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20 comments
Just to update this, mate has just got back from visiting his homeland in New Zealand and found that the police have admitted their mistake, refunded the fine he had already paid and will not be putting points on his licence. They don't seem to be interested in his offer to pay for the actual offence, which he would've been happy to do...
Many thanks for all the advice and clarifications offered, they were very useful in composing the letter which produced this outcome.
Thanks for the update, I was wondering how
youyour mate had got on with this 😜I'm amazed at the placid acceptance of police double (at least!) standards on here. Cyclist goes through red light and it's 'we'll throw the book at you, you red light running cyclist b******!'. Driver goes through a red light and the police (in Lancashire, anyway) just ignore it and social media comments of 'everybody does it' are generally accepted. '40 tonne tipper at 50 mph through red light? That'll do nicely, sir and ... mind how you go'. We have just seen a thread where the Filth responded to a driver passing a light at red with 'what about cyclists going through red lights, then'. I'm putting this on here again because it shows the point, but I have HD video of loads more RLJs ignored by Lancashire Constabulary, including one where the van had no MOT. This is the scene when the lights turned red, before Audi Q5 T90 JDT crashed through them at 40-50 mph, towing a large caravan
This sounds like one for Beelzebub himself.
I suspect that the Met' will probably fall foul of the the fact that there'll be a deadline for the issuance of a fixed period penalty notice for a s.36 offence - crossing a stop line on a red light. The time limit may well be 'your friends' best friend
Yes I was wondering whether we should delay replying until the sell-by date to issue a new ticket was past, but he (it isn't me, honest!) is going back to his native New Zealand for three weeks in August so would like it out of the way beforehand. Also, we're not trying to con anyone, he's put his hands up for the offence and is happy to pay the fine, but not double plus three points for an offence he hasn't committed.
The officer has used the wrong offence code. They've booked them for this:
https://offencecode.uk/offence/drive-on-a-road-other-than-motorway-and-f...
When it should have been this:
https://offencecode.uk/offence/ride-a-pedal-cycle-on-a-road-fail-to-comp...
Should be £50 and no points.
Thanks that's very useful.
You're welcome and this was before my second coffee of the day too!
It's quite hard to find a list of fixed penalties that apply. What seems clear to me is the exact same offence is being committed (Sec. 36) whether in a car or on a bicycle. The ultimate penalty that can be given in court is £1000 and 3 points.
So it would seem that 3 points (and up to £1000 fine) could theoretically be handed out in court. However, it's unlikely a court would impose points on a cyclist or fine them as much as a driver; so the fixed penalties are different to reflect that.
Letter:
Looks like it may well be a pro forma that expects the vehicle to be a car - where it says PEDALCYCLE would be where the vehicle reg would go - and whoever issued it didn't pay enough attention to amend the penalty details.
It looks like the FPN is a standard one for motor vehicles and the policeman has simply pressed a button to produce it.
I think my starting point would be to check that the various statements made on it are all applicable to pedal cycles, e.g. the sections of law, do they apply to motorised vehicles? If there are errors due to the wrong notification being made then the NIP is invalid.
A Google suggests points cannot be given for cycling offences, including red light jumping being specifically mentioned by Cycling UK, but I would not rely on Google in court!
So my guess is that the NIP is invalid.
Thanks both, I think you're right, they've entered PEDALCYCLE as his reg number! Doubtless will take months to sort out...
Realised I didn't give the best advice - go to pepipoo.com and ask there - they will be helpful.
what licence? there is no pedal cycle licence.
Indeed, that's what set me to thinking there must be shome mishtake.
I may be wrong here, but I think that the court can award points which will be automatically added to your driving licence, should you ever apply for one. However, in this case, as others have pointed out it looks as if the police have used the wrong legislation and the offence shouldn't attract points. Hopefully, someone who knows more about the law will be able to say if this is correct, or not (also, I'm in Northern Ireland and our traffic laws are slightly different from mainland UK)
You are correct - for road traffic offences where you don't hold a license - eg EScooters.
Not for a bike though.
IANAL but pretty sure that isn't the case, there is no cycling offence that can have penalty points imposed. What a court can do is suspend or indeed remove your driving licence for a cycle offence if it's sufficiently serious, or if you don't have a licence it can ban you from applying for one for a set period.