help needed - is it illegal ...
Discussion
to park on double yellows which are faded, incomplete and indistinct, and didnt have a yellow line painted as an end stop on one end.
also there were no 'no parking' signs in the vicinity of the whole yellow line.
also, my parking ticket was issued by a young BiB for a road I wasnt on - the 'high street' when I was parked off the high street on a feeder road to a car park.
my ticket was incorrect in the time I was parked - stating it was 1205 - (blank ....i.e. not completed) when in fact I saw and spoke to the officer at 1225, and I have proof I was elsewhere at 1203 and couldnt have been there at 1205 ..... (I parked at approx 1215 when plod wasnt there)
plus - I remember the two officers were not wearing hats (does this matter), and had parked their car just behind me on the faded double yellows .......
so I have appealed on the grounds of the faded and incomplete lines, plus time and place errors but just got the reply back saying they are not going to excuse payment.
of course its only 30 squid but I dont want to admit doing something I didnt do in an area I believe in not a legal 'no parking' zone.
legal help costs about £40 just to ask if its a fightable case ....... so its daft to go to a solicitor
anyone here know if I have a case to fight in front of the magistrates ?
any constructive help appreciated
Before submitting certain facts for your consideration can you confirm that it was a proper Bib that issues the ticket or a Traffic warden (Police employed) or a Parking Attendant (LA employed.)
Notice given is it a Fixed Peanlty Ticket i.e. if not paid proceedings go to Mags Court or a Penalty Charge Notice (monies recovered as a Civil debt).
Lastly name the area involved. Is it a large connurbation that is likely to have a Permitted Parking Area and Special Parking Area Order applicable.
In the meantime GET PHOTOGRAPHS of missing T bars, missing parts and illegible double yellows on that section as evidence, you may need them.
dvd
Notice given is it a Fixed Peanlty Ticket i.e. if not paid proceedings go to Mags Court or a Penalty Charge Notice (monies recovered as a Civil debt).
Lastly name the area involved. Is it a large connurbation that is likely to have a Permitted Parking Area and Special Parking Area Order applicable.
In the meantime GET PHOTOGRAPHS of missing T bars, missing parts and illegible double yellows on that section as evidence, you may need them.
dvd
it was a couple of plod in uniform without hats ..... in fact I remarked to my pal at the time I wondered who those two were ooogling my car as they werent recognisable as plod from a distance.
it was in llandaff cardiff
see multimap here www.multimap.com/map/browse.cgi?client=public&X=315500.885620829&Y=178000.467363494&width=500&height=300&gride=&gridn=&srec=0&coordsys=gb&db=&addr1=&addr2=&addr3=&pc=&advanced=&local=&localinfosel=&kw=&inmap=&table=&ovtype=&keepicon=&zm=0&scale=5000&in.x=8&in.y=10
in the un-named road half way up the high street
the road leads to a car park which is often full - nursery there so mums picking up kids at lunchtime, plus its a car park for the cathedral. its a quite feeder road in a sleepy part of the city.
I got several digital snaps illustrating my point but have been reading they are aparently inadmissable as evidence - is this the case ?
it was in llandaff cardiff
see multimap here www.multimap.com/map/browse.cgi?client=public&X=315500.885620829&Y=178000.467363494&width=500&height=300&gride=&gridn=&srec=0&coordsys=gb&db=&addr1=&addr2=&addr3=&pc=&advanced=&local=&localinfosel=&kw=&inmap=&table=&ovtype=&keepicon=&zm=0&scale=5000&in.x=8&in.y=10
in the un-named road half way up the high street
the road leads to a car park which is often full - nursery there so mums picking up kids at lunchtime, plus its a car park for the cathedral. its a quite feeder road in a sleepy part of the city.
I got several digital snaps illustrating my point but have been reading they are aparently inadmissable as evidence - is this the case ?
I dealt with a similar ticket for my friend. The double yellows were incomplete, no t-bars, no signs indicating restricted parking. Westminster dropped it straight away and they aren't exactly known for their flexibility even when they don't have a leg to stand on.
