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-   -   Contesting a Fixed Penalty Notice for riding on the pavement in London (http://www.bikeforums.net/general-cycling-discussion/781845-contesting-fixed-penalty-notice-riding-pavement-london.html)

joswa 11-16-11 04:51 AM

Contesting a Fixed Penalty Notice for riding on the pavement in London
 
Hey guys,

Today I was half walking, half "scooting" (where you put one foot on the pedal) my bike through a tight footpath in London. I was following pedestrians and going at their pace with no possible danger to anyone. A Community Support Officer stopped me and issued me a Fixed Penalty Notice (FPN) for "cycling" on the pavement which I refused to sign.

On the notice it says I have the option of paying 30 or going to court to contest the fine.

Question: Does anyone have experience with taking a FPN to court? Surely its his word against mine that I was cycling... can I win?

Would really appreciate your advice here.

Thanks

Marauder9 11-16-11 05:05 AM

Not sure about the CSO's but I think when Police are in position they hold more weight than you so it might be for you to prove you were not cycling.

Happy to be corrected though.

Marauder9 11-16-11 05:09 AM

This may be of some help to you http://en.wikipedia.org/wiki/Police_...upport_officer

Looigi 11-16-11 08:32 AM

Don't know about the UK but every time I've contested a traffic citation in court in the US I've either gotten it dismissed or reduced. It seems if you present yourself in a reasonable and respectful way, the judge, or prosecutor, and sometimes even the officer, is inclined to cut you some slack.

PomPilot 11-16-11 06:36 PM

I hate to say it, but you may want to consult with your solicitor, and/or a barrister on this.

Machka 11-16-11 08:07 PM

In many parts of the world it is illegal to ride your bicycle on the sidewalk/footpath. If you feel you must get onto the sidewalk/footpath to avoid a dangerous on-road situation, you can get off the bicycle and walk it to a place where it is safe to ride on the road again.

Because that is such a common, well-known law in many countries ... I don't like your chances.

Caretaker 11-17-11 10:05 AM

Quote:

Originally Posted by joswa (Post 13498748)
Would really appreciate your advice here.

Here's some free legal advice, "fight it".

Warning: legal advice is seldom worth more than what you paid for it and often less.:)

xizangstan 11-18-11 09:03 AM

How big is the fine? Does it go on your record?

tadawdy 11-25-11 04:37 PM

Here, the definition of "cycling" is moving while being astride the bicycle. By this definition, you were cycling. It may be different where you are. If the officer is correct, you clearly broke the law. Doesn't mean they may not dismiss or reduce the fine, though.

Caretaker 11-26-11 01:35 PM

Quote:

Originally Posted by tadawdy (Post 13532281)
Here, the definition of "cycling" is moving while being astride the bicycle. By this definition, you were cycling. It may be different where you are. If the officer is correct, you clearly broke the law. Doesn't mean they may not dismiss or reduce the fine, though.

No he wasn't. He was 'scooting'.

"Today I was half walking, half "scooting" (where you put one foot on the pedal) my bike through a tight footpath in London"

You're not "astride" the bike if you're 'scooting'' so if he were in Illinois he wouldn't have been cycling.

xizangstan 11-27-11 08:45 AM

I think he should just suck it up and pay the Piper. Or in other terms, 'If you do the crime, you have to do the time'. Maybe see a judge and plead your case, but be prepared to pay.

I've walked my bike along a very busy downtown sidewalk. It takes up lots of space. I've also ridden my bike on a marked and designated bicycle path when there were lots and lots of pedestrians on it. That seemed so wrong to me at the time.


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