If it were me I would definitely appeal. There are guidelines issued
regarding the use of FPN's including by community wardens, and it does
not seem there were followed. After all if the guidelines on speed
enforcement are not followed to the letter (and the almost always are)
motorists are very quick to appeal. I feel you no more deserved a fine
than a motorist illegally doing 71 Mph on a clear motorway. Imagine the
outcry if the police started doing that!
First of all you should quote what Home Office Minister Paul Boeteng
said when he issued a letter making it clear when FPN's should be used.
to quote:
'The introduction of the fixed penalty is not aimed at responsible
cyclists who sometimes feel obliged to use the pavement out of fear of
traffic and who show consideration to other pavement users when doing
so. Chief police officers, who are responsible for enforcement,
acknowledge that many cyclists, particularly children and young people,
are afraid to cycle on the road, sensitivity and careful use of police
discretion is required.'
Secondly, I have a letter sent to me from the Home Office regarding
the Use of FPN's by 'Community wardens which reinforces the above:
The Home Office
7th Floor, 50 Queen Anne's Gate, London
SW1H 9AT
Telephone: 0870 000 1585
Fax: 020 7273 2065
Textphone: 020 7273 3476
E-mail: publicenquiries (at)homeoffice.gsi.gov.uk
Web Site: www.homeoffice.gov.uk
Reference: T5080/4 23 February 2004
Thank you for your e-mail dated 22:01:2004 14:07:11 about cycling on
the pavement.
The enforcement of cycling offences is an operational matter for
individual chief officers of police. The Government wishes to promote
cycling, but are concerned about irresponsible cycling which cannot be
condoned.
One of the key aims in the police reform process is to free up police
officers for front line operational duties and to harness the work of
the extended police family in supporting the police in tackling low
level crime and anti-social behaviour. To help the police deal with
cyclists who use the pavement inconsiderately or irresponsibly the
Government included provisions in the Police Reform Act which received
Royal Assent on 24 July 2002 which will enable Community Support
Officers (CSOs) and accredited persons to be given the power to issue
fixed penalty notices for offences such as cycling on the pavement.
CSOs and accredited persons will be accountable in the same way as
police officers. They will be under the direction and control of the
chief officer, supervised on a daily basis by the local community beat
officer and will be subject to the same police complaints system.
The Government have included provision in the Anti Social Behaviour
Bill to enable CSOs and accredited persons to stop those cycling
irresponsibly on the pavement in order to issue a fixed penalty notice.
I should stress that the issue is about inconsiderate cycling on the
pavements. The new provisions are not aimed at responsible cyclists
who sometimes feel obliged to use the pavement out of fear of the
traffic, and who show consideration to other road users when doing so.
Chief officers recognise that the fixed penalty needs to be used with a
considerable degree of discretion and it cannot be issued to anyone
under the age of 16.
The cycling infrastructure and environment are currently under
improvement as a result of our National Cycling Strategy. We expect
this improvement to reduce the incentive to cycle on the pavement.
Yours sincerely
John Crozier
So at the very least make a fuss and send them copies of the above. I
have heard of cases where over-zealous 'Community wardens' have been
moved on after such complaints have been made. Definitely get onto the
CTC's legal team if you are a member. At one time they were supposed to
be monitoring abuses of the use of FPN's such as this.