I sent a few print outs of various pictures I'd taken along with four lines of representation and that's it.
Best of luck. BTW, the BiB can park on the same area and don't have to be wearing their hats. Sounds to me like its a young officer doing tickets for the experience. Normally they wouldn't get involved in parking issues unless its controlled zones of crossings or a full on obstruction.
I sent a few print outs of various pictures I'd taken along with four lines of representation and that's it.
Best of luck. BTW, the BiB can park on the same area and don't have to be wearing their hats. Sounds to me like its a young officer doing tickets for the experience. Normally they wouldn't get involved in parking issues unless its controlled zones of crossings or a full on obstruction.
Landaftaf
Right here we go.
From what you say and from my limited research it would appear that Cardiff have not applied under Road Traffic Act 1991 to be granted the status of Permitted Parking Area and Special Parking Area. If so granted then that would have decrimininalised the offence of parking on a double yellow line, taking enforcement away from the Police themselves or Police appointed Traffic Warden and into the hands of the local Authority/Parking Attendant. The effect of this is that Magistrates Court is not involved and penalties recoverable as a civil debt. In your case you got the attention of BiB so to me that means that you got a Fixed Penalty Notice which if not paid then the offence will be dealt with at a Magistrates Court where a plea of Not Guilty will open up an avenue to argue your case.
To bring the yellow lines into being then under The Road Traffic Regulation Act 1984 a Traffic Regulation "No Waiting" Order is required and this will stipulate the actual length of road involved and its extent. A copy of this will be at Cardiff Traffic Management Department or Plodshop. Cardiff Reference Library may have a copy. Consider viewing the order to ensure where you were parked is covered or not. They may well have stated an area not mentioned in the Order. If not you are home and dry. Also note what it states about signing the restriction.
With the making of the Order is a requirement Under Reg 11 Traffic Signs and General Directions 2002 that a sign for conveying information or a warning, requirement, RESTRICTION, PROHIBITION or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram.
See:
www.tinyurl.com/b9kq
Scroll down until you get a list for the sign diagrams.The sign for DYL is Diagram 1018.1. Note the fact that it is a CONTINOUS LINE, no gaps etc and the start and end marked with a distinctive T Bar towards the kerb (often missing).The more that you can show deviations from that required eg large patches missing etc the stronger your arguement. It should be accompanied by a small yellow plate at intervals to give more precise details of the times of the operation of the restriction i.e. at any time DYL. This is not required if a Permitted Parking Area and Special Parking Parking Area Order has been made at this detail will be on the sign indicating the start of the Controlled Zone.
Under the law a Traffic Sign is held to have been lawfully placed until the contrary is proved. If you can prove that the signage does not conform then it is not lawful and the Traffic Order unenforceable.
In rejecting your initial submission (often happens) they have placed the onus on you to argue your case before the Magistrates. The more you can come up with the better for you to consider running a Not Guilty Plea and your photographs, best taken with a none digital camera, taken into account. However if you can show the signage is wrong full details sent to CPS before the case goes to Court may make them reflect that they are not on a winner and they MAY drop.
Two further areas of help for you in this. Present the evidence you have at a session with Citizen Advice Solicitor free and bear in mind that on a Not Guilty plea you should qualify for help to present your case at Mags Court with the Duty Court Solicitor (but I would check days before hand after service of summons).
Hope this gives you some idea and keep us updated on your progress.
dvd
>> Edited by Dwight VanDriver on Sunday 11th December 15:50
Right here we go.
From what you say and from my limited research it would appear that Cardiff have not applied under Road Traffic Act 1991 to be granted the status of Permitted Parking Area and Special Parking Area. If so granted then that would have decrimininalised the offence of parking on a double yellow line, taking enforcement away from the Police themselves or Police appointed Traffic Warden and into the hands of the local Authority/Parking Attendant. The effect of this is that Magistrates Court is not involved and penalties recoverable as a civil debt. In your case you got the attention of BiB so to me that means that you got a Fixed Penalty Notice which if not paid then the offence will be dealt with at a Magistrates Court where a plea of Not Guilty will open up an avenue to argue your case.
