximum fine is £500.

If you pay £1200 + VAT then be aware that you will only get a fraction of that back if successful. There are cheaper options. For example, paying a solicitor a small amount (1 hour max) to make written representations to the prosecuting authority. If the CPS has taken over conduct of the case then talking to police officers involved would be inappropriate.

Avoid so-called "national" solicitors.