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Your on a hiding to nothing Debbie and in the lap of those on the Bench when your case is heard..
Much has been said in the High Court on what is 'obstruction', Lord Parker has said:
"Whilst there must be proof of unreasonable use whether or not user amounting to an obstruction was or was not unreasonable use was a question of fact , depending on all the circumstances, including the length of time the obstruction continued, the place where it occurred , the purpose for which it was done and whether it caused an actual as opposed to a potentuial obstruction [Nagy v Weston 1965]
In [Solomon v Durbridge 1956] a driver parked in a line of cars for FIVE hours and left it there. It was argued as ihe vehicle was ina line of car - not causing an unnessssary obstruction. Higgh Court disagreed- clearly caused one.
In a Scottish case, where there is no actual physical obstruction, a conviction should follow ONLY IF IT has been brought to a motorists attention, e.g. my Police warning or by Notice or sign [ MacMillan v Gibson 1966) Although this was a By Law Offence.
As I see it the damning feature in this case ( and they would have to prove) is that the car was virtually abandoned on the Street for 21 days whilst you wre on holiday. They will no doubt prove the signage and for a number of days the car was not moved..
As to sentence it will depend on what Act they used (1) Highways Act, (2) Town Police Clauses Act or as I suspect MV Con and Use Regs (RT Act) for which the maximum fine is £2,500. Not that I suspect they would impose the maximum. Under sentencing guides they woukld access what coinage you have and fine accordingly. No pionts are involved.
Just wonder why they did not uplift the vehicle and take to pound (costly) They had the power.
As I said could go either way but I think your wallet may be ubnder attack.
LucyBC will be along when back in the office possible with a different perspective.
dvd
Edited by Dwight Van Driver on 04/07/2010 at 09:10
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