To bring the yellow lines into being then under The Road Traffic Regulation Act 1984 a Traffic Regulation "No Waiting" Order is required and this will stipulate the actual length of road involved and its extent. A copy of this will be at Cardiff Traffic Management Department or Plodshop. Cardiff Reference Library may have a copy. Consider viewing the order to ensure where you were parked is covered or not. They may well have stated an area not mentioned in the Order. If not you are home and dry. Also note what it states about signing the restriction.
With the making of the Order is a requirement Under Reg 11 Traffic Signs and General Directions 2002 that a sign for conveying information or a warning, requirement, RESTRICTION, PROHIBITION or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram.
See:
www.tinyurl.com/b9kq
Scroll down until you get a list for the sign diagrams.The sign for DYL is Diagram 1018.1. Note the fact that it is a CONTINOUS LINE, no gaps etc and the start and end marked with a distinctive T Bar towards the kerb (often missing).The more that you can show deviations from that required eg large patches missing etc the stronger your arguement. It should be accompanied by a small yellow plate at intervals to give more precise details of the times of the operation of the restriction i.e. at any time DYL. This is not required if a Permitted Parking Area and Special Parking Parking Area Order has been made at this detail will be on the sign indicating the start of the Controlled Zone.
Under the law a Traffic Sign is held to have been lawfully placed until the contrary is proved. If you can prove that the signage does not conform then it is not lawful and the Traffic Order unenforceable.
In rejecting your initial submission (often happens) they have placed the onus on you to argue your case before the Magistrates. The more you can come up with the better for you to consider running a Not Guilty Plea and your photographs, best taken with a none digital camera, taken into account. However if you can show the signage is wrong full details sent to CPS before the case goes to Court may make them reflect that they are not on a winner and they MAY drop.
Two further areas of help for you in this. Present the evidence you have at a session with Citizen Advice Solicitor free and bear in mind that on a Not Guilty plea you should qualify for help to present your case at Mags Court with the Duty Court Solicitor (but I would check days before hand after service of summons).
Hope this gives you some idea and keep us updated on your progress.
dvd
>> Edited by Dwight VanDriver on Sunday 11th December 15:50
many tnx - off to the library tomorrow.
strange thing is when I wrote to the appeals desk I included the fact that these painted lines were incomplete and I had photographic evidence to illustrate my claim .......... made no difference to the answer I got. perhaps they didnt read the whole letter.
I will keep you posted
brgds
strange thing is when I wrote to the appeals desk I included the fact that these painted lines were incomplete and I had photographic evidence to illustrate my claim .......... made no difference to the answer I got. perhaps they didnt read the whole letter.
I will keep you posted
brgds
You keep worrying me with this mention of appeals desk which also indicates to me that the ticket you were given is a Penalty Charge Notice with the scheme being operated by Local Authority and therefore an Order granted to consolodate parking enforcement by local authority.
Normally for a Police Fixed Penalty Notice it is a trip to Mags Court Office to pay or if you don't it is Mags Court.
If it is a Penalty Charge Notice then an approach to Local Authority invariably means a rejection as they need the cash. You then have to invoke the Appeals system right through to the Adjudicator who takes a more senisble view on things to ensure they are right. There should be some information on the Notice.
Same system as you have to amass the evidence to convince him the signing is wrong. From what you say a sight of the Order which you can quote when traced will show that where you were parked is not mentioned???? together with photos of the signing showing they do not conform and why (you now have the Law)should result in what you are after.
dvd
Normally for a Police Fixed Penalty Notice it is a trip to Mags Court Office to pay or if you don't it is Mags Court.
If it is a Penalty Charge Notice then an approach to Local Authority invariably means a rejection as they need the cash. You then have to invoke the Appeals system right through to the Adjudicator who takes a more senisble view on things to ensure they are right. There should be some information on the Notice.
