Fixed Penalty Notice - While tending for sick child - Advice please

[JoFerg]

My husband was given a fixed penalty notice this afternoon while stopped on the hard shoulder of the M602 in Manchester.

He had pulled over as our two year old who is currently quite ill was coughing so much he was really worried he was choking on something.

 

He had to undo his seat belt so he could turn round and and check on our little boy and make sure he was OK , while he was doing this a police car pulled up behind him and put on his lights.

 

The police didn't get out of his vehicle he wait a couple of minutes and then beeped at my husband and gestured for him to get out of our car and go to the police car. At that point my husband was still trying to settle our boy down so waved at the police man and let him know he would be a minute.

 

Once he went to the police car he was told to get in and the office told him he had stopped him (which he never the car was already parked up on the hard shoulder) as he shouldn't have stopped the car where he did as this was only for emergencies and in which case he should have been out of the vehicle and over the crash barrier.

My husband tried to explain what had happened an that he had been worried our son was choking but the office wasn't interested and told him as he wasn't wearing a seatbelt at the time the police car pulled up behind our car he was going to issue a fixed penalty for not wearing one.

 

I am sooooo angry how on earth can this be justified. Was my husband really expected to ignore the sick child in the back and not stop to ensure he was OK it's ridiculous and I do not understand at all why he has issued a penalty for not wearing his seat belt as the he wasn't driving at the time.

I really want to appeal but feel that may that would be a waste of time as does anyone ever stand a change doing so and there is no way I could afford the fine to rise if we lost.

[sailor sam]

Hi and welcome to CAG.

 

As you no doubt are aware that stopping on the hard shoulder is prohibited except in an emergency. So obviously by doing so prompted the police to investigate which is fair enough. I find it strange that they would beckon your husband to leave his car without leaving theirs, especially as it meant leaving your 2 year old son in the car by himself so that part of your account dosn't ring right with me. I personally would of stayed put, no matter what. In any event, I don't think there is a legal requirement to vacate the car and be 'over the crash barrier'.

 

The problem you have is that if you challenge the FPN, it means going to court and state your case. As I see it, the mags will ask a couple of questions; if your child was "currently ill", why was he travelling alone with your husband given his age? Can you provide medical evidence to show he was ill? As far as the seat belt is concerned, I feel a bit more hopeful as how can the officer categorically state that your husband wasn't wearing it when he never left his vehicle and your husband had already stopped before they arrived?

 

You have to decide whether you want to run the risk of incurring court costs as well as the fine should you loose, or simply grin and bear it and pay up.

 

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 face to face professional advice for clarification prior to taking any action.

 

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[JoFerg]

Thank you for your reply.

I was surprised that the officer never left his vehicle but this is what happened. Obviously as my husband was alone this is a little hard to prove.

I don't have any medical proof as to my sons illness but if the officer had bothered to go to our vehicle he would have seen for himself.

They were travelling alone as they were coming to pick me up from work so I could look after him while my husband went to work so had no choice.

I think it was wrong that he would ask my husband to go to his vehicle leaving my son alone but he did.

I do think we will just pay the fine but I will certainly be complaining about the officers conduct as I don't believe he behaved in an appropriate manner

[sgtbush]

if all that you say happened like you have discribed, then you defo need your day in court!

your son chocking is an emergency, the car was stopped so no need for a seatbelt

 

has your other half only been issued a ticked for seatbelt?, if so is it still 30 quid?

 

its up to you really, if you want to put the time and effort into defending yourselves then appeal it and have your day in court!

if your time is more valuble than 30 quid then pay it,

but sometimes its the principle of it and me, personally would appeal and have my day in court

 

good luck