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Gloucestershire Business News

Man charged after driving over traffic warden's foot

A motorist drove over a traffic warden's foot as he tried to drive away when a ticket was being put on his windscreen, a court heard.

Civil enforcement officer Edward Metcalfe, 64, needed hospital treatment to his injured foot and was off work for three weeks, Gloucester crown court heard.

Car driver Cosme Moreira, 39, denied driving over Mr Metcalfe's foot during the incident on 14th August 2017 in Gloucester and claimed the officer had made it up.

He argued that bodycam footage filmed by Mr Metcalfe did not show the car going over his foot at any time.

But the court rejected his appeal against conviction on a charge of careless driving and ruled that the incident had happened as described by the warden.

The court heard that Moreira, of Greenways, Gloucester, had parked in a disabled bay in Eastgate street, Gloucester, and his car was seen there by Metcalfe.

The officer told the court the small red car was parked in disabled bay but not displaying a disabled badge - an offence warranting an instant ticket.

However, he said, he decided to wait a few minutes to give the owner a chance to move away and he walked past the shops as he waited.

"He didn't come out so after ten minutes I issued the ticket," he said.

Mr Metcalfe said at that point Moreira came out of the shops and said he had only been parked there for a minute.

"I told him it wasn't a loading bay but he went 'off on one.' I put the ticket under his windscreen wipers because it has to be on the vehicle. If he drove off without the ticket it would cost him more - £105.

"It is classed as vehicle driven away" Mr Metcalfe explained.

He said Moreira got into his car and went to drive away - and as he reversed and then moved forward he drove over his foot.

"I told him two or three times he had driven over my foot but he just said he had his ticket and wanted to go. Any normal person would get out of the car and ask what had happened and if I was OK,"  Mr Metcalfe told the court.

He issued a 'Code Red' request for assistance from other wardens and contacted the police to attend, he said. He stood at the front of the vehicle with Moreira sitting inside, waiting for police to arrive.

Mr Metcalfe said he went to A&E for treatment and was told he had suffered soft tissue damage to his foot. He had to wear a special boot for two weeks and was signed off work for three weeks. He also hurt his back during the incident.

Moreira, who turned up 30 minutes late for the appeal hearing, which started without him, claimed Mr Metcalfe had simply "made up" the incident.

Referring to the body cam footage he said "The reason we don't see it on the video is because it didn't happen.

"This video doesn't prove I ran over his foot. The video does prove the only person abused was me" he added.

Mr Metcalfe responded that he had no reason to make it up. "I was just doing my job" he said.

"I was not abusive. It is all on camera. If I was abusive I would lose my job. I am 64 and I cannot afford to lose my job!"

Judge Michael Cullum, sitting with two magistrates, dismissed the appeal saying "common sense says if someone is standing near to your car and you move an injury could occur. You should have waited until Mr Metcalfe was away from the vehicle.

"We feel the prosecution has proved that Metcalfe's foot was run over."

Judge Cullum told Moreira he was subject to the 'totting up' rules for disqualification as he already had 9 points on his licence and the magistrates had issued a further 9 points for this offence when they heard the case last October.

Moreira was disqualified for driving at that hearing but had his licence restored two months later pending appeal.

Moreira argued he could not afford to lose his licence because it would affect his job.

He said "it was very difficult to continue with work" during the period he was banned.

Judge Cullum said that as the incident was accidental, a 9 points endorsement was "unjust" and he reduced it to 3 points - but that still meant Moreira was subject to a six months totting up disqualification.

The Judge said that although he accepted things would be difficult for Moreira if banned, he would not suffer "exceptional hardship" and there was therefore no reason to exempt him from the statutory ban.

He would be disqualified from driving for a period of 6 months, less the two months he had already been disqualified for, he ruled.

Moreira was ordered to pay £325 prosecution costs and a £35 victim surcharge at a rate of £100 a month.

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