Same system as you have to amass the evidence to convince him the signing is wrong. From what you say a sight of the Order which you can quote when traced will show that where you were parked is not mentioned???? together with photos of the signing showing they do not conform and why (you now have the Law)should result in what you are after.
dvd
firstly - sorry I have made this thread so difficult to read .... must have been the web address posted earlier
however - the answer to my appeal has arrived - !!!!! rejected !!!! FFS
it states the plod concerned has reported the double yellow lines were in good order and a sign was positioned 10 paces away in front of the vehicle.
So - the yellow lines in the area I parked were broken (photos to back it up), further on ahead of my vehicle they disappeared completly and ended up without the 'famous' 'T' bar ending.
next there was no sign on my side of the road throughout the area in dispute - and there are still none today, but there is one on the other side of the road -
Question - does a sign on the other side of the road cover the opposite side ?
apart from the total innaccuracies stated in the rejection of my appeal - which I find completly amazing as the proof of it is there today for all to see - anyone know of any reason why this willfull perseverence by the BIB that what they are insisting on is something that is so blatently untrue ....... are they so inept as to not even bother checking their facts ?? GGGRRRRRRRRRR
any comments ?
however - the answer to my appeal has arrived - !!!!! rejected !!!! FFS
it states the plod concerned has reported the double yellow lines were in good order and a sign was positioned 10 paces away in front of the vehicle.
So - the yellow lines in the area I parked were broken (photos to back it up), further on ahead of my vehicle they disappeared completly and ended up without the 'famous' 'T' bar ending.
next there was no sign on my side of the road throughout the area in dispute - and there are still none today, but there is one on the other side of the road -
Question - does a sign on the other side of the road cover the opposite side ?
apart from the total innaccuracies stated in the rejection of my appeal - which I find completly amazing as the proof of it is there today for all to see - anyone know of any reason why this willfull perseverence by the BIB that what they are insisting on is something that is so blatently untrue ....... are they so inept as to not even bother checking their facts ?? GGGRRRRRRRRRR
any comments ?
Is that the decision of the final port of call for the appeal process i.e. the Parking Adjudicator?. As I see it appealing is a three stage process.
1. Initial reply to LA who invariably send back
2. Official appeal to LA, rule 1 seems to apply
3. Final appeal to the Parking Adjudicator who accesses all the evidence. Your photos should disprove the allegation of Plod signs were OK.
Not sure how you can take if further than stage 3 without incurring some hefty bills and High Court.
dvd
1. Initial reply to LA who invariably send back
2. Official appeal to LA, rule 1 seems to apply
3. Final appeal to the Parking Adjudicator who accesses all the evidence. Your photos should disprove the allegation of Plod signs were OK.
Not sure how you can take if further than stage 3 without incurring some hefty bills and High Court.
dvd
I sent the fotos to the adujicator ....... they replied with the assertion plod says as (load of bollox) posted previously ........ so the appeal is dismissed
the fotos show there were no signs posted and lines were missing, and where I parked they were missing altogether ...... but it seemingly made no difference - appeal dismissed
how can foto evidence from moi be so totally ignored ? am I going mad ? has 1984 and mr wells' scenario arrived ......
if I go to court and win, can I claim for the plod lying and insisting on wrongful accusations, stress, mental anguish ..... being pissed off over xmas and wrecking my normally tranquil existance.
is there any real recourse to compensate for a demonstrable wrongful accusation ?
the fotos show there were no signs posted and lines were missing, and where I parked they were missing altogether ...... but it seemingly made no difference - appeal dismissed
how can foto evidence from moi be so totally ignored ? am I going mad ? has 1984 and mr wells' scenario arrived ......
if I go to court and win, can I claim for the plod lying and insisting on wrongful accusations, stress, mental anguish ..... being pissed off over xmas and wrecking my normally tranquil existance.
is there any real recourse to compensate for a demonstrable wrongful accusation ?
The fact that LA have ressonsibilty for issuing tickets means the system has been decriminilised and Penalty Charges are a civil matter that do not involve criminal law and their Courts.
You are now tied in with the Civil side and I do not know how one appeals against the decision of a Parking Adjudicator other than invoking Civil Law of which I have little knowledge. Had it been a Mags Court decision then one could go up to Crown Court and on and on to House of Lords.
