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#Post#: 51986--------------------------------------------------
Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: Alessio
Date: January 5, 2025, 7:19 am
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Hi all ,
Whilst I was stopped doing a delivery a police man on a
motorcycle stopped as he saw my vehicle on pelican crossing .
Officer cautioned me because of where I was parked but also the
officer stated the following off the record : I could easily
argue that I was mostly parked on the pavement other then the
road and get
Away with a £50 for unlawfully parking the vehicle on the
pavement and avoid the fixed £100 plus 3 penalty points .
I received a “CONDITIONAL OFFER OF FIXED PENALTY” with £100 fine
& 3 penalty points .
I have run out of time and I need take action today ! Help
please 🙏
[attachment deleted by admin]
#Post#: 51988--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: Alessio
Date: January 5, 2025, 7:29 am
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Second picture
[attachment deleted by admin]
#Post#: 52011--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: DWMB2
Date: January 5, 2025, 9:40 am
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I have moved this to the criminal forum as it pertains to an
alleged criminal offence, not a private parking charge.
#Post#: 52015--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: The Slithy Tove
Date: January 5, 2025, 10:37 am
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If you've been accused of stopping within the crossing, then on
the face of it you're bang to rights, and it's a £100 + 3 points
job. Parking on the crossing zig-zags is dangerous and illegal.
You should have stopped on the double yellows, for which you had
a legitimate exemption.
If you want to contest it on the basis that you were on the
pavement so it doesn't count, then go ahead and plead not
guilty. Could be an expensive move.
What are the actual words of the offence on the COFP, so we can
be sure?
#Post#: 52020--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: Alessio
Date: January 5, 2025, 10:53 am
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Here attached
[attachment deleted by admin]
#Post#: 52140--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: ManxTom
Date: January 6, 2025, 9:51 am
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But isn't parking on the pavement a non-criminalised offence?
I don't see how the police officer's suggestion of swapping a
non-criminalised offence for a criminal one would work in
practice? Can magistrtaes do that?
If he didn't think the OP deserved to be penalised for parking
on a crossing, why issue the penalty?
#Post#: 52144--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: NewJudge
Date: January 6, 2025, 10:09 am
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No - magistrates cannot do that. They can only deal with charges
that are brought before them.
But I don't think it really matters. Whatever the officer said
at the time, the police have decided that the criminal offence
is the appropriate charge and the OP's option is to accept the
FP or defend the matter in court. According to the officer he
can "...easily argue that [he] was mostly parked on the pavement
other then the road." So it should be a breeze. 8)
#Post#: 52152--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: Alessio
Date: January 6, 2025, 11:01 am
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Hi “NEW JUDGE” .
What would you advise me doing ?
I don’t have other pernalty points on my license anyway . Just
an DR10 from May 2019 that makes my insurance a bit more
expensive and a couple of years of NCD so not the end of the
world .
#Post#: 52154--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: 666
Date: January 6, 2025, 11:14 am
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--- Quote from: Alessio link ---
>
> Hi “NEW JUDGE” .
> What would you advise me doing ?
> I don’t have other pernalty points on my license anyway . Just
an DR10 from May 2019 that makes my insurance a bit more
expensive and a couple of years of NCD so not the end of the
world .
>
--- End Quote ---
I'm sure NJ will be along shortly with better advice, but I'd
suggest:
1. Yellow and red lines generally apply across the whole
highway, including the footpath. I don't imagine zig-zags are
any different.
2. The downside risk of contesting this is considerable.
3. You will frequently read on this forum "Never take legal
advice from a police officer."
So I'd accept the fixed penalty.
#Post#: 52155--------------------------------------------------
Re: Pelican pedestrian crossing or Parked on pavement argument ?
DIR By: NewJudge
Date: January 6, 2025, 11:26 am
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So would I.
I was being flippant when I suggested defending the charge in
court would be a breeze. I am quite sure you would be convicted.
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