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PaulSc
Hello everyone, I've only just found this site, but I'm hoping someone here might be able to give me guidance on an FPN that I am appealing in magistrates' court. I have gathered as much evidence as I can, but just want to know whether there might be something I've missed.
I was issued the FPN for unnecessary obstruction by a PC late last year. I had parked my car in front of my own garage, which is in a row of seven garages (mine is number six). The lady who owns the adjoining garage didn't recognise the car (it was a hire car) and took it upon herself to call the police and say my car was obstructing her garage (number five). The police turned up, allegedly did a door knock to identify the car's owner (they didn't come to my house, which is around the corner), and after issuing the FPN, had my car towed. What has left me fuming is that I most definitely did not park in front of this lady's garage - I really don't need the headache (she and I are not on good terms, and if anyone parks outside her garage, they'll never hear the end of it). I had actually parked in front of my garage and number seven (the owner of which was away at the time, and I am on friendly terms with him).
My appeal is based on this latter fact - that I was NOT causing an unnecessary obstruction.
So here is what I have prepared for use:
- I have a statement from the man who lives opposite the garages (he was the one who told me that the car had been towed), corroborating the fact that I was outside my own garage and number seven.
- In the PC's statement, the PC says the car was parked in front of two garages, but specifically says he cannot remember which two garages. I believe what has happened here is that this lady has made a complaint, and the PC has taken her at her word without noticing the lady owns number five garage, and not number six.
- I have a statement from the owner of number seven garage, confirming I am allowed to park in front of his garage when he is away.

Does anyone have any ideas as to what else might help my case? And what do you all think of my chances? I know I'm taking a chance here, but I know I am in the right - and hope I have enough evidence to prove it - and the police told me this is the only way I can pursue the tow-away fee, which I intend to do.
Teufel
is this on the highway ?
PaulSc
QUOTE (Teufel @ Mon, 18 May 2009 - 19:39) *
is this on the highway ?

Yes, it is. There are no double yellows - the PC's statement speicifically says the obstruction was caused by my car "blocking access to a garage."
Teufel
any photos which show the layout ?
bama
"a garage" and it was your garage !

Does this complaining neighbour have friends in the police ? I am amazed they tiurned out for this.
PaulSc
QUOTE (Teufel @ Mon, 18 May 2009 - 20:23) *
any photos which show the layout ?

I have printed out the photos of the site, but don't have digital copy I can post, unfortunately.

Teufel
You can imagine how stunned I was on the day. Just could not believe it. I thought a call to the police would sort it out, but they could not have been less interested.
nemo
QUOTE (PaulSc @ Mon, 18 May 2009 - 21:08) *
I have printed out the photos of the site, but don't have digital copy I can post, unfortunately.

Scanner ? Camera phone ? Google Earth reference ?
PaulSc
Found one!
My garage is second from right. The complainant's garage is the one to the left of that (with 4 on the door). The maroon coloured car is not mine, but is my "garage neighbour's" car (the one mentioned above, who parks across both our garages - with my consent - pretty much every day).
Roverboy
If that is how you car was parked, and she has complained i really can't see what the police were doing, espcially as the complainent (her) had no connection with the alledged obstruction (it's not her garage your parked across). Has this busybody got nothing better to do in life !!!!

Mags is always a gamble, but you have (with your evidence and letters from others) as good a chance as anyone on this one i think. Good Luck !!!
glasgow_bhoy
Ill put money on it that she doesnt even put a car in that garage
spanner345
It would appear from the photo it is a shared dropped kerb. If I am correct, no-one can legally park in front of any of the garages.
bama
thats not a dropped kerb.
Neil B
I hope you're gonna be calling the woman herself as a witness! ?

--------

I just see one little snag if you get a doddery old Mag. They might get confused by that number '4' on garage number 5 !

Shouldn't be a problem but just have an answer ready.

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PaulSc
QUOTE (bama @ Tue, 19 May 2009 - 10:26) *
thats not a dropped kerb.


Yes, I don't think it is a dropped kerb, either. Where the pavement ends, there is no "ramp" as such leading to the paving slabs - it is a step down.
Neil B
Doesn't matter you can park across it with permission.

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Neil B
QUOTE (Neil B @ Tue, 19 May 2009 - 11:17) *
Doesn't matter you can park across it with permission.

-


Having said that, I'm not sure now.


It is an exemption as far as decriminalised enforcement goes but I'm actually unsure where police enforcing for obstruction. That is more a case of how the plod judges the situation and possibly irrefutable - but clraly refutable here.

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Teufel
thye also towed the car - yes ? did you have to pay to retrive ?

i think you just rol the dice - could go either way

in theory since there is clear a right of access over the kerb to the garages
you are obstructing but its unusual for the polcie to act without a complaint
from the person with the right who you are obstructing
PaulSc
QUOTE (Teufel @ Tue, 19 May 2009 - 12:13) *
thye also towed the car - yes ? did you have to pay to retrive ?


Yep, they towed the car and I had to pay the retrieval fee...


Thank you everyone for your replies, some helpful guidance there and I'm optimistic. Hopefully common sense will prevail. I'll let you know how I get on.
dave-o
I'd say it's well worth speaking to a supervisor at the cop shop where the cop in question works. Be polite and explain the situation. You may get a reasonable person, and it would be great if you can get this sorted without going to court.
You never know, he may even send someone round to the busybody to have a word with her about wasting police time.
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