Sitting in car

lost_2

Can someone clarify this for me.

Can you get a ticket if you are sitting in the car? I am sure i read somewhere that if someone is in the car a parking attendant is not allowed to issue you with a ticket.

I was parked in a residents parking bay dropping my little one off to school and a parking attendant came and started to tap in a my details on his little machine.

I drove off, but i am sure i can not be issued a ticket if i am in the vehicle, is this right?

Thanks in advance for any help given.

Doooford

Not 100% on this. But I thought the same as you. I've been sat in residents parking before and been ignored by a traffic warden and I assumed that was because I was in the car.

Quentin

lost wrote: »

I drove off, but i am sure i can not be issued a ticket if i am in the vehicle, is this right?

The law about driving off before the ticket is issued changed, and you can still be issued through the post if you drive off before they put it on the car.

(If it's from a private company, then you know what to do!)

lucylucky

Council parking attendant or a "private"one

morganedge

how do their little machines work?
Does the data that they type in get automatically updated onto their main system, or does that only happen when the data from the little machine is transferred later on?
Wondering why I haven't heard of more cases where the attendant has their machine taken from them after tapping someones details in. Just curious....

lost_2

It was a council officer.

MsHoarder

morganedge wrote: »

how do their little machines work?
Does the data that they type in get automatically updated onto their main system, or does that only happen when the data from the little machine is transferred later on?
Wondering why I haven't heard of more cases where the attendant has their machine taken from them after tapping someones details in. Just curious....

Either way, I'm sure that the police would have something to say about you stealing the machine, which is much worse than a parking fine:eek:

Quentin

lost wrote: »

It was a council officer.

If you get anything through the post, then get advice on it from pepipoo before you do anything.

lost_2

Right, i have done a bit of digging, and i believe i have found my answer and it is NO, i (or anyone else for that matter) cannot be issued a ticket if someone remains in the vehicle. I get my authority from Schedule 7 of the Traffic Management Act 2004 which states:

SCHEDULE 7

Road traffic contraventions subject to civil enforcement
Part 1 Parking contraventions
Parking contraventions

1References in this Part of this Act to a parking contravention shall be construed as follows.

Contraventions relating to parking places in Greater London.

2(1)In Greater London there is a parking contravention in relation to a vehicle if the vehicle is stationary in a parking place and

(a)the vehicle has been left—

(i)otherwise than as authorised by or under any order relating to the parking place, or

(ii)beyond the period of parking that has been paid for,

(b)no parking charge payable with respect to the vehicle has been paid, or

(c)there has been, with respect to the vehicle, a contravention of any provision made by or under any order relating to the parking place.

(2)In sub-paragraph (1) “parking place” means—

(a)a parking place designated by an order made under section 6, 9 or 45 of the Road Traffic Regulation Act 1984 (c. 27), or

(b)an off-street parking place provided under section 32(1)(a) of that Act.

The relevant sentence here is: 2(1)(a)the vehicle has been left—

This doesn't apply to all incidents, however after checking The Traffic Regulation Act 1984 (which is referred to above) it applies to the vast majority of them (certainly most of the parking you or i will do) So the trick is to always leave someone in the car when parking for a short time in a designated 'parking place'.

I will assume this also applies to vehicles outside of Greater London but i did not check.

lost_2

morganedge wrote: »

how do their little machines work?
Does the data that they type in get automatically updated onto their main system, or does that only happen when the data from the little machine is transferred later on?
Wondering why I haven't heard of more cases where the attendant has their machine taken from them after tapping someones details in. Just curious....

Lol, why dont you try it and let us know what happens?!:D

Orford

Where does it say the vehicle must be unattended (or attended for that matter), it merely says 'left' ie parked.

No council will cancel a ticket for that reason alone and I very much doubt an adjudicator would either.