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Hello,
I'm new to the forum so sorry if I'm in the wrong place. I was stopped in town the other day and issued a fixed penalty notice (section 67 Antisocial Behaviour Crime and Policing Act 2014) for unathorised cycling in a restricted area. The stretch of road I was in has a no cycling rule between 8am and 6pm, and it was about 2pm. So it would all seem fair and fine, except I was walking my bike, I wasn't cycling at all!
I have tried to explain this to the enforcement agency for over two weeks but they refuse to back down. It has gotten to the point now where I had put in an information request, and have now actually viewed the body cam footage from the officer. In the first three seconds of the video, it clearly shows me walking my bike before he stopped me. I almost laughed, but when I pointed this out to the agency team leader, he gave me some spiel about it being my choice, but most people who go to court lose.
Is he just bluffing? Could they have more evidence and just not show me?
So it looks like we're going to court, and I'm not too proud to admit I'm a little bit scared, I've never been to a magistrates court. So I have a couple of questions, and I'm really hoping someone can help:
1. If I am summoned to magistrates court and lose, what are the consequences likely to be? Will I get a criminal record? CCJ? £1000 fine etc? It would make the current fine (£80) seem much more palatable, but isn't that what they're preying on?
2. Are bodycam 'confessions' enough to convict me? Having seen the footage back, I was pretty effing stupid with some of my answers. For example he asked "do you know why i stopped you?", and I answered "I think i have an idea..." Then he says "you were cycling just up there" and i answer "...yea..."
My answers are probably just vague enough to be interpreted in several ways, but what I meant was "yes I was cycling up there... on the previous road... where cycling is allowed..." Alas that's not what I said, i said .... yea....
Has anyone been through this sort of thing and can help me out?
Many thanks,
I'm new to the forum so sorry if I'm in the wrong place. I was stopped in town the other day and issued a fixed penalty notice (section 67 Antisocial Behaviour Crime and Policing Act 2014) for unathorised cycling in a restricted area. The stretch of road I was in has a no cycling rule between 8am and 6pm, and it was about 2pm. So it would all seem fair and fine, except I was walking my bike, I wasn't cycling at all!
I have tried to explain this to the enforcement agency for over two weeks but they refuse to back down. It has gotten to the point now where I had put in an information request, and have now actually viewed the body cam footage from the officer. In the first three seconds of the video, it clearly shows me walking my bike before he stopped me. I almost laughed, but when I pointed this out to the agency team leader, he gave me some spiel about it being my choice, but most people who go to court lose.
Is he just bluffing? Could they have more evidence and just not show me?
So it looks like we're going to court, and I'm not too proud to admit I'm a little bit scared, I've never been to a magistrates court. So I have a couple of questions, and I'm really hoping someone can help:
1. If I am summoned to magistrates court and lose, what are the consequences likely to be? Will I get a criminal record? CCJ? £1000 fine etc? It would make the current fine (£80) seem much more palatable, but isn't that what they're preying on?
2. Are bodycam 'confessions' enough to convict me? Having seen the footage back, I was pretty effing stupid with some of my answers. For example he asked "do you know why i stopped you?", and I answered "I think i have an idea..." Then he says "you were cycling just up there" and i answer "...yea..."
My answers are probably just vague enough to be interpreted in several ways, but what I meant was "yes I was cycling up there... on the previous road... where cycling is allowed..." Alas that's not what I said, i said .... yea....
Has anyone been through this sort of thing and can help me out?
Many thanks,
