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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 72127
Experience:  Over 5 years in practice.
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HI, last Wednesday, whilst part of teh No To Bike Parking

Customer Question

HI, last Wednesday, whilst part of teh 'No To Bike Parking' protest, one of the attanding Police officers pulled me aside and issued me a ticket for 'invalid format' number plate. I would like to challenge this tiket as there is no physical space for larger number plate and letters on this plate are clearly and easily readable (bike came supplied with this plate since new - back in 1999 and passed MOT without any issues).
Also I believe that my Hman Rights were infringed (Articles 10 and 11) as I was prevented from peacefully and lawfully protesting. Any advice is appreciated.
Submitted: 8 years ago.
Category: UK Law
Expert:  Jo C. replied 8 years ago.

 

So do the manufacturers accept that this is not a valid format?

 

Customer: replied 8 years ago.

Most of them insist on 7 x 9 format, couple of manufacturers are willing to make smaller format but they call it 'show plate'. Harley Davidson Plate mounts are originally designed for American market and their plates are significantly smaller than UK ones. Legal plates may fit on other Harley models, but not on mine because of it's particular configuration.

Expert:  Jo C. replied 8 years ago.

Yes, but thats not a defence.

 

Do they accept that this is not a legal format? Its a contravention of strict liability so there is no appeal in saying that a legal format doesn't fit.

Customer: replied 8 years ago.
OK..but what about challenging the technicallity of issuing the ticket as I was (at the time) part of a legal and organised protest? By being withdrawn from the protest and length of the process of being issue with a ticket did contravene Articles 10 and 11 of the Human Rights Act. Same office is well aware that he could have waited to teh end of the protest to issue the ticket.
Expert:  Jo C. replied 8 years ago.

Thats not a defence also.

 

You do not have immunity from the law because you are engaged in a protest at the time. To be honest, human rights points fail with road traffic for the most part.

 

Why should the officer wait till the end? Whats the point?

Customer: replied 8 years ago.
I am not findong your answers helpful. So...yesterdays nude cyclists protest does not provide them from immunity for Public Decency laws? I haven't seen any arrests then nor anyone being pulled over and interrogated or prevented from continuing with the protest, despite clearly breaking the law? I was, literraly pulled out of the protest and prevented from continuing (peacefully) for minor infringement, but because I am motorcyclist...different rules apply? Sorry but something does not add up!
Expert:  Jo C. replied 8 years ago.

No, thats probably because you've got no proper challenge to this.

 

I've explained above.

Jo C. and other UK Law Specialists are ready to help you
Customer: replied 8 years ago.
Oh well...that answers legal side. Now for the technical one...how to fit oversize plate into area that just cannot take it. Hmm. Thanks for your patience.
Expert:  Jo C. replied 8 years ago.
Yes, I'm sorry but the whole raft of legislation on road traffic are mostly of strict liability. There's no defence arising from the fact that you are not deliberately flouting the law.