Sitting in car

lost_2

Orford - Without repeating myself as i think i have answered this in above posts, i still think i am right.

Neil_B

Seriously bad misleading thread with people quoting swathes of legislation without having a clue what it means - and all to prove a point that was wrong, in much simpler terms, from the start.

Want sense? - PePiPoo.

Neil_B

lost wrote: »

Orford - Without repeating myself as i think i have answered this in above posts, i still think i am right.

I really don't want to be rude but just so you can tell - please go put your theory forward on PePiPoo - I promise you will be laughed off very quickly!

Orford

lost wrote: »

Can someone clarify this for me.

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.

Several posters have advised that you are mistaken in your belief.

If you are not going to listen to the answer, why bother asking the question?

Neil_B

Quentin wrote: »

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.

This is basically true.
However most Councils have found it very difficult to set up systems to effectively enforce in this way.
Even when they get the documentation right it becomes very much a word for word match at adjudication. As a result many DO NOT issue the correct Regulation 10 postal PCN. They deliberately choose not to and probbly have no software admin system to produce/support those.

What 'some' do instead is to claim the PCN was served to vehicle or driver and then send a Notice to Owner by post. This should of course be fought on the basis 'no pcn served'.

lost_2

Orford wrote: »

You would be far better using boarding/alighting exemption

For the exact wording of the boarding and alighting exemption you will need to see the Traffic Management Order for that road. The TMO can be viewed at the council offices if you phone in advance and arrange to see it.

Usually the exemption is worded similar to this

general exemption from prohibitions and restrictions

Nothing in Articles 82, 83, 84, 90, 91, 97, 101 and 102 shall render it unlawful to cause or
permit a vehicle to wait in a restricted road or parking place, for so long as may be necessary
to enable
a) a person to board or alight from the vehicle or to load thereon or to unload therefrom personal luggage;

Thanks for that Orford, my response beneath this advice related to you previous post, i had not seen this one.

Quentin

Neil_B wrote: »

What 'some' do instead is to claim the PCN was served to vehicle or driver and then send a Notice to Owner by post. This should of course be fought on the basis 'no pcn served'.

Which is why I advised the OP should go to pepipoo for best advice should anything turn up from the council in the post.

multiflorum

If you were stopped in a residents parking space then there are are exemptions even for dropping off picking up people.
The CEO can issue a ticket if you are sat in the vehicle.The CEO would need evidence to prove that you were parking incorrectly this is normally done by taking photos. If there were no photos taken the local authority wouldn't be able to prove your car was there?

To answer the question about handheld computers they are usually downloaded at the end of each shift to a main server along with photos.

lost_2

Thanks to all who responded to this thread, i now have a concrete answer to my original question :j, as it has already been decided in a court of law. The answer is YES you can still be given a ticket if you are sitting in your vehicle, for any who may be interested the case is Strong v. Dawtry [1961] And this is what was said:

The argument, however, that has been adduced to this court is based on the word "leaving". It is said that a driver has not left a vehicle until he has done all he intends to do as part of the operation of parking. That argument is based on an interpretation of "leaving" as meaning the driver physically leaving the car. It is to be observed, however, that the words here are "payable on the leaving of the vehicle in the parking place" which, to my mind, clearly denote the placing or depositing of the car in the parking bay. Accordingly, I read those words as meaning that the payment is to be made as soon as the vehicle is placed in the parking place. Whether the driver leaves the vehicle in the sense that he gets out of the driving seat, or whether he stays there cannot affect the matter at all. Looked at in that way, I am perfectly clear that the
Appellant in this case was rightly convicted."

This has been construed by the parking appeals service to mean:

In Strong -v- Dawtry, the Divisional Court held that the words "on leaving the vehicle in the

parking place" meant "the placing or depositing of the car in the parking bay." Therefore, if a

Parking Attendant comes upon a car at a meter bay showing penalty time, with a driver in it

asleep, the car is nevertheless parked in contravention of parking regulations in these terms

although the driver has not left the vehicle in the sense of moving away from it.

[Deleted User]

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....

I wouldn't be surprised if some councils use machines with a built in GPRS data connection to send the details instantly to their central database.

Similar to what some parcel delivery firms use. I've signed for parcels at the door before and been able to check my signature online straight afterwards while the delivery guy is still parked on the road.