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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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How many seconds must a vehicle be stationary before it constitutes

Resolved Question:

How many seconds must a vehicle be stationary before it constitutes a parking violation
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.

My friend intended to deliver some literature to a school and pulled up outside the school with the intention of pulling onto the premises. The gate was closed and she continued on her way.A few days later she received a PIN for parking on zig zag lines. She appealed against this but was told she could go to another appeals hearing and was sent reams of evidence. Among this evidence was a DVD which clearly showed her stopped fo just under 3 seconds. She appeared at the hearing and was told that 3 seconds is enough for the offence to be proved,

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

That is all I need to know.

You do not have to remain for any length of time to commit a stopping offence. You do not have to abandon the car.

All that must be shown is that the car was laid to rest for any period of time.

If its literally a split second then you can always argue the fact of the fine offends against the principle of de minimis and essentially argue that its too trivial to trouble the adjudicator but this is a zig zag line so its not going to succeed realistically. In fairness, zig zags lines are there to ensure that those approaching the crossing can see whether or not there are pedestrians rather than just to make money for the local council like so many other fines. In those 3 seconds a child could have stepped out onto the crossing and a driver not seen them because this car was blocking the view.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your prompt reply. The only thing I need to clarify is that there is no pedestrian crossing, only the zig zags. I appreciate that this will probably not alter the logic or the decision.


Still seems unjust!


 


Dave

Expert:  Jo C. replied 3 years ago.

That is odd. Zig zag lines normally accompany a specific crossing hazard although not always a pedestrian crossing. Otherwise there is no point in them as their whole purpose is to ensure that parked cars do not block the vision of moving traffic.

Otherwise there is a de minimis point.

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