Wife has just got home after picking eldest up from school (before anyone suggests walking/ cycling was on way home from taking youngest out).
She got there early, so roads were empty. Parked near a junction, but with room for another car between her and the junction. Came back to the car and found she had a fixed penalty notice for obstruction.
We would like to know if this is worth appealing on the grounds that primarily she felt she had parked a sufficient distance from the junction. The secondary issue that has really got her fuming is that there were cars parked right on the junction, but the PCSO who issued the ticket totally ignored those cars as there were people inside- didnt even tell them to move the cars on.
We have got witnesses who saw where the car was (BiL and SiL) but what are the chances of getting this resolved in our favour, or will it be a futile waste of time and effort that could end up costing us more money in the end.
And yes, I do believe my wifes version of events. Like me, we both do silly things from time to time but she is very honest when she has been in the wrong.
My wife has also just said the women in the cars parked right on the junction knew the PCSO. Wonder if this had any bearing on them being allowed to park right on the junction causing an obstruction.
The road itself is a quiet residential cul de sac, leading to other cul de sacs just to set the scene. By the time she came back to the car, the entire side of the road she parked on was lined with cars.
PS really hard to stay objective writing this and not going off into a rant. Think I managed it though...
|
She got there early so roads were empty. Parked near a junction but with room for another car between her and the junction. Came back to the car and found she had a fixed penalty notice for obstruction.
Has she not read the Highway Code? www.highwaycode.gov.uk/22.htm
:217. DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop
:opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
10m is room for TWO cars to park, not one, so she's bang to rights - you've admitted her guilt in your description.
The secondary issue that has really got her fuming is that there were cars parked right on the junction but the PCSO who issued the ticket totally ignored those cars as there were people inside- didnt even tell them to move the cars on.
Not parked then, waiting. There is a difference.
BTW, parking around schools is an absolute nightmare (for those that live there): we chose our house to be an easy walk to school, well under a mile, yet two others in our road drive to school??!?
Sounds to me like
(a) you & your wife will learn a useful lesson about the Highway Code
and
(b) PCSO is doing a good job insofar as she booked your wife, around schools is an excellent place for enforcing the law, and sufficient FPNs issued will mean that the roads around schools are hopefully less plagued with illegla parking.
|
Thanks Flunky, wont be appealing then. Although having just told her that she has said there were more unattended vehicles with no tickets parked closer than she was, but as you've pointed out that is our bad luck and no excuses.
Am a bit miffed as where we live there are cars parked on areas designed as crossing points for wheelchairs/ bikes/ pushchairs and nothing is done. PCSO also parks up at another nearby school as do the real Police. Council recently painted yellow zig zags and no parking signs on the road yet every day there is a Lotus Elise parked there- nothing is done.
But that is starting to sound a bit bitter so will walk away head lowered and put a cheque in the post.
We are a bit fortunate that I have been advised by my doctor not to drive long distances so am working from home, so can take her in on my pushbike for time being.
|
But that is starting to sound a bit bitter so will walk away head lowered and put a cheque in the post.
I think we all tend to get a bit indignant and swear to expend every possibly effort to beat these types of incident, but your magnanimity is usually the best approach, fair play. other people do worse things is sadly not an excuse.
|
most PCSOs have no (or very little) training re court appearances, so anything disputed has a fair chance before you even begin, esp if you have a lawyer representing you, but think of the hassle/cost.
however, as already stated, there probably was an obstruction as roads around schools have habitually been a nightmare and have attracted numerous complaints over the years. The obstruction can easily be that there is not enough room (width wise) for traffic to flow in and out of the road properly (not just the proximity of the parked car to the junction, which is a seperate offence in itself, explained very well by flunky above).
Frustration causes accidents, as does obscured views due to poor parking, which is not what you want near a school and in an environment where there are lots of 'little people' who need sto cross a road.
Looks like a 'cough up' job.
|
Thanks Westpig, but having seen the comments her my wife has agreed she was in the wrong so is paying up.
Thanks for all the help though.
|
|
|
The only way you can appeal this one is to not pay to the FPN, elect a Magistrates hearing in a Not Guilty plea.
Sorry but parking ON A a junction will be classed as obstruction and does border on a more serious offence of dangerous position..
The others may well have been further back and therfore not causing a problem.
Pay.
dvd
|
|
I got a parking ticket once for obstruction when to me I clearly wasn't so appealed and ended up with the Adjudicator. I won, on the grounds that the ticket was issued by the council (instead of the police) and in those days (not sure of the same now but you should check it out) ONLY the police could ticket you for obstruction.
|
The problem is to get a ticket for such an offence is such a rare event people aren't happy when they do. A whole street of cars in Leeds was recently served with FPNs for parking in a 40 zone without lights - tickets were served at about 3am.
Despite the fact they were guilty of an offence comments such as 'complete waste of police time, they should be cathcing proper villains, it's a stupid law etc etc' were all trotted out. I doubt many of those ticketed knew it was an offence and if they did none were going to admit it.
|
My wife has also just said the women in the cars parked right on the junction knew the PCSO
Twenty odd years ago, when we had a village Bobby, it was well known that no-one local would get stopped driving back from the pub.
I guess times have changed - the village Bobby has been replaced by a PCSO, but the same rule of getting to know them still applies.
|
|
|
|
ticket was issued by the council (instead of the police) and in those days (not sure of the same now but you should check it out) ONLY the police could ticket you for obstruction.
Still case today I think. PCSO's may have same power as Police Traffoc Wardens but Attendants (soon to be Civil Enforcement Officers) employed by/for the Council are there to enforce yellow lines etc. They will however summon the police pdq in a bad case of obstruction.
|
|
PCSOs can ticket for Obstruction and pavement parking. Can't for yellow lines unless local arrangements in place. Its very confusing in some Local Authority they can FP for litter offences. Very confusing for Joe Public.
|
|
|
|
|
|
|
![2023 MG MG3 1.5 VTi-TECH Exclusive 5dr [Navigation]](http://images.honestjohn.co.uk/imagecache/url/crop/90x60/https/cdn.uk.prod.group-mobility-trader.com/images/cas/baa98344e8eddc35ffab913b913d6c01/2f5261ccb3488122e7f8ae1daff8fd3e.png___.jpg)
