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

[josh]

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​

 

[Banjo]

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​

I can understand your annoyance but going to court is going to cost you time and money plus the possibility you lose and some demented magistrate could fine you more.

 

[benb]

I was also under the impression that guidance had been issued as to when to prosecute someone for cycling on the pavement, and it should only be done when the cyclist is being dangerous or inconsiderate.

If using one of those scooters is legal on the pavement, then it should also be legal to "scoot" your bike.

 

[tudor]

I can't believe you can actually get fined for something like this.
I mean, I haven't been here long enough (couple of months) but still...this sounds so unnecessary.
I've seen chavs or students causing trouble all summer long around here and most of the times the police would just disperse them.

So, what else should I be on the lookout for when I'm riding my bike in the UK?

 

[ohnovino]

Crank v Brooks [1980] clarified the difference between riding and walking. Specifically it was dealing with someone who pushed their bike over a crossing, rather than carrying it.

In my judgement a person who is walking across a pedestrian crossing pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a 'foot passenger'. If for example she had been using it as a scooter by having one foot on the pedal and pushing herself along, she would not have been a 'foot passenger'. But the fact that she had the bicycle in her hand and was walking does not create any difference from a case where she is walking without a bicycle in her hand. I regard it as unarguable the finding that she was not a foot passenzer

 

[steve52]

fight it if u can it needs to be challenged anyway, scooting is not riding, and i teach my grandchildren to ride carfully on the pavment when its not safe for them on the road, i even lead them sometimes out one rule is give way to peds,and will certainly chalenge it should i ever get a ticket, its about not being a danger ,not weather we are on the pavement or not, and that is a concept that needs the ocasional shove

 

[ianrauk]

Got done for the same last summer outside Buckingham Palace. The road was shut so a 'real' copper told us to use the path. So I 'Scooted' along. It was packed with peds anyway so you couldn't cycle even if you wanted to.

But no.. PSCO Gordon Brown (apt name huh?) aka plastic police jobsworth tosspot dickhead w@nker decided that I was cycling and gave me a fine.

 

[NormanD]

PSCO Gordon Brown (apt name huh?) aka plastic police jobsworth tosspot dickhead w@nker decided that I was cycling and gave me a fine.

I take it you weren't happy Ian

 

[lukesdad]

Lucky HER MAJ didnt see you Ian, you would have been bannished to the Tower

 

[screenman]

Scooting, cycling, same thing in my book. I would go as far as to say you have less control scooting than you do cycling. If you do not want to do the time do not do the crime. People like the OP get cyclist a bad name.

 

[yello]

I would pay the 30 and move on. It may be worth the £30 to not have to sit in a court waiting room for hours / days waiting for your turn not to be listened to. FWIW I don't think you shouldn't have to pay and think the fine is very very unfair.

Agreed.

Personally, I'd pay it and move on. Whether scooting is riding or no is, imho, hardly worth putting yourself through personal angst over. There are greater injustices and life is too short to spend on this one.

Yes, I do think it an injustice. I reckon you have as much control over a scooted bike as a wheeled one. I personally would not have scooted on a "tight" and busy pavement but that's neither here nor there - I think it can be done quite safely. But, quite frankly, I couldn't be arsed wanting to prove that in a court!

 

[deptfordmarmoset]

Crank v Brooks [1980] clarified the difference between riding and walking. Specifically it was dealing with someone who pushed their bike over a crossing, rather than carrying it.

OT, but was there really a court case about cycling between Crank and Brooks? Couldn't they have settled it in the court of seat tube arbitration...?

 

[cd365]

I would have told the PCSO nothing and "scooted" off

 

[ohnovino]

Re-reading the OP, I see you used the word "footpath". Was it on a pavement next to the road or a footpath away from the road?

If it's the latter then it's not covered by The Highways Act - it's only illegal if there's a specific council by-law and should only be enforced if the council have taken steps to show riding's not allowed there (such as posting clear signs).

 

[benb]

Did you identify yourself?

If not, ignore it.