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saaby93

32,038 posts

179 months

Friday 12th November 2010
quotequote all
How are you going to get away with stopping on zigzags??
and then texting while in control of a vehicle
Lucky to get away with £60 IMHO

Blukoo

Original Poster:

3,812 posts

198 months

Friday 12th November 2010
quotequote all
saaby93 said:
and then texting while in control of a vehicle
Car was out of gear, and handbrake was on. Does that still count?
Does the engine have to be off? Surely not.

Edited by Blukoo on Friday 12th November 00:35


ETA: "The law states that it is illegal to ride a motorbike or drive a car while you are using a hand held communication device"

I was not driving the car at the time, therefore I have nothing to worry about.

"texting while in control of a vehicle" laugh

Edited by Blukoo on Friday 12th November 00:39

Rollcage

11,327 posts

193 months

Friday 12th November 2010
quotequote all
Blukoo said:
saaby93 said:
and then texting while in control of a vehicle
Car was out of gear, and handbrake was on. Does that still count?
Does the engine have to be off? Surely not.

Edited by Blukoo on Friday 12th November 00:35


ETA: "The law states that it is illegal to ride a motorbike or drive a car while you are using a hand held communication device"

I was not driving the car at the time, therefore I have nothing to worry about.

"texting while in control of a vehicle" laugh

Edited by Blukoo on Friday 12th November 00:39
"Driving" includes being parked up - sorry!

slipstream 1985

12,246 posts

180 months

Friday 12th November 2010
quotequote all
Blukoo said:
EDLT said:
So you were texting while illegally parked.

You do realise that when you lose you'll have an increased fine AND you'll have to pay for court costs. The police won't lose anything.
I'm in Scotland. We don't pay court costs.

Yes, technically I was texting while illegally parked, but I wasn't aware I was parked illegaly at the time. Also, I thought they might have been a little easier on me because I actually pulled over to text.

deevlash said:
What exactly do you hope to achieve at court?!
Maybe they'll trade the points for a larger fine.

Edited by Blukoo on Thursday 11th November 23:58
i know exactly the bit of road you are at. however ignorance is not an excuse and just because you are a decent person and the circumstances in your opinion are safe ie (it was late no one about etc doesn't change the fact you parked where you shouldnt and it was your responsiblity to know if you should be parked there or not. (for others unaware there is a pedetrian crossing just behind the pic)

But i agree it was a real stty way to get 3 points ,the fine fair enough. Its one of those situations i would have thought a copper could have made the choice of a stiff word and on your way.... maybe he was on his probationary period and wasnt allowed to use his judgement

ambuletz

10,755 posts

182 months

Friday 12th November 2010
quotequote all
you should never stop on zigzags. It's an easy booking by the plod.

Cost Captain

3,917 posts

181 months

Friday 12th November 2010
quotequote all
Rollcage said:
Blukoo said:
saaby93 said:
and then texting while in control of a vehicle
Car was out of gear, and handbrake was on. Does that still count?
Does the engine have to be off? Surely not.

Edited by Blukoo on Friday 12th November 00:35


ETA: "The law states that it is illegal to ride a motorbike or drive a car while you are using a hand held communication device"

I was not driving the car at the time, therefore I have nothing to worry about.

"texting while in control of a vehicle" laugh

Edited by Blukoo on Friday 12th November 00:39
"Driving" includes being parked up - sorry!
LOTS of people are done every year for drink driving because they are inside they car with the keys.

So you're pissed, and want somewhere to sleep, you know you're car is close, sit in the back, sleep.

If you are in a vehicle with the keys, you are in control of it. so you cant be prosecuted for all sorts.




At the end of the day, you parked illegally so that you could break the law.

and then you wonder why the police weren't your best mate liked you'd hoped

Harpo

482 posts

183 months

Friday 12th November 2010
quotequote all
Read/drempt/just made up that the engine must be off, with the keys removed from the ignition before you can use the phone.*
Find out what size the zig zags must be and then measure the ones where you got done. If they are not correctly marked, then they can't do you.
If this works, put the £60 towards the eye test! tongue out

  • In the interest of safety, don't do this whilst the vehicle is in motion whilst I'm out on my bike!

Stryke

635 posts

163 months

Friday 12th November 2010
quotequote all
What's the world coming to when someone who breaks the law can't admit it and take it on the chin.

You made an error, and you broke the law. That's it, simple, take the points and pay the fine.

There is no excuse, you can't say 'I didn't see, or I didn't know'.

Would you use the same excuse if you broke the speed limit, 'oh i didn't know the speed limit', or 'oh i didn't see the kid crossing'.

Didn't see or not knowing is not a valid reason.

You clearly have no expirience with courts, and even if you tried to defend it, don't bother attending court without a solicitor.

Take it on the chin and admit you were in the wrong.
Timewaster.

Stryke

635 posts

163 months

Friday 12th November 2010
quotequote all
An additional comment, if the engine is running you are not allowed to make calls or text. Engine has to be off.

