Fine/points for parking in disabled bays

[sailor sam]

Bernie, I am aware of the fact that the police can and do still issue FPNs under criminal law but i'm not convinced that using the offence of 'causing an un-necessary obstruction' is correct in these circumstances.

 

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[Bernie_the_Bolt]

And just what do you mean by "correct".

 

Is it in the same way as it's not "correct" to use anti-terrorism legislation to stop people taking photographs of tourist sites in London, or that it is not "correct" to wear brown shoes with a blue suit?

 

The fact is that it is an option available. What defence would you suggest against such an FPN?

[sailor sam]

And just what do you mean by "correct".

 

Is it in the same way as it's not "correct" to use anti-terrorism legislation to stop people taking photographs of tourist sites in London, or that it is not "correct" to wear brown shoes with a blue suit?

 

The fact is that it is an option available. What defence would you suggest against such an FPN?

 

Absolutely do not see your logic and any connection here?

 

My using of the word 'Correct' is fairly obvious I would of thought.

 

If I were issued a FPN for 'causing an un-necessary obstruction' while parked in a disabled bay (which I would never do in the first place), I would have my day in court and dispute the offence because it would be the in-correct contravention. As I have pointed out there is a specific PCN code; 40 for the offence we are talking about.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[lamma]

I suppose it may boil down to Schedule 7 of the TMA - and the repeals section(s). depends what is written on the FPN and what the facts of the case are. But this is all hypothetical isn't it ?

[Bernie_the_Bolt]

If I were issued a FPN for 'causing an un-necessary obstruction' while parked in a disabled bay (which I would never do in the first place), I would have my day in court and dispute the offence because it would be the in-correct contravention. As I have pointed out there is a specific PCN code; 40 for the offence we are talking about.

 

Fine, you'd lose. PCs and PCSOs cannot issue PCNs. They can only issue FPNs and you'd likely have to pay a higher fine and a victim supplement.

 

Bus lane contraventions are an easy example of contraventions for which there is a statutory defence of it being dealt with by the police I cannot think of any parking contraventions where this applies.

 

As for my use of the term "correct" the logic is this. In the photograph example, it was not what the legislation was intended for but its use is not unlawful. As for the shoes, it is not sartorially correct to wear brown shoes with a blue suit but in reality it is no business of anyone else other than the wearer.

 

You however, seem to use the term in an absolute term as is "the correct answer to 'What is 2 plus 2?' is 4" and in this absolute sense you are wrong.

[sailor sam]

Bernie;

 

WHATEVER!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Zamzara]

Fine, you'd lose.

 

Care to cite some case law that obstruction can extend to this type of thing? I'm sceptical too.

[Bernie_the_Bolt]

Care to cite some case law that obstruction can extend to this type of thing? I'm sceptical too.

 

It's not common law issue, it's created by legislation and I cited the relevant legislation in post no 23.

Edited June 1, 2010 by Bernie_the_Bolt