FPN for getting stuck in a (council?) field

[LancashireDave]

Hi, I am new to forums so let me know if I brake any rules, I apologise in advance if I do.

 

Ok the other day I received a FPN from the police & I believe it is unfair & probably not actually plausible.

Basically I drove down a tight road but wante to turn back around & I found myself near an opening leading onto a field, now I nomally would have reversed but as it was tight I did not feel confident so I just drove forward onto the grass/land to turn around but as I did on my way back I got stuck in a boggy part.

Anyway as I was making the necessary calls to get help the police happened to drive past & spot me so decided to pull over to have a chat & eventually give me an FPN & still left me stranded there with my 1yr old son in the back

 

Now there are no signs to say do not enter the field & no gates or anything to block the way.

 

So I am wondering if anyone has any advice on how to argue this if I choose to let a magistrate decide the outcome.

It is only a £30 fine but it is the principal, there were 3 police there & 2 of them were fine until one stepped forward & decided he did not like me/had a bad day/was bullied in school or all of the above. I could tell from his collegues even they thought he was being a bit of a jobsworth.

 

Any advice help appreciated

 

Dave

[rebel11]

Hi lan

 

Welcome to CAG

The guys will advise as soon as they are available. Thread moved.

[Bernie_the_Bolt]

What was the FPN actually issued for?

[sailor sam]

What was the FPN actually issued for?

 

Is exactly what I was going to ask.

[LancashireDave]

What was the FPN actually issued for?

Ahh sorry, basically all the officer has written is: 'used vehicle on land/elsewhere other than road'

Which is also what my drivway is isnt it?

He did say I caused damage to the field which was nothing really, just a couple of black marks where my tires sunk but there were alot worse marks around the field made by other vehicles which he did not seam to care about as I said he was akward. However it does not say anything about this on my FPN but I did not know the process of what happens if I went to magistrates, will he try to add information other that what is on the ticket or is what he has written final?

Apologies for putting in the wron thread at first :S

[sailor sam]

This is an odd one! Can you give us the location so we can take a look on street view. Sounds like a civil matter to me.

[dx100uk]

if this was not behind a fence then its part of the highway just like pavement parking

 

dx

[Bernie_the_Bolt]

I don't know if it has been repealed or amended but S36 of the RTA 1972 says:

 

36.—(1) Subject to the provisions of this section, if without Prohibition

lawful authority a person drives a motor vehicle on to or upon

of driving

any common land, moorland or other land of whatsoever descrip-

'des

tion, not being land forming part of a road, or on any road

than on roads.

being a footpath or bridleway, he shall be guilty of an offence.

(2) It shall not be an offence under this section to drive a

motor vehicle on any land within fifteen yards of a road, being

a road on which a motor vehicle may lawfully be driven, for

the purpose only of parking the vehicle on that land.

(3) A person shall not be convicted of an offence under this

section with respect to a vehicle if he proves to the satisfaction

of the court that it was driven in contravention of this section

for the purpose of saving life or extinguishing fire or meeting

any other like emergency.

(4) It is hereby declared that nothing in this section prejudices

the operation of section 193 of the Law of Property Act 1925

(which relates to the rights of the public over commons and

waste lands), or of any byelaws applying to any land or affects

the law of trespass to land or any right or remedy to which a

person may by law be entitled in respect of any such trespass

or in particular confers a right to park a vehicle on any land.

 

So, if you said you were turning around you may find yourself stuffed and the parking exemption does not apply.

However, you could clarify in that what you intended to say was (provided it is true!) along the lines of "I pulled off the road to park so I could consult my map. I established I needed to turn around and in so doing became bogged down".

 

If you contest, I cannot see that there will be evidence to convict or that there will be a will to prosecute.

[LancashireDave]

This is an odd one! Can you give us the location so we can take a look on street view. Sounds like a civil matter to me.

Basically I drove down the roand & ended up in a similer position to the red van & my intention was to reverse back & to the left but I had made it awkward as there was car parked to the right of me & I was too close, I aslo did not want to scuff my wheels where I needed to reverse as the street narrows & the kerb is really high etc. I should have reversed I know now I have learned a valuable lesson! It was just a lazy moment where I just thought I was taking the easy way out but the outcome could have only happened to me so anyway I drove on to turn around, there were nobody on the field, I did not drive fast (probabley should have eh) & did not beleive I was doing any harm but on my way back off I got stuck in a really small boggy patch which was not visible.

 

I cannot post links yet as I am new but if you google brookside crescent, walkden then you should find it. basically I went north up whittle st. do the 1st right onto the crescent & see the opening infront of the red van!

[LancashireDave]

if this was not behind a fence then its part of the highway just like pavement parking

 

dx

It is fenced off from the main road but has access opening

[LancashireDave]

I don't know if it has been repealed or amended but S36 of the RTA 1972 says:

 

 

 

So, if you said you were turning around you may find yourself stuffed and the parking exemption does not apply.

However, you could clarify in that what you intended to say was (provided it is true!) along the lines of "I pulled off the road to park so I could consult my map. I established I needed to turn around and in so doing became bogged down".

 

If you contest, I cannot see that there will be evidence to convict or that there will be a will to prosecute.

So who thinks I should go for it I dont want to take too much of a risk though, I did stop to consult my map actually, did not think that was worth mentioning

[sailor sam]

This appears to be a short crescent with access at each end so why would you want to turn around at that point? That area appears to be common land so pay the FPN is my advice. It's clear to me that the police didn't think that you were just 'trying to turn around'.

[dx100uk]

i would say if you did not actually go into the field past the opening

then turn

then comeback out through the gate already facing the correct way

but got stuck doing a three point turn into the gateway

then its part of the highway and the FPN is correct.

 

 

dx

[LancashireDave]

This appears to be a short crescent with access at each end so why would you want to turn around at that point? That area appears to be common land so pay the FPN is my advice. It's clear to me that the police didn't think that you were just 'trying to turn around'.

Fair enough but it is not as open as it looks. where it bends to the left it is very narrow & I was not even sure how long it was or where it would lead me to so initially I decided to everse & turn around, not a proble, until I got a bright idea

[dw190]

Fair enough but it is not as open as it looks. where it bends to the left it is very narrow & I was not even sure how long it was or where it would lead me to so initially I decided to everse & turn around, not a proble, until I got a bright idea

 

Not that I feel you should have got this ticket but rest assured the fuzz will win the day as the Magistrates Court (Formally Police Courts) tend to side with the Police unless you have a rock solid defense. If you ignore it they may just forget it what with all the cuts but then again its easy money with three of them to contend with.

 

If it were me I'd pay the thirty quid and let it die.

[LancashireDave]

Ok thats all I wanted to know. I really would have enjoyed having the power to get it thrown out just because the officer annoyed me the way he did it. (Edit)

I think my rant is over, thanks all for the help anyway

Edited March 15, 2011 by maroondevo52
Removed inappropriate language.