Help - Search - Members - Calendar
Full Version: Fixed penalty notice code 320 for unnecessary obstruction
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
taffy417
Hi just wanted some help as a hardworking donkey to the system. Basically I left my car parked alongside others in what appeared perfectly acceptable and no yellow lines at all, but had a fixed penalty notice for £30 on my return. The ticket stated "unnecessary obstruction" and when I went police station (feeling criminalised for nothing) he told me I must have parked with 2 wheels on the pavement. I dont remember being parked partly on the pavement, but since it was the police who gave me the ticket (talk about pettiness you'd think police are supposed to stop crime, not act like the pettiest of parking attendants making honest people to feel criminalised) I'm wondering do the police take pictures when issuing fixed penalty notices and can I ask for this proof before I pay or shall I just pay up? Thanks in advance!
Broadsword
Are there 'between' times for the offence on the ticket?

Unnecessary Obstruction normally requires that someone/something was actually obstructed (rather than hypothetically), ie your vehicle was parked in such a way that a crippled nun in a wheelchair was forced to go off the pavement and into the road to pass by your vehicle.

You could take a couple of photographs and write in (to the Inspector) asking exactly what obstruction was being caused. If you were nearby and the police did not make any enquires to locate you then it could be argued that they permitted the obstruction to continue by not making a few (commonsense) local enquires.

(Disclaimer, no nuns were actually crippled in the production of this post)
taffy417
yes the quoted time was between 09.20 and 09.22am I dont know if its worth noting that in the date box he has filled in the day and month but not written 6 at the end of 200 to make it 2006. There were zig zag lines on the other side of the road but dont know if I'm supposed to take these into account because there were no yellow lines on my side at all but zig zags on the other side and obviously no-one parked on that side. I would have thought it would make common sense if they did have double yellow lines on my side to help the zig zags on the other side, to keep both sides clear. Anyway the main thing I'm not clear of is if police take camera pictures when they do bitchy things like issuing fixed penalty notices
taffy417
Can someone clarify what the law is on parking a quarter on the pavement? Its supposed to be illegal from what I understand and in a lot of built up areas people are used to doing it all the time outside their houses to allow a passage. What if its done on a road with no houses on it? Seems a bit harsh especially if its done trying to allow other cars past you without knocking mirrors off.
Catweazle
Parking on the pavement is not universally illegal, but many areas prohibit it by a local by-law.
taffy417
Thanks. Sounds like we're all supposed to be walking solicitors without knowing it. Also its worth knowing if its actually illegal or prohibited and what the difference is in legal terms regards prohibition.
Broadsword
You've started a new thread for an extension of your original one icon_hang.gif

Expect a rap on the knuckles when the mods see it!
keycare
Did you park opposite a school entrance? You mention zig-zags. You should not park opposite a junction especially on a main road as you would obstruct people emerging from the junction as people progressing on the main road would have to occupy the centre of the road to pass the parked cars.
taffy417
No it wasnt on a junction and not a major road either. The building on the other side didnt really seem to be a school as there was one round the corner, it was more like a council building ((and i suspect someone inside may have seem me and rang the police themselves). I dunno i might aswell pay up, this country is barmy with the legal system profiting on the misery of the poor (think about it, cant see Prince Charles ever getting nicked, he's too busy nicking our money in millions every year in taxes not even earning it), if the people didnt pull their pants down and didnt bend over so much and so often then we wouldnt be in the situation today as regards taxes, petrol, council tax , insurance road tax, parking fees, the mortgage system whereby most people dont own the damn property til theyr almost dead or too old to really enjoy it working half your life to pay double to the bank of its value and you are prone to losing it at anytime at all if anything happens to your job - important considering the flood of agencies out there denying workers reasonable pay and job security, and all the other legal rackets blah blah enslaved to the system. I'v been on a few websites amd it seems even ordinary members of the public regard parking slightly on the pavement akin to murder. Who needs police, and councils when theres enough ordinary people policing the rest of us with their love of this slave system.
DIPPER
I think you'll find that parking on the pavement is not illegal - driving on to the pavement IS
matt1133
If it helps,

I was fined for having two wheels a quarter of an inch on a drop kerb, the fine was for the same reason as yours, as I was apparently obstructing pedestrians (despite it being a very wide pavment).

As I returned to my car, the scammers were already taking pictures of it, whilst, at the same time, their 'warden patrol car' was parked dangerously on a corner obstructing emerging traffic from a tight junction, just so they could ticket me. wacko.gif
taffy417
UPDATE. I realise now that the copper gave me the ticket at 9.20am. I had to be at a tribunal to give evidence (dont worry I wasn't in trouble with the law, it was the other party). for 9.40. I signed in there at 9.35 exactly 15 minutes after I got the fine. From where I was (just outside manchester city centre) near collyhurst police station it would easily take me around 15-20 minutes to get to the tribunal as it were a fair distance. Basically what that means is the copper MUST have slapped the fine on virtually the moment I turned my back on my car (he was probably lurking in the police station nearby and saw it), and I have a witness to prove the times with me. Shall I write a letter to the Inspector basically pointing out that based on the evidence I have including my letter from tribunal with date and time on it for attendance, the police officer maliciously gave me a ticket and he MUST have been watching me just as I left my car and instead of advising me, and instead of upholding the law by preventing "crime" if you can call this as such, he let it happen with malicious intent to fine me? would that work? By the way when I rang him, he tried acting all professional saying how a local councillor keeps breathing down their necks about this (doubt it cos if were true they'd get yellow lines put on, after all councillors have that power) and coincidentally a disabled person was inconvenienced with a hazard (lie - this is on a road with no houses where a disabled person would be lucky to survive the 2 major busy roads nearby just to get this far and then go on 2 complain about about 1 inch of a stationary car threatening his/her life)
flashman
QUOTE (DIPPER @ Wed, 29 Mar 2006 - 16:10) *
I think you'll find that parking on the pavement is not illegal - driving on to the pavement IS

Indeed I do believe that to be the case. Gwent Police are particularly careful in this regard:
http://images.snapfish.com/343974%3A723232...%3B674%3Bnu0mrj
taffy417
Based on what I said last, would the copper get in trouble for giving me a ticket behind my back instead of advising me to move if he had the chance to, when clearly he must have been there just as I left my car?
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.