What you say does confirm a feeling I have is that on the civil side they take a lesser view on the letter of the law and more on the spirit of the law. Signs, whilst not totally complying, provided they give the information intended, are being looked upon as correct.
What I would suggest is that you have word with a Solicitor (Citizens Advice Bureau)
to see what he can make of it.
dvd
You are now tied in with the Civil side and I do not know how one appeals against the decision of a Parking Adjudicator other than invoking Civil Law of which I have little knowledge. Had it been a Mags Court decision then one could go up to Crown Court and on and on to House of Lords.
What you say does confirm a feeling I have is that on the civil side they take a lesser view on the letter of the law and more on the spirit of the law. Signs, whilst not totally complying, provided they give the information intended, are being looked upon as correct.
What I would suggest is that you have word with a Solicitor (Citizens Advice Bureau)
to see what he can make of it.
dvd
as I was issued the ticket by a plod, I believe I am off to the magistrates court.
so before I go before my peers I was wondering how the appeals system can be so inneffectual as to be completly useless .... it seems they didnt read my letters or view the fotos ...... clear as day the lines were broken and there were no signs posted.
can post my appeal letter here but not sure how to do fotos ....
anyway, forumites will have to await my court case to find out how I got on, I am interested how I can protest my amazement at the bigots paid to oversee the appeals system - and punish plod for making outragous statements stating something is there when its so obviously not ...... unbelievable ...... amazing ....... %^$£"&& ...... speechless
GGrrrrrrr
so before I go before my peers I was wondering how the appeals system can be so inneffectual as to be completly useless .... it seems they didnt read my letters or view the fotos ...... clear as day the lines were broken and there were no signs posted.
can post my appeal letter here but not sure how to do fotos ....
anyway, forumites will have to await my court case to find out how I got on, I am interested how I can protest my amazement at the bigots paid to oversee the appeals system - and punish plod for making outragous statements stating something is there when its so obviously not ...... unbelievable ...... amazing ....... %^$£"&& ...... speechless
GGrrrrrrr
I am confused. You indicate that you have appealed this through the LA and the Parking Adjudicator ... then you say you're "off to court". Which is it? As DVD has so clearly stated, it must be one or the other, criminal court or civil - Streaky
PS - I'm somewhat lost WRT your reference to "1984 and mr wells' scenario". To which of Mr Wells' (I presume H G) "scenarios" do you refer? Or did you mean Eric Blair? - S
PS - I'm somewhat lost WRT your reference to "1984 and mr wells' scenario". To which of Mr Wells' (I presume H G) "scenarios" do you refer? Or did you mean Eric Blair? - S
sorry for any confusion .......
plod gave me a ticket, I wrote to the central ticket office stating my case i.e. my ticket stated the incorrect time, incorrect place, there were no 'no parking' signs posted and the area had faded/broken lines ....... it was rejected.
so I got legal advice who suggested I wrote again sending in the photos, which I sent in - plus a copy of the cutting re the appeal of Simone Langley (she who sucessfully appealed recently to exactly the same issue in manchester)........ and this was rejected.
(incidentally I also spoke to the highway department who thanked me for drawing his attention to the matter, and also stated the incomplete line made the parking ticket un-enforceable as the signage was incomplete)
the second rejection letter stated the plod who issued the ticket said the lines wernt broken and there was a 'no parking' sign ten feet away from where I was parked!
dunno wot planet this plod is on as there is no sign anywhere on that side of the road, I sent in photos of every lamp post there to show this ..... and of course the faded broken lines, including the missing end 't' painted line.
I can only assume plod is lying in the hope I would drop the case, instead it seems I am forced to go to court!
FFS
plod gave me a ticket, I wrote to the central ticket office stating my case i.e. my ticket stated the incorrect time, incorrect place, there were no 'no parking' signs posted and the area had faded/broken lines ....... it was rejected.
so I got legal advice who suggested I wrote again sending in the photos, which I sent in - plus a copy of the cutting re the appeal of Simone Langley (she who sucessfully appealed recently to exactly the same issue in manchester)........ and this was rejected.