TotalControl

8,073 posts

199 months

Friday 12th November 2010
quotequote all
80s Matchbox said:
Blukoo said:
stevoknevo said:
Done bang to rights for parking on zig-zags. There must be a pedestrian crossing out of sight to the left of the photo. Had you parked 50m further on you would have been fine. Take it on the chin for parking outside of your highway code knowledge.
As I said in the original text, there is a crossing, but I had pulled over far enough away not to cause any obstruction or inconvenience.
The image above does show and empty parking spot, but all spaces were full tonight.
I'd also like to add, this was about 21:30 tonight, and the roads were very quiet. Very little moving cars or pedestrians.

I thought the majority of PH's members would back someone trying to argue a case such as this.

The only thing that you can guarantee on PH is that there will be a herd of these galloping on in... wink


OK, a bit off topic, but wtf is that? Looks 'shopped to be some sort of camel-horse bd.

OP, good luck as you'll need it.

schmalex

13,616 posts

207 months

Friday 12th November 2010
quotequote all
OP. Just to echo the other posts here. Whether you felt it was safe to stop there or not is completely irrelevant. The only relevancy is that you were stopped on zigzags. Illegaly. The zigzags could be painted randomly in the middle of nowhere, but stopping on them is still an offence.

I'm really not sure what you are hoping to achieve by going to court. Yes, the officer was maybe a little harsh with handing out points & a fine when a stiff talking to would achieve the same result, but at the end of the day, you broke the law & he caught you bang to rights. You also intimate that your engine was running while you were sending a text. This is also illegal, so to be honest, if I were you, I would cut my losses, be thankful that you didn't get slapped with a (completely lawful, if not appropriate) DWDCA ticket as well & notch it up to experience.

Really, don't go court. You will not win & just look like a numpty.

Bing o

15,184 posts

220 months

Friday 12th November 2010
quotequote all
Stryke said:
Would you use the same excuse if you broke the speed limit, 'oh i didn't know the speed limit', or 'oh i didn't see the kid crossing'.
Oh FFS - PLEASE THINK OF THE KIDS AND THOSE NASTY SPEEDING DRIVERS.

Begone Brake Troll creature and never return!






(OP is still a puppet for parking illegally however).

Pig Skill

1,368 posts

204 months

Friday 12th November 2010
quotequote all
Oh come now OP. Life is full of its share of unfairness and upsets. You must learn to deal with them in a mature and adult fashion. I know it seems unfair but you must deal with it.

Just think of it as part of your development. hehe

matchmaker

8,497 posts

201 months

Friday 12th November 2010
quotequote all
EDLT said:
So you were texting while illegally parked.

You do realise that when you lose you'll have an increased fine AND you'll have to pay for court costs. The police won't lose anything.
Wrong.

saaby93

32,038 posts

179 months

Friday 12th November 2010
quotequote all
ok so the OP was/is a numptie and was lucky not to get 6 points
If he goes to court and says he parked on zigzags and he was texting - he's banged to rights
However no bunnies dies in the making of this thread - he's had the wake up call about the law
The police let him off about the texting, he should keep zipped smiley about that
Stopping on zigzags is a nono but there was another thread a while back about them being marked incorrectly.


Silver940

3,961 posts

228 months

Friday 12th November 2010
quotequote all
Accept the fine and pay up, tad unlucky but you'll never win that, I thought parking on zig zags being a shooting offence was well known.

http://maps.google.co.uk/maps?f=q&source=s_q&a...

That's pretty close to a crossing by the looks of things.

Piersman2

6,599 posts

200 months

Friday 12th November 2010
quotequote all
Blukoo said:
Yes, of course, i'll be more than willing to keep you updated. Whether I win or lose the argument.

It can be a lesson to us all.
Although more for you than the majority of us I expect.



davidjpowell

17,845 posts

185 months

Friday 12th November 2010
quotequote all
I do wonder sometimes if officers North of the border can be more pedantic? Discuss.

Certainly if they then took the time to examine your car afterwards, it would seem that either your car interested them, or you did, or you simply failed the attitude test.

I'm not sure what you plan on gaining by going to court, experience perhaps? Certainly when the court sees the evidence that you were stopped and parked, albeit for short period, on the lines, presumably close to a pedestrian crossing, they can hardly find you 'not guilty'.

CypherP

4,387 posts

193 months

Friday 12th November 2010
quotequote all
In all fairness, yes, it was a simple mistake and one that probably wasn't causing any issues to any other road users. However, you've already admitted to being in the wrong, so contesting this would be pretty stupid, given the circumstances.

The police will have you in a catch 22 with this one anyway. As law states that making a call or using a phone in the car has to be done with the engine off, you are therefore doing one of two things. If your engine is off, you are parked illegally on the zig-zag markings. If your engine is running, you are using your phone whilst in control of a vehicle. Either one is fit for the penalty you received and trying to contest one or the other, or both will just make you look like an incompetent driver and waste both yours and the courts time.

I'd take it as a lesson learned and understand that posting your frustrations over a mistake that you clearly knew you made, doesn't always win you support on a motoring forum.

g3org3y

20,639 posts

192 months

Friday 12th November 2010
quotequote all
Shame the police didn't show a little bit of common sense and let you move on immediately upon offering.

Attitude test fail? Or is it a case of an easy ticket for them to write up? I suspect the latter.

80s Matchbox said:
The only thing that you can guarantee on PH is that there will be a herd of these galloping on in... wink


Seems that way. Amazingly all owners of such animals here in PH seem utter bellends.