My 17 year old son was given a Endorseable fixed penalty notice for contravening a No Entry sign in London. I have read somewhere that the law changed to decriminalise this offence in London by handing the powers to TFL and local authorities but the FPN was issued by police in an unmarked car. I am obviously concerned as 3 more points and he loses his licence. Appreciate your comments. Thank you, Gary.
Province/Country relating to question : London Borough of Lewisham
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Hi, did you say you were going to ask more questions as I see you have stepped out of the chat?
Thats much better.Are they quoting any legislation? Do they refer to ignoring a road sign?
The EFPN refers to offence code 168 - Contravening a No Entry Sign
I'm just checking the penalties. I don't think it does carry points actually.
I can scan and email the EFPN if it would help?
That might be useful actually. I can't find it online so I might need to check my books and I'm out at court right now.If you can give me 30 mins to an hour then I'll be back.
OK no problem. Image attached. Thx.
Sorry for the delay. I've found it.You are right. Most parking offences and some moving traffic contraventions have been decriminalised for some years now. All that means though is that the local councils and TFL have powers to issue fines but not to levy points. It does not mean that the police cannot bring prosecutions in the normal way. Actually most fines for causing an obstruction and dangerous parking are issued by the police.In any event here, breach of no entry signs can be pursued by the councils if its picked up on their CCTV.The same facts can be pursued by the police using the offence of failing to comply with a traffic sign under S36 RTA 1988. That does carry 3 points and a fine.They do have to issue a NIP but I think he was probably given a verbal NIP at scene.They also have to show that they signs were complaint.Also, they have to remember lay an information within 6 months and they do very regularly forget.You can apply to the court to avoid points on the basis that there are special reasons not to add them but you are not really raising them here I'm afraid.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Please rate my answer with OK SERVICE or more and then I will continue for free.
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Thanks, XXXXX XXXXX very useful. I'm afraid there are no special reasons unless my son's stupidity counts! I am just trying to avoid the points for obvious reasons and it was the following statement in PRNewswire that gave me some hopes, albeit in vein - just wonder what you think of the following?
Thanks very much for your advice. One other thing I am going to check is to see whether the no entry signs are advisory or not as opposed to approved by the secretary of state because apparently if they are only advisory then you cannot get prosecuted for contravention. There is so much information (much of it contradictory) around that it is just more confusing. Below is what I am referring to but I guess I will need to ask the appropriate local council the question.
Noted and thanks very much, most helpful.
No problem.All the best.
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