Driving (Moving Traffic) Penalty Charge

[Foss62]

ec1 eex said:

Follow up. I went to a tribunal hearing and got off due to an error on the paperwork from the council.

I thought my strongest point was the PCN was for a driving, (moving traffic) offence. There is a legal precident for what constitutes driving a motorcycle (ignition on, lights on, wearing motorbike leathers and a helmet). I only satisfied 2 of these 4. The chap at the tribunal didn't think this was a strong defence which I found odd. If they'd sent me a parking PCN, my defence would have been that I wasn't parked.

For anyone thinking that you could push your motorbike on the pavement rather than the road, someone had already tried that and lost at the tribunal as the pavement is considered part of the roadway.

I don’t think your legal precedent is correct. You can ride a motorcycle legally on the road without lights actually being fitted let alone on, and wearing leathers is completely up to you. As for the helmet, not wearing one is a relatively minor offence, and certainly irrelevant to whether you could be deemed to be driving a motorcycle.
Having pushed a broken motorcycle some distance in the past (largely on the path), to take it on a train to a specialist repairer, I do agree that it is an interesting case.

[ec1 eex]

Here is a webpage describing the precedents for what legally counts as driving. Note the McKoen v Ellis case which references a motorbike.
https://www.roadlawbarristers.co.uk/when-are-you-d...