(incidentally I also spoke to the highway department who thanked me for drawing his attention to the matter, and also stated the incomplete line made the parking ticket un-enforceable as the signage was incomplete)
the second rejection letter stated the plod who issued the ticket said the lines wernt broken and there was a 'no parking' sign ten feet away from where I was parked!
dunno wot planet this plod is on as there is no sign anywhere on that side of the road, I sent in photos of every lamp post there to show this ..... and of course the faded broken lines, including the missing end 't' painted line.
I can only assume plod is lying in the hope I would drop the case, instead it seems I am forced to go to court!
FFS
the stance I am thinking of taking is something along the lines ....
so P.C. x, do you have your notebook with you .........
ok, so where were you at 1205
oh, really, and where were you at 1215 - I see, the reason I ask is I arrived at the parking place approx 1215 and you wernt there then
well if you arrived at XXX , why did you start writing out the parking ticket at 1205 ? oh, you misread your watch at 1220 and wrote 1205 instead ...... why didnt you complete the time as the ticket is supposed to be from a time to a time.
so - you completed the ticket stating I was on the high street, yet I was on the access road to the car park - why was that ? I see, another mistake huh.
now, the area my car was parked, did you look to see if it was marked in accordance with the road traffic act 1991, in particular schedule 6, subsection 1018.1 ?
you did - we will come back to that later ....
you didnt, well if you did then you would have noticed the road markings were not in accordance with that schedule in that they were not continious, as they were broken, and that there was no end 't' bar as required in the schedule. schedule 6 sunsection 1018.1 clearly states there is no variation allowable from those laid down in schedule 6.
did you notice there was no 'no waiting' sign posted anywhere along that part of the road .....
you did - I will come back to that later
you didnt - well, there was no sign posted, and there is no local knowledge of one being posted as many witnesses I have spoken too have affirmed .......
ok - going back to your reply to the appeal letter I wrote, you stated the lines were in good order, does that mean they were continous ? but look at these fotos, they clearly show they are not complying with schedule 6 section 1018.1
ok - you stated there was a no waiting sign posted 10 paces from my car - I again have fotos showing no such sign was posted, and XX signatures of local ppl stating the same. oh. yes I contacted the cardiff highway authority on and reported the same to them, their follow up indicates ......
ah - so you were mistaken there with the lines, the sign, the time I was supposed to be there and the location of my vehicle.
in conclusion - Under the law a Traffic Sign is held to have been lawfully placed until the contrary is proved. If you can prove that the signage does not conform then it is not lawful and the Traffic Order unenforceable. as I have shown the lines do not comply with schedule 6 section 1018.1 and there was no 'no waiting' sign posted there I maintain there has been no offence committed.
I would appreciate an explanation why you maintain the lines were 'in good order' and a sign was posted when foto evidence and statements I have submitted clearly indicate otherwise.
any legal ppl here wanna give me a heads up on this - as any free advice is always welcome
so P.C. x, do you have your notebook with you .........
ok, so where were you at 1205
oh, really, and where were you at 1215 - I see, the reason I ask is I arrived at the parking place approx 1215 and you wernt there then
well if you arrived at XXX , why did you start writing out the parking ticket at 1205 ? oh, you misread your watch at 1220 and wrote 1205 instead ...... why didnt you complete the time as the ticket is supposed to be from a time to a time.
so - you completed the ticket stating I was on the high street, yet I was on the access road to the car park - why was that ? I see, another mistake huh.
now, the area my car was parked, did you look to see if it was marked in accordance with the road traffic act 1991, in particular schedule 6, subsection 1018.1 ?
you did - we will come back to that later ....
you didnt, well if you did then you would have noticed the road markings were not in accordance with that schedule in that they were not continious, as they were broken, and that there was no end 't' bar as required in the schedule. schedule 6 sunsection 1018.1 clearly states there is no variation allowable from those laid down in schedule 6.
did you notice there was no 'no waiting' sign posted anywhere along that part of the road .....
you did - I will come back to that later
you didnt - well, there was no sign posted, and there is no local knowledge of one being posted as many witnesses I have spoken too have affirmed .......
