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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Evening My enquiry is: When is a car deemed to be

Customer Question

Good Evening

My enquiry is:

When is a car deemed to be parked illegally so as to allow CPSO to demand rudely and forcefully that the driver move on immediately?

This happened to me today while sitting in my car,with the engine running, and while displaying a Blue Badge despite my having explained that my disabled wife,also an OAP, would be but 2 more minutes and was expecting me to be awaiting her return.

I had parked on "normal" double yellow lines, was not obstucting any exit, or access ,nor was I obstructiing other traffic.

I was told that the regulations for this location differ from other double yellow lines because this road is deemed to be a Service road.

Any comments would be appreciated.

Gerry Fraser
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

I am unsure what other comments I can make.


 


I was threatened in a bullying fashion with a PCN.


 


When the warden starting the issuing procedure I moved as demanded to a private parking area.


 


Was the warden justified in threatening the issue of a ticket in these circumstances, in particular while I was in the car with the engine running.


 


Can a car be deemed to be PARKED in all these circumstances?


 


Gerry

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm not sure I can really give you good news.

This would indeed amount to parking. There is caselaw on what constitutes parking and a vehicle does not have to be abandoned. It does not even have to have the engine switched off. All that it needs to be is laid to rest for anything more than a transitory period of time. Usually allowing somebody to alight or disembark will not amount to parking but anything longer than that will.

In relation to the service road point, that may or may not have been a defence but it falls away here because no PCN was issued. A blue badge does allow for parking on some double yellow lines of course but there are restrictions. Whether they apply here or not is another matter

On your substantive point though, if the vehicle was laid to rest whilst you awaited for her return then that is indeed parking.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.


Hello again Jo


 


I'd like to consider the matter further at leisure and will most likely then address a follow up enquiry to you.


 


Thanks for your help to this point.


 


I am not aware whether or not I have been allocated a case reference number to use when following up.


 


Please supply one if available.


 


Gerry

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?
Customer: replied 3 years ago.


I fail to understand my pretty straightforward remarks made following on to my receipt of your opinion.


 


Please re-read my remarks.


 


Gerry

Expert:  Jo C. replied 3 years ago.
Thanks.

I have decided to opt out for others.

All the best.
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out - do you still need help?

Alex