Charged with leaving a automobile in harmful place


5 months in the past, I pulled up outdoors a block of flats to drop off a hen chow mein, a king prawn curry and half a crispy duck. Sadly, it was a large complicated and by the point I discovered the flat (the one who ordered didn’t give superb instructions) and bought again to my bike it was about 25-Half-hour.

Once I bought there, I discovered two cops taking images and making a observe. One officer principally laid into me while the opposite stayed quiet. Lengthy story brief, I had left my bike on a nook of a junction which had double yellow traces. I defined I didn’t imply to be lengthy, nevertheless it had taken me ages to seek out the flat and this wasn’t my fault, however that of the girl who ordered. The indignant officer was firm and instructed me it was harmful because it meant individuals needed to swerve round my bike to get out of the junction and if I disagreed, I may inform the courtroom.

I then bought some courtroom papers that mentioned I had been summoned for ‘The offence of leaving a automobile in harmful place, opposite to s.22 of the Street Site visitors Act 1988’. Final week I went to courtroom and argued this wasn’t my fault and I used to be harmless. Nevertheless, the magistrates disagreed and gave me three penalty factors and a large fantastic to pay.

What can I do? I can’t see why I ought to get achieved for this. I used to be simply doing my job.

Reply

First issues first, you do have a proper to attraction. Nevertheless, the final rule is you need to lodge your attraction inside 21 days of the conviction. So if you’re going to try this, don’t cling about, get your attraction kind in (you’ll find this on-line or the courtroom gives you one if you happen to ask).

The actual challenge is whether or not you need to attraction. So you might be conscious, the precise regulation states that ‘If an individual answerable for a [motorbike] causes or permits the [motorbike] …to stay at relaxation on a street in such a place or in such situation or in such circumstances as to … contain a hazard of damage …to different individuals utilizing the street, he’s responsible of an offence’.

Subsequently, while I get you had been doing all of your job, if you happen to left your motorcycle parked on a nook of a junction with double yellows and different drivers needed to swerve round it to get out, and so on., I can see why you had been discovered responsible and interesting the precise conviction could be a waste of time.

Nevertheless, arguably you would look to attraction the sentence as a result of the three penalty factors you bought are ‘discretionary’, not necessary. In different phrases, if you happen to attraction, you would find yourself with no penalty factors (however you’d nonetheless should pay a fantastic, and so on.).

I’d simply add that as a basic rule, the place any prosecution is challenged there’s a potential for elevated courtroom and prosecution prices. These would solely usually improve if the matter resulted in an attraction that you just subsequently misplaced.

Andrew Prendergast

Extra Bikes February 2023