Zig zag lines - Advice please, urgent

[Daisys Grandma]

About 6 months ago my husband parked on zebra crossing zig zag lines (he knew the risks!) to collect a takeaway. When he came out a policewoman was standing by the car and he was 'invited' into the patrol car that was parked across the road in the ATS Tyres forecourt where he was cautioned and signed some paperwork. He was told the matter would be sent to the CPS who would decide his fate.

 

About 3 weeks ago he received notice of intended prosecution (so 5 months after the event) and is due in court this Wednesday. My questions are:

 

1. Why wasn't he just given a PCN like others I have read about on this site?

2.The advice he has been given is to 'throw himself onthe mercy of the court' and appeal for a lesser punishment. He already has 9 points from 3 speeding penalties so is looking at a 6 month ban at least, I fear

3. Why has it taken so long for this to come through?

 

Any advice would be gratefully received! Thank you

[johnjordan]

Firstly I would find out whether they are legally enforceable zig zag lines. I recently asked my local police to enforce those outside my local school and received the following reply :-

" I must advise that not all zig zag markings are mandatory. There are only a handful of sets in Leicestershire County that have a legal order which ensures that they are mandatory and enforceable"

[silverfox1961]

Hi and welcome to CAG.

 

My thoughts are that once 'collared' the police did a check and discovered that he had the speeding points. While the police have some leeway in their decisions, his 'previous' may have led them to decide to 'chuck the book'

 

My opinion only. He should suck it up, take the ban (if appropriate) and learn that the rules of the road are there for us all.

[Raykay]

Firstly I would find out whether they are legally enforceable zig zag lines. I recently asked my local police to enforce those outside my local school and received the following reply :-

" I must advise that not all zig zag markings are mandatory. There are only a handful of sets in Leicestershire County that have a legal order which ensures that they are mandatory and enforceable"

 

Yellow school zig zags are a completely different matter to white pedestrian crossing zig zags, and covered by different legislation.

[Raykay]

 

1. Why wasn't he just given a PCN like others I have read about on this site?

 

 

With 9 points on his licence, he would not be eligible for a FPN.

[johnjordan]

Yellow school zig zags are a completely different matter to white pedestrian crossing zig zags, and covered by different legislation.

 

My zig zags are for a zebra crossing. It just happens to be outside of a school too but they are white.

[Raykay]

My zig zags are for a zebra crossing. It just happens to be outside of a school too but they are white.

 

Pedestrian crossing zig zags are all mandatory and enforceable, I suggest that you contact the police again and explain that they are pedestrian crossing zig zags not school zig zags.

Edited July 1, 2013 by Raykay

[Aretnap]

He has a summons, not a NIP. A NIP isn't required for this type of offence, and in any event he was presumably told at the time that he would be prosecuted. They have six months from the offence date to apply for a summons, and backlogs are such that minor offences often take most of that time.

 

While councils can deal with parking on a zig zag it remains a criminal offence which gets a mandatory 3 points in court - it's taken seriously as it affects the safety/visibility of pedestrians using the crossing. So I'm afraid doing it while on 9 points was a bit silly. It's a bit late now but if he really must park illegaly he should do it on double yellow lines instead - that way it will only ever be a fine and no points.

 

It sounds like he's bang to rights so his only real way of avoiding a ban would be to plead that a ban would cause exceptional hardship. There's no set in stone definition of exceptional hardship but in general hardship caused to innocent third parties will weigh more heavily tan hardship caused to the offender himself.

 

Or he could plead not guilty and hope to get off because the police witnesses don't turn up - it can happen, but it's a desperation move, and if they do turn up he can look forward to several pounds extra is costs, and not much sympathy when he makes his exceptional hardship plea once he's been convicted.