£50 fixed penalty notce for cycling on pavement

[Venusiet7]

Hi

Yesterday I was given a £50 fixed penalty notice for cycling on the pavement ( although I was only on the pavement for about 10 seconds). The standard FPN form said that the fine should be £30 but the community support officer crossed out the £30 and said I had to pay £50. Does he have the authority to change a fixed level fine?

Any help on this would be much appreciated.

Thanks.

[robgul]

Why ask here with a maiden post? ... the issuing authority/police force will doubtless be the source of the definitive answer.

... what the post will probably do is generate endless conversation about the rights and wrongs of riding on the pavement and being fined (I'll reserve comment for the moment )

Rob

[helmbarrie]

If you were on the pavement for just 10 sec you could contest the penalty. Perhaps you were avoiding a hazard in the road which may be a defence. Go to the Police Station to discuss your options. I would not be surprised to see you receive a caution.

[Venusiet7]

Thanks Helmberrie, I'll follow your advice.

[mark a.]

Why ask here with a maiden post?

Why not? That's why we're here, isn't it? To ask and answer questions and to chat about cycling?

To the OP, I've no idea about the changing of the fine level, I'm afraid.

[AlaninWales]

If you were on the pavement for just 10 sec you could contest the penalty. Perhaps you were avoiding a hazard in the road which may be a defence. Go to the Police Station to discuss your options. I would not be surprised to see you receive a caution.

http://en.wikipedia.org/wiki/Police_caution
I hope (s)he wouldn't volunteer for a criminal record which shows up on CRB checks etc.

[AndyK]

I looked this up and I'm gobsmacked.

The Fixed Penalty (Amendment) Order 2013 raised the penalty amount to £50 for "any other fixed penalty offence" - a catch-all which includes cycling on the pavement.
But a matter of weeks later...
The Fixed Penalty (Amendment) (No. 2) Order 2013 then changed the wording to "Any other fixed penalty offence except for a fixed penalty parking offence", and added a new clause reducing the penalty for parking offences to £30.

So the £50 is correct. Either the PCSO had an out-of-date form (quite likely) or the form was designed primarily for parking offences. (I'm assuming you're in England.)

Whether it's appropriate that cycling on the pavement incurs a higher fine than driving your car onto the pavement and parking it there... that's another story.

[mjr]

Past discussions including viewtopic.php?f=7&t=52228&p=439818#p439818 may be useful. It doesn't end happily, but does include the notorious Boateng statement.

[AndyBSG]

Surely if the PC has used the wrong form then it can't be enbfoced anyway? I know i've had a parking ticket overturned because they put the wrong date on it so i'd think the wrong form trumps that?

[Jughead]

Nothing wrong with your question as far as I'm concerned. It is just a bike forum after all.
ie here to help, no?

The law must be different in Scotland as cyclists are often on the pavement. Even the cops regularly cycle on the pavement. I have passed loads of police and nothing has ever been said. Maybe we are all lawless here I personally leave the pavement for pedestrians but certainly would use if convenient.

What concerns me is the lack of common sense from the officers when maybe a wee quiet word in your ear hole would be more than enough. You must have one of those faces.

[AndyK]

Surely if the PC has used the wrong form then it can't be enbfoced anyway? I know i've had a parking ticket overturned because they put the wrong date on it so i'd think the wrong form trumps that?

IANAL but I'd be surprised. After the PCSO amended it, the form had the correct information on it. I doubt it matters whether the correct amount was printed or handwritten so long as it was clearly legible, unambiguous and correct when handed to Venusiet7. Just my guess though. In your case as you describe it, your parking ticket was overturned because it had incorrect information on it when it was issued to you.

[thirdcrank]

Unfortunately, thwe Cyclists' Defence Fund page on this offence is still "under construction."

The same site has some advice on fixed penalties.

http://www.cyclistsdefencefund.org.uk/f ... ty-notices

Unfortunately, it only describes the options of paying up or requesting a court hearing. There is a middle way which involves writing to the police and requesting that the ticket should be withdrawn, eg for the reasons mentioned in the OP. Personally, I'd advise against a personal visit to a police station but that's only my opinion. I'd suggest a politely worded letter to the local police divisional commander, setting out why you think the ticket should be withdrawn. I'm not suggesting grovelling, but I use the word "politely" to steer things away from taking the opportunity of getting anything off your chest. I'd stress that this isn't appropriate if you you want to contest the notice by going to court and pleading not guilty. Bear in mind that the clock continues to run inexorably on, so if it's not resolved before the ticket becomes payable, pay it in good time or it will be registered as a fine, and collected "with int'rest and bonus..." If you were to pay the ticket and eventually the police acceded to your request, then the amount of the fixed penalty should be returned to you. (I've only had one fixed penalty, when a motor mechanic was driving my car trying to find an intermittent fault and it broke down on double yellow lines. While he was away getting a tow, a traffic warden issued a ticket which I paid, but my written letter of explanation to the police eventually resulted in a refund from the clerk to the justices.)

Failing memory but I've a feeling that there's some useful advice on the website of the German cycling lawyer who practices in England. Unfortunately, I cannot even remember the name of his www.

[davegtt]

And you gave your correct address etc? I wouldnt have even stopped for an officer actually. I like to use footpaths if there are no pedestrians around. Its safer for all parties, was actually asked about a month ago to get on the road as I cycled past an officer, I dropped down the kerb, crossed a junction and re-mounted Stupid law IMO. Surprised the police even bother or find the time trying to fill out paperwork for a petty offence such as....

[Venusiet7]

I looked this up and I'm gobsmacked.

The Fixed Penalty (Amendment) Order 2013 raised the penalty amount to £50 for "any other fixed penalty offence" - a catch-all which includes cycling on the pavement.
But a matter of weeks later...
The Fixed Penalty (Amendment) (No. 2) Order 2013 then changed the wording to "Any other fixed penalty offence except for a fixed penalty parking offence", and added a new clause reducing the penalty for parking offences to £30.

So the £50 is correct. Either the PCSO had an out-of-date form (quite likely) or the form was designed primarily for parking offences. (I'm assuming you're in England.)

Whether it's appropriate that cycling on the pavement incurs a higher fine than driving your car onto the pavement and parking it there... that's another story.

Hi Andy

The information in your post was exactly what I'd been looking for. It's mad that they've changed the law but it's good to know the PCSO wasn't trying to charge more than he was allowed to. He was just so rude - and he questioned my immigration status- that I had to question whether his actions were legitimate.

Thanks a lot for your help.

[Elizabethsdad]

I'd welcome that PCSO to walk round streets here slapping FPNs on all the cars driven up on the pavements - and there are more than a few numpty on bicycles they could catch at the same time.