Free Traffic Legal Advice

I believe that i should at least be sent some photos of the potential error that i made and it seems strange to accept error when i don't know what the contravention was.

What you believe is irrelevant.

You have been offered an opportunity to discharge liability for the offence alleged by accepting a fixed penalty. Either you accept the fixed penalty, and that is the end of the matter, or you do not accept the fixed penalty and would presumably be prosecuted for the alleged offence.

1. You won't be prosecuted without evidence being provided. When you are notified of court proceedings you will also be served with the evidence the police intend to rely on to convict you.

2. If you are convicted following a not guilty plea and a trial in court you will face an income-related fine (minimum half a week's net income), a surcharge of 40% of that fine and prosecution costs of around £620. If your conviction follows from a guilty plea you will be granted a one third discount off the fine and the costs will be around £90.

In short, if your income is £500pw it will cost you a minimum of £325 if you plead guilty or £970 if you plead not guilty but are convicted.

You obviously know when and where this occurred (since you accepted you were the driver at the time and place). Have you no idea at all what it might relate to?

Could you try calling them to ask exactly what you did wrong?

They aren't obliged to tell you, but then again they might.

Don't ask, don't get...

i know exactly the location as it states it on the letter but i have no idea what this is in relation to.

Can you give us the location?

The offence relates to section 22 of the RTA



If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence.


It covers things like parking on a blind bend or approach to a humpback bridge or right on a junction so that traffic has to risk a head on collision to pass because their visibility is blocked- by the car itself or the road layout and the car forces traffic into a potentially dangerous overtaking manoeuvre, or blocking the pavement so pedestrians (e.g. pushchair & wheelchair users) have to step into the road to pass.


The prosecution has to prove that:
(1) You left it there (hence the S172)
(2) The position/condition that it was left caused a danger of injury to others using the road.
(The "in such condition" part would cover not applying the handbrake so that the vehicle could roll, having something unmarked sticking out a long way, or a severe oil/fuel leak spreading out over the road)


I'm unclear on (2) whether a photo of the position would do, or whether they have to observe someone risking injury.

The FPN is £100 + 3 points.

A defence would be "circumstances beyond your control" like a breakdown that locked the transmission so it couldn't be moved until recovery arrive.