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

[KouklaMoo]

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?

[prh47bridge]

Zombie thread. As it is over 6 years old I very much doubt the OP still needs an answer.

[HRME2]

Although you can legally park on the pavement in most areas as long as you leave a good gap, however in London you cannot Section 244 of the highways code should clear this up, Quote “The Highway Code rule 244 says “You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs”

Hope this helps.

[sneezecakesmum]

I've also read its about a month from the offence. If you havent heard by then youre not going to.

am often holding breath after spotting speed cameras too late, think its the same with parking

[BerylsSausagePlait]

Collaborate, I actually think it might actually be 28 days - London Local Authorities and Transport Act (section 6). 'Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred'...

I think if I read the history correctly the OP said that it was issued by a Camera Car/Smart car in which case it appears to be Council issued.

[Collaborate]

I think it's 14 days. OP - look at www.pepipoo.com/Home.htm - a great site for motoring offences.

Was it railway property she was on? What law is she alleged to have broken? It might be a PPC (private parking company) in which case tell her to tear it up. They have no legal standing.

[PumpkinUpTheVolume]

Laurie, that only applies to certain tickets ie the number of days in which a PCN has to be served depends on how the PCN is issued ie if it's by camera then I believe (but could be wrong) that its 21 days.

[LaurieFairyCake]

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.

[PumpkinUpTheVolume]

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.

[KatharineClifton]

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.

[KouklaMoo]

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]

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.

[sneezecakesmum]

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.

[KouklaMoo]

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 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

[Xmasbaby11]

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.

[PumpkinUpTheVolume]

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.

[PumpkinUpTheVolume]

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.

[hellhasnofury]

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.

[KouklaMoo]

Sorry *obstruction

[KouklaMoo]

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]

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.

[ginmakesitallok]

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

[MOSagain]

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

[PumpkinUpTheVolume]

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.

[PumpkinUpTheVolume]

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.