Appeal a Fine?

[thirdcrank]

I think a lot of the confusion with fixed penalties comes from their rather chequered history and the fact of there being several different types.

In this case, we can ignore parking tickets, whether issued for yellow-line contraventions (and red lines in London) or overstaying in places like supermarket car parks. etc. What we are discussing is an alleged criminal offence for which a fixed penalty has been issued. This is an opportunity to pay a fixed sum to avoid the hassle of court proceedings. If it's ignored, the system grinds inexorably on. The days when ignoring a ticket passed all the hassle back to the enforcement authorities are long gone. If the fine enforcement system is ignored, then a warrant will eventually be issued and if the amount owing remains unpaid, it will result in arrest and detention awaiting a court hearing ie possibly overnight in a police cell. Incidentally, that hearing isn't about the iniquity of Paul Boateng's waffle being ignored but only about arrangements to pay the amount owing. After that, the next stage is committal to prison - unless the £££ is sooner paid.

Now, a lot of fines go unpaid, in the sense of the money never changing hand. One obvious example is that if somebody with a lot of fines outstanding is sent down for an offence punishable with imprisonment, then their fines will be "lodged." In legal terms, served concurrently with their substantive sentence or, in practical terms, written off.

Most of the real baddies know that. My advice is addressed to the bourgeoisie.

[Psamathe]

If ot were me I'd either fight it or pay it. Fighting it you have to abide by the decision from the process of the appeal. I would not ignore it.

OP said it was a FPN so I assume it has legal status and is not one of those e.g. "supermarket parking" invoices.

Ian

[thirdcrank]

Whenever this general subject comes up it tends to create some interest and I'm working on the assumption that this is a one-time poster doing just that. I'm more than happy to be proved wrong over their motivation. My reason for posting now is that a recipient of a ticket may join the forum looking for advice but without posting.

Sometimes, a prompt approach to the relevant authority can lead to a fixed penalty being rescinded. Two (IMO) good examples in old threads are

• The police posse at the SOAS when a lot of tickets were issued for riding on a "footpath" which wasn't covered by the Highways Act. I believe they were all eventually rescinded, including those which had been paid.

viewtopic.php?f=6&t=58539

• The recipient of a ticket where the signs were confusing had a site meeting with a police supervisor who agreed that that was so

viewtopic.php?f=1&t=65162

[UKcyclistnewby]

So I'd really like to see on a map where this ticket was issued for.

Thank you very much for your thoughts. The fine was issued in front of the Paperchase here: https://goo.gl/maps/v1n7Xaayqg6QsuXs9.

I've gone back to the spot and found a sign specifically saying that cyclists need to dismount but only in the direction King St to Hammersmith Rd. I only ever cycle on the pavement in the other direction from Hammersmith Rd to King St so I've never seen that sign. I get on the pavement at the toucan crossing (https://goo.gl/maps/Eodn1Ttk1gPby1sm6) which I thought meant you were allowed to cycle there. The "bicycle path" around the roundabout seems to start on the left there so I probably misunderstood what the traffic light meant. I leave the pavement here again (https://goo.gl/maps/f2QPorhkSy9grDGd7) and cycle on the road in King St.

[UKcyclistnewby]

I just got a FPN for cycling on the pavement outside Hammersmith station.

How much is the fixed penalty notice (fpn)?

It's £50. It must have increased recently as most FPNs for cycling on the pavement I've seen were for £30.

[UKcyclistnewby]

Apologies all for not replying earlier! It's been a busy couple of days but I'll be working through all your helpful comments to try to wrap my head around it and respond to questions!

[Jdsk]

Thanks

Jonathan

[thirdcrank]

Apologies all for not replying earlier! It's been a busy couple of days but I'll be working through all your helpful comments to try to wrap my head around it and respond to questions!

This is one of those situations where time flies. Every passing day tends to reduce your options.

[pete75]

Cycling on the pavement can get you a criminal record I believe. Big problem if you want to visit the USA!

Al

Why? Is it any worse than a speeding conviction which causes no problems?

[UKcyclistnewby]

It may be worth sending a request to the traffic management team to find out the basis for that sign. It isn't visible to people coming from the other direction, or out of the station.

If the OP was coming from the other direction on Hammersmitth Rd, there is shared use marked on both sides of the road.
https://www.google.com/maps/@51.4930331 ... 384!8i8192
https://www.google.com/maps/@51.4930874 ... 384!8i8192

There is nothing to indicate that the cycle facility has ended.

As you say, I came from Hammersmith Rd going towards King St so I saw exactly the view of your first map, followed by two pedestrian/cyclist traffic lights. As such, I thought that the bicycle path continued and I was genuinely allowed to cycle there. I got the fine right in front of Hammersmith station and about ten other people cycled past while he was giving me the fine!

[UKcyclistnewby]

If you are a member of Cycling UK, they may be willing to assist you in this matter. If you aren't, it may be worth ringing them, anyway for advice.

The Cyclists' Defence Fund has supported cases like this in the past, e.g. the case of Kristian Gregory who was given a FPN for riding on the pavement when he strayed from a sub-standard cycle path. CDF supported Kristian’s claim that prosecuting him was not in the public interest and that the contradictory signage at the location made it impossible to tell what is legal.

Thank you very much for your advice! I've contacted Cycling UK to see what they say.

[UKcyclistnewby]

Is it worth appealing this or is it lost money?

The latter... pay up and take advantage of the discount for early payment. That way, at least you have the benefit of kidding yourself you got off with half price !!

There sadly doesn't seem to be an early repayment discount!

[UKcyclistnewby]

The Hammersmith roundabout ... without a segregated bicycle path

I go past there on route to work. Where are you coming from and going to? I may know an avoiding route.

Thank you, an alternative route would be great! I'm coming from Hammersmith Rd and going to King St.

[thirdcrank]

Is it worth appealing this or is it lost money?

The latter... pay up and take advantage of the discount for early payment. That way, at least you have the benefit of kidding yourself you got off with half price !! :lol:

There sadly doesn't seem to be an early repayment discount!

I think that if you read all the information you received on or with the ticket, the penalty will increase if it's not paid by the deadline.

[UKcyclistnewby]

Whenever this general subject comes up it tends to create some interest and I'm working on the assumption that this is a one-time poster doing just that. I'm more than happy to be proved wrong over their motivation. My reason for posting now is that a recipient of a ticket may join the forum looking for advice but without posting.

Thank you very much for setting out the risks of not paying a fine out so clearly. I will certainly make sure to pay if I do not appeal before letting the payment term pass, it is not worth the risk!