ok - going back to your reply to the appeal letter I wrote, you stated the lines were in good order, does that mean they were continous ? but look at these fotos, they clearly show they are not complying with schedule 6 section 1018.1
ok - you stated there was a no waiting sign posted 10 paces from my car - I again have fotos showing no such sign was posted, and XX signatures of local ppl stating the same. oh. yes I contacted the cardiff highway authority on and reported the same to them, their follow up indicates ......
ah - so you were mistaken there with the lines, the sign, the time I was supposed to be there and the location of my vehicle.
in conclusion - Under the law a Traffic Sign is held to have been lawfully placed until the contrary is proved. If you can prove that the signage does not conform then it is not lawful and the Traffic Order unenforceable. as I have shown the lines do not comply with schedule 6 section 1018.1 and there was no 'no waiting' sign posted there I maintain there has been no offence committed.
I would appreciate an explanation why you maintain the lines were 'in good order' and a sign was posted when foto evidence and statements I have submitted clearly indicate otherwise.
any legal ppl here wanna give me a heads up on this - as any free advice is always welcome
Phew Streaky...
Lets recap and try and make sense of the position your are in.
Plod issues you a FIXED PENALTY TICKET (NOT A PARKING CONTRAVENTION NOTICE - LA).
You have 28 days to pay the fine or elect to go to Court.
You write to FPT Office who reject your plea.
You have the option of paying the fine if 28 days still current/extension given by FPT Office in their reply). If not it will be processed for Court.
On the facts and evidence you have there appears to be a case for electing a hearing as Not Guilty at Mags Court on the signing deficiency. Resulting from this NG plea you should be supplied with all the evidence CPS have which will include the PC's statement. Have you the advocay skills to carry it through?. If not then consider using a Solicitor, or consult CAB Solicitor to arrange your Defence or even have a word with the Duty Court Solicitor (I would arrange consulting him couple days before the case).
The ball appears to be now in your Court, which way you kick it is up to you.
dvd
Lets recap and try and make sense of the position your are in.
Plod issues you a FIXED PENALTY TICKET (NOT A PARKING CONTRAVENTION NOTICE - LA).
You have 28 days to pay the fine or elect to go to Court.
You write to FPT Office who reject your plea.
You have the option of paying the fine if 28 days still current/extension given by FPT Office in their reply). If not it will be processed for Court.
On the facts and evidence you have there appears to be a case for electing a hearing as Not Guilty at Mags Court on the signing deficiency. Resulting from this NG plea you should be supplied with all the evidence CPS have which will include the PC's statement. Have you the advocay skills to carry it through?. If not then consider using a Solicitor, or consult CAB Solicitor to arrange your Defence or even have a word with the Duty Court Solicitor (I would arrange consulting him couple days before the case).
The ball appears to be now in your Court, which way you kick it is up to you.
dvd
correct - got a fixed penalty notice, appealed and was rejected, got free legal advice (through work) and advised I seemingly had a case to argue if thats wot I wanted, but advised to send my stuff in again to allow for a review, so appealed agin and rejected, but was advised of the new info plod asserted a complete load of bollox about the lines and sign being there.
also have a receipt from local store indicating I was at a checkout about a mile away at 1203, have the local postmistresses support that I was in the village post office there about 1215 and many ppl in my village willing to state the lines have been like that and no signage for many years .....
so done some further research and feel I have a case to argue - but of course I am no barrister or solicitor .... is magistrates court a very stressful place to operate ?
I have tried contacting the cab for a couple of weeks - even e-mailing them at their address supplied - but it seems impossible to get through
also have a receipt from local store indicating I was at a checkout about a mile away at 1203, have the local postmistresses support that I was in the village post office there about 1215 and many ppl in my village willing to state the lines have been like that and no signage for many years .....
so done some further research and feel I have a case to argue - but of course I am no barrister or solicitor .... is magistrates court a very stressful place to operate ?
I have tried contacting the cab for a couple of weeks - even e-mailing them at their address supplied - but it seems impossible to get through
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