Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: Rintels on March 02, 2026, 04:21:29 pm

Title: Re: Lorry parked on the exit of services
Post by: ManxTom on March 04, 2026, 11:39:41 am: Quote from: Rintels on March 02, 2026, 04:49:55 pm
Contravention of special roads regulations(excluding speed limits) MW10

On 28/01/2025 at Lancaster in the county of Lancashire stopped a vehicle, namely MAN HGV index number NX71SKD, on the carriageway of the M6, Lancaster.
Contrary to regulation 7(1) of the Motorways Traffic (England and Wales) Regulations 1982, section 17(4) of the Road Traffic Regulation Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988.

Can you give Google maps street view link to where you were parked?

https://www.google.com/maps/@54.0519405,-2.775718,13z?entry=ttu&g_ep=EgoyMDI2MDMwMS4xIKXMDSoASAFQAw%3D%3D
Title: Re: Lorry parked on the exit of services
Post by: NewJudge on March 04, 2026, 09:00:14 am: You haven’t said, but did you actually attend the hearing where the court agreed to quash your conviction?

I’m assuming you did and that you performed a “Statutory Declaration”. If so, was the charge put to you again and were you asked to enter plea?
Title: Re: Lorry parked on the exit of services
Post by: Rintels on March 04, 2026, 08:06:44 am: Quote from: BertB on March 03, 2026, 09:51:05 am
Is the next hearing date after the stat dec really scheduled for December 2026?

Yes it is , I they do not want to send any evidence prior 21 days before trial
Title: Re: Lorry parked on the exit of services
Post by: BertB on March 03, 2026, 09:51:05 am: Is the next hearing date after the stat dec really scheduled for December 2026?
Title: Re: Lorry parked on the exit of services
Post by: andy_foster on March 03, 2026, 08:24:32 am: Quote from: roythebus on March 02, 2026, 10:34:05 pm
It could be 4 points for a professional driver.

The legislation (Schedule 2) says
Quote
3-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case.

As this was explicitly not in respect of a speed restriction, perhaps you could provide an authority to support your assertion that "3 in any other case", as stated in the legislation, does not apply in respect of a professional driver.
Title: Re: Lorry parked on the exit of services
Post by: NewJudge on March 03, 2026, 08:24:20 am: The statutory maximum for the offence is three points.
Title: Re: Lorry parked on the exit of services
Post by: FuzzyDuck on March 02, 2026, 10:48:06 pm: Not according to the Magistrates Sentencing Guidelines.
Title: Re: Lorry parked on the exit of services
Post by: roythebus on March 02, 2026, 10:34:05 pm: It could be 4 points for a professional driver.
Title: Re: Lorry parked on the exit of services
Post by: FuzzyDuck on March 02, 2026, 06:04:19 pm: That is a 3 point (only) offence, are you sure it says 4 on your driver record?
Title: Re: Lorry parked on the exit of services
Post by: Rintels on March 02, 2026, 04:49:55 pm: Contravention of special roads regulations(excluding speed limits) MW10

On 28/01/2025 at Lancaster in the county of Lancashire stopped a vehicle, namely MAN HGV index number NX71SKD, on the carriageway of the M6, Lancaster.
Contrary to regulation 7(1) of the Motorways Traffic (England and Wales) Regulations 1982, section 17(4) of the Road Traffic Regulation Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988.
Title: Re: Lorry parked on the exit of services
Post by: FuzzyDuck on March 02, 2026, 04:27:16 pm: Clearly was not a parking ticket, as these do not attract points. So I suspect it was something else, although 4 points seems a strange number. What is the offence code on your driving record?
Title: Lorry parked on the exit of services
Post by: Rintels on March 02, 2026, 04:21:29 pm: Hello,

I received a parking ticket for my truck, but I didn’t receive any correspondence for a year. Then I found out that I had 4 penalty points and a £600 fine.

I had a hearing at Burnley Magistrates’ Court because the case documents were sent to the wrong address. The court decided to reopen the original case and remove the 4 points and the £660 fine from my driving licence record until the next hearing in December 2026.

However, the points and fine are still showing on my record. I have spoken to Burnley Court many times, and they keep telling me to send an email and that they will remove them. It has been three weeks and nothing has happened.

Do you have any advice on what I should do or who I should contact?

Also why it went straight to court and not a parking ticket ?