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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70190
Experience:  Over 5 years in practice.
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unnessary obstruction

Customer Question

Hi, my father is a taxi driver and was given a ticket for unnessary obstruction when he was waiting to go into the taxi rank. He was waiting less than 5 minutes.

the officer did not give him a ticket when he alleged my father commited an offence. He call my father the next day and asked him to come to the police station. my father asked by law does he have to come to the police station the officer reply was no.

so my father said he could not come in today but will come in on monday to this the officer responded and said he must come in or else he will give the ticket at the taxi rank and he said do you want me to embarrass you infront of the rest of the taxi drivers

my father then went to work and saw the officer he told my father to sign a piece of paper for the offence. My father refused as he said he did not commit a offence.

The police officer I will see you in court and do you and then lastly he said im warning you if you keep committing these offences i wil keep giving u tickets in a threatening manner.

can an officer talk to you with such disrespect?

can he issue a ticket a day after the offense?

can we record how the officer is speaking with the taxi driver as evidence with out him knowing we are recording?

also he gave a peice of paper stating the offence commited and his name and the location but in the reference box he did not put a number? was this wrong of him surely he should of put a reference number?

Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I'm sorry for the delay overnight.

So, in short, he has been ticketed for obstruction? Did he cause an obstruction? He seems to accept that he did ?
Customer: replied 4 years ago.

He does not admit that he caused an obstruction as he was waiting to go into the taxi rank and a obstruction was not caused.

Expert:  Jo C. replied 4 years ago.
Did he stop in the middle of a highway whilst waiting?

Customer: replied 4 years ago.

No he was not in the middle instead he moved his car to the side on double yellow and was stationary waiting to enter the taxi rank. He was waiting to move into the taxi rank and was on double yellow less than 5 mins

Expert:  Jo C. replied 4 years ago.
The problem with this is that 'less than five minutes' is actually a very long time in the context of these contraventions.

Ultimately he can always refuse to pay the FPN and go to court but I could not guarantee his chances. Magistrates do generally believe police officers if it comes right down to a dispute over fact.

On your specific points above

1 Yes, I'm afraid they can. Officers are regularly rude and antagonistic. I suppose there could be a complaint to the force but it doesn't amount to a defence.

2 Yes, he can.

3 Yes, you can do that but there's no defence arising so there's no point.

4 No, there's no need for a reference number.

I am sorry but you seem to be trying to argue that because the officer wasn't especially professional the fine won't stand and I'm afraid it will not fall on that basis.

Customer: replied 4 years ago.

Cause unnecessary obstruction by motor vehicle - Contrary to regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, section 42 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction.

103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction.

this is the law that covers the offence. It state no one should stand on the road to cause an unnecessary obstruction.

No obstruction was caused? car could pass by freely my father was on the side of the road in double yellow for a short time waiting to go into his taxi rank surely this is not an offence and as no real obstruction was caused he doesnt belive he committed the offense?

we don't mind paying the ticket fee as it only £30. But the way my father was treated was not right.The officer to ring his mobile and speak to him in such a way saying i'll see you in court and do you and than stating i will come to the taxi rank and embarrass you in front of everyone that will be better for you.

We can pay for the ticket but this officer seems to be causing alot of problems for the taxi driver at the rank. Alot of taxi driver have complained he is racist and now we shall be trying to put in a compaint regarding the officer and not the ticket.

The police are not meant to treat you is this way?

Expert:  Jo C. replied 4 years ago.
Ok. Good luck with this then. Opting out
Customer: replied 4 years ago.

Sorry what do you mean opting out?

Expert:  Wendy-Mod replied 4 years ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Customer: replied 4 years ago.

Hi wendy could you please cancel the question. thank you