Endorsable Fixed Penalty Notice! Can I win an appeal?

[paulmorfett1983]

I was stopped by Police last Saturday by a local shop. I left work, drove up the road and I was struggling to see out my window. I pulled over and my window was iced and having a crack on the Windscreen which I divulged details to officer made me panic about using my heat/cool controls in the car to clear. I had ran out of de-icer and so pulled over at the nearest place that I could see. I got out and my window was icing up and not clearing. I ran in the shop for no more than 20 seconds to see if could buy deicer. I came back out to find a police car alongside my car i was asked to pull around the corner. I was cautiined and given a fine of £60 and 3 points. I genuinely pulled over to ensure my safety and that of others to which I explained to the officers. I was remorseful but explained why I did it. No change. Ticket issued. If i emailed the Central Ticket Office is it likely that it will be reviewed.

 

Before you respond please dont slate me for parking partly on zig zag lines as I feel bad enough as it is but any help would be appreciated.

[Old Snowy]

What offence was the EFPN issued for?

 

Regardless of the the offence for which the ticket was issued the only means of appealing the ticket is by electing for the matter to go to court. You may email the CTO to your heart's content but - as the details on the ticket itself will confirm - there is no appeal.

 

If, as your post seems to suggest you were issued the ticket for the offence of stopping within the zig-zags of a ped. crossing then unless this was for reasons beyond your control then the offence is complete. The fact that you then entered a shop demonstrates that your reasons for stopping were entirely within your control.

 

The argument that will be put forward to any excuse that you may offer is that you should have cleared your windscreen before you set off on your journey.

[crem]

I can't see any viable defence being put against an FPN for stopping on a zebra crossing.

[Jamberson]

unless this was for reasons beyond your control then the offence is complete. The fact that you then entered a shop demonstrates that your reasons for stopping were entirely within your control.

 

I'm no expert on this, so won't try and advise, but I don't agree with this analysis. If the OP's windscreen was iced up and he couldn't see where he was driving, he had no realistic choice but to stop.

 

Similar thing happened to me once when it was icy and I tried to clear my windscreen with the washer. The water instantly froze on the glass and I was completely unable to see in front of me. I tried to pull over and stop ASAP and ended up with my wheels on the kerb. It's only fluke that there was no-one standing there - pretty scary.

[nohope]

I think its safe to say his screen was already iced up and he's not said anything about using the washers so chose to drive like this.

No arguement, no reason or case to appeal.

[sailor sam]

Agree 100% with Old Snowy. You wouldn't commence driving in the first place without making sure your windscreen was clear and then following that I find it hard to accept (and no doubt will the magistrates) that the OP would not have directed the air flow from his heater onto the windscreen sufficient enough to keep it clear. TBH, the cracked windscreen excuse is a bit lame as most screens are laminated so the heat from the vents won't make much difference at all. Further more, depending on where the crack is and how big it is may of got the OP in further trouble with the law.

[Jamberson]

This assumes the visibility will remain constant or will improve while driving. In fact it can get worse as the car moves along, as there is often moisture in the air, or coming up off the road, or very light drizzle which freezes on the glass, etc. (As in my own case, I could see OK when I set off, and used the washer because my visibility was getting worse.) If that happens I do think it's reasonable to stop, and in fact dangerous not to.

[sailor sam]

This assumes the visibility will remain constant or will improve while driving. In fact it can get worse as the car moves along, as there is often moisture in the air, or coming up off the road, or very light drizzle which freezes on the glass, etc. (As in my own case, I could see OK when I set off, and used the washer because my visibility was getting worse.) If that happens I do think it's reasonable to stop, and in fact dangerous not to.

 

Quite possibly but the mags will no doubt want to know why the OP drove that far that it became necessary for him to end up on zig zags. The prosecution will say he could of pulled up legally before his vision became that badly impaired.

 

I know what they are like!

[Surfer01]

Agree 100% with Old Snowy. You wouldn't commence driving in the first place without making sure your windscreen was clear and then following that I find it hard to accept (and no doubt will the magistrates) that the OP would not have directed the air flow from his heater onto the windscreen sufficient enough to keep it clear. TBH, the cracked windscreen excuse is a bit lame as most screens are laminated so the heat from the vents won't make much difference at all. Further more, depending on where the crack is and how big it is may of got the OP in further trouble with the law.

 

There is also the possibility that the car was not in a roadworthy condition so getting the fine for stopping on the zig zags is a godsend!