Penalty Points on Driving License for Cycling Offence

[Twilkes]

You could try the Speed Plod & The Law forum on pistonheads.com, they tend to be useful for this kind of stuff, several police and ex-police post on there, all the lawyers got fed up of the layman bullshit though.

 

[Scotchlovingcylist]

Regardless of the op being awol the advice still stands.
There is no way this could be enforced realistically @jang call the issuing force and explain and please let us know the outcome, dont dissappear for a year

 

[Chris S]

And I think @Drago hasn't been heard of for a while either.

Drago flounced off a while ago. I started a thread to find out why but the moderators deleted it.

 

[Twilkes]

This may well be the OP, asking 8 months ago (i.e. June 2021) and getting an answer from a barrister to say yes, it's correct:

https://www.justanswer.co.uk/law/h17e7-stopped-police-allegedly-cycling.html

 

[Sea of vapours]

This may well be the OP, asking 8 months ago (i.e. June 2021) and getting an answer from a barrister to say yes, it's correct:

https://www.justanswer.co.uk/law/h17e7-stopped-police-allegedly-cycling.html

That answer from the barrister, which says that the code is valid for a cycling offence and that penalty points may be put on a driving licence, seems pretty odd given the discussion above, and also given the following statement from a page on the Cycling UK site which states that:

Whilst it is true that you can't have your driving licence endorsed with penalty points because of an offence committed on a bicycle, it's often overlooked that the court does have a general power under the Power of Criminal Courts (Sentencing) Act 2000 to disqualify anyone from driving, without imposing penalty points, for any offence, including a cycling offence.

I'd like to think it unlikely that Cycling UK would make that statement without having confirmed it so I'd strongly suspect that they are right and that the particular barrister is wrong. (The statement is in the 'alcohol and drugs' section, but isn't contradicted elsewhere on that page.)

 

[Chris S]

This may well be the OP, asking 8 months ago (i.e. June 2021) and getting an answer from a barrister to say yes, it's correct:

https://www.justanswer.co.uk/law/h17e7-stopped-police-allegedly-cycling.html

An internet barrister? They're probably an internet COVID expert as well.

 

[Tenkaykev]

An internet barrister? They're probably an internet COVID expert as well.

No, do keep up! They are now experts on politics and the Russia / Ukraine situation 😉

 

[Ming the Merciless]

Should have been code ZP97008 and that carries fine of £50 and no penalty points. Can you cancel it if incorrectly issued I wonder ?

 

[jang]

Hi all! Thank you for all your help.

I called up the met police FPN hotline - 0207 230 1199 - they confirmed that it was the officer who issued the penalty has made a mistake and it has been canceled.

I would’ve liked to have the bravery to take @Drago advice and let it go to court. But calling that number was quick and solved the problem straight away.

Thanks! I’ll keep an eye on this forum for future cycling issues. I cycle to work everyday through London from Croydon so the chances of this happening again are probably quite high 😅

 

[Scotchlovingcylist]

@jang thanks for the update and correct, no need to drag it out to court when it can be corrected easily. Everyone makes mistakes even the old bill and it seems a decent outcome for you.
Im sure Drago would have accompanied you to court if he could be traced.........

 

[keithmac]

Sounds like a helmet cam wouldn't be a bad idea if they've started down this road imho.

As for the OP I would probably have taken a picture of the cycle specific filter light just in case you needed proof. (Obviously you can't prove what state it was in).