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Can you get a parking ticket while you are still in the car?

(31 Posts)
KouklaMoo Wed 02-Nov-11 20:00:34

My mum was waiting for my stepdad for his usual lift back from the local station (outer London Network Rail). She has done this for the last 20 odd yrs -she always pulls her car up on the kerb, but never leaves the car. She has now been got by one of those 'camera cars' and received a ticket through the post for being parked on the kerb. This ticket was received 3 weeks after the event - and since in the meantime she continued to park this way collecting my stepdad every day, she has now received 2 more! She is contesting this - as she never 'parked' as she never left the car. Has she got a chance, is this fair?

ASuitableGirl Wed 02-Nov-11 20:02:30

If it's somewhere you're not meant to park then surely you're not meant to park there. If I'm in a car and it is stopped then I've parked - doesn't make a difference whether or not I've got out I don't think.

What do the signs where she has parked say? Is it a complete ban on parking?

PumpkinUpTheVolume Wed 02-Nov-11 20:07:31

Yes, it's irrelevant whether someone is in the car or not.

As per the legislation, she had stopped the car/parked in contravention of the regulations (footway parking). This is basic Highway Code driving practice. She was 'parked' I'm afraid. Equally, no signs/time plates are required.

Sorry.

KouklaMoo Wed 02-Nov-11 21:13:46

To park where she did was legal - she was got for being parked on/up the kerb.

KouklaMoo Wed 02-Nov-11 21:15:03

She is contesting it - I am trying to persuade her not to bother tbh, as I am sure it it illegal to park n the kerb, and if you're caught you just have ot suck it up - is that true?

KouklaMoo Wed 02-Nov-11 21:15:54

But, is is defintely still illegal when she was still in the car?

PumpkinUpTheVolume Wed 02-Nov-11 21:22:29

Yes, it is true.

She is within her rights to contest it but make sure she adheres to the time limits stated on the Notice itself.

It is illegal to park on the footway unless timeplates advise you otherwise ie you always assume that you can't park like that unless there is a sign telling you that you have to because the road is narrow for example.

The ticket hasn't been issued for parking on the kerb as such but because she was parked on an area that is not part of the carriageway.

As I said, its in the highway Code.

PumpkinUpTheVolume Wed 02-Nov-11 21:25:06

Re your last point, yes, it is valid despite the fact she was in the car. It honestly makes no difference at all. I know it's annoying though, particularly as she was issued with multiple tickets.

MOSagain Wed 02-Nov-11 21:29:57

Yes, agree with others, makes no difference whether she was in the car. It is an offence to park on the pavement/kerb.

ginmakesitallok Wed 02-Nov-11 21:30:20

She shouldn't have been on the pavement, why would it matter whether or not she was in the car?

KouklaMoo Wed 02-Nov-11 21:31:43

Thanks Pumpkin - she's pissed off about it! She's going to contest (I gather, from our conversation tonight) but she will end up paying more if she loses. She then has the other two tickets.

KouklaMoo Wed 02-Nov-11 21:36:07

This is the weird thing - everyone parks up onto the pavement outside our house, and the neighbouring 4 houses - narrow country lane, otherwise it would be a construction on the road. Is is absolutely illegal to be up on the kerb; we residents could be got at ay time?

KouklaMoo Wed 02-Nov-11 21:36:39

Sorry *obstruction blush

hellhasnofury Wed 02-Nov-11 21:39:35

As far as I know unless there are markings/signs to indicate otherwise the you are not allowed to use the kerb on park on. I wish more areas would crack down on it. Selfish pavement parkers make a simple walk hell on earth for buggies, wheelchairs and the visually impaired.

PumpkinUpTheVolume Wed 02-Nov-11 21:43:12

It is illegal however the Council will have roads which are footway exempt ie where it does not enforce this contravention ie because the road is narrow etc.

Equally, where you live could be outside of a controlled parking zone and therefore whilst it is still illegal, it will only be enforced if a Civil Enforcement Officer is specifically called to the area as a result of a complaint.

I would suggest she writes in now, she will not pay double if she sticks to the advice on the Notice and complies with the legislation. At least if she appeals she'll feel as if she has had her 'say' and the Council can explain the contravention to her and answer any questions.

PumpkinUpTheVolume Wed 02-Nov-11 21:45:57

It does cause millions of pounds worth of damage and I must admit is a bug bear of mine as it is a massive issue for the visually impaired ie its extremely dangerous and forces those in wheelchairs/with buggies onto the road.

<rant over>

Xmasbaby11 Wed 02-Nov-11 21:50:41

Yes, they can get you for it - I've been done. We pulled up outside my cousin's house. The traffic warden appeared. We said we needed to get into the house to pick up the visitors' permit they had purchased. We got a ticket immediately.

KouklaMoo Wed 02-Nov-11 21:52:43

hellhasnofury - honestly, where she was parked there was ooodles of space - you could get 2 double buggies through there - she was not causing an obstruction either on the road or the pavement. But i understand this issue can be very annoying.

Pumpkin, she has done this, and got a magistrates date <yikes> she wants to argue it - she is so livid that she has parked there practically every day for the last 20yrs, and that she was not causing an obstruction confused

sneezecakesmum Wed 02-Nov-11 21:56:06

I was fined for parking on the pavement in London, its a waste of time appealing but I don't think they can penalise you for doing so. carefully read the terms and conditions on the parking ticket.

NotJustClassic Wed 02-Nov-11 22:01:18

Message withdrawn at poster's request.

KatharineClifton Wed 02-Nov-11 22:05:55

Is the ticket from the Police or an official ticket warden? It it's a private company then it's just an invoice, as I found out in the summer.

KouklaMoo Wed 02-Nov-11 22:21:10

I don't think it was a police notice - it was one of those 'smart cars' which are black and have 'camera car' on them. WHich I think is council enforcement? Not sure though. My dh and I saw one of these cars when we were driving in the same area.

NotJustClassic, thanks for that website. Here's the thing - the particular place my dm was in is classed as Kent by address/geographical postcode. But it counts as Greater London as far as London Transport/ Train ticket prices are concerned. It it Crayford, Kent.

Complicated.

KatharineClifton Wed 02-Nov-11 22:24:06

Council are enforceable. I think the ticket I got was CCP or some other crap company - not enforceable. It'll say on the ticket/invoice who has issued it.

PumpkinUpTheVolume Wed 02-Nov-11 22:24:43

It is a Council issued ticket then.

Why don't you just call the Council and enquire further or if your Mum looks at the PCN, it will say which legislation it was issued under.

LaurieFairyCake Wed 02-Nov-11 22:28:15

Check it carefully though as they have to issue tickets in a timely fashion and I think 3 weeks is too long.

If she had received a ticket within the week then maybe she wouldn't have parked there. I would definitely appeal.

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