Using mobile phone whilst parked.

funnymonkey

Good morning.
I was driving the other day and my phone rang so I pulled over and parked safely to take the call, handbrake on and turned the engine off.

Unknown to me I had stopped in a permit only area for local residents very close to town centre.

Bad luck as along came a traffic warden and took a photo of my car after being there probably less than a minute.

I'm wondering what will be the outcome as I believe that I am legal to use my handheld phone whilst parked?

Thank you 

HampshireH

Surely the traffic warden was taking your vehicle photo as you were parked without a permit? Not because you had done so to take a call?

If that's the case there is a parking tickets fine and tickets board on here which are great at supporting people with challenging parking tickets.

sevenhills

HampshireH said:

Surely the traffic warden was taking your vehicle photo as you were parked without a permit? Not because you had done so to take a call?

If that's the case there is a parking tickets fine and tickets board on here which are great at supporting people with challenging parking tickets.

Since the OP was sat in the drivers seat, he could say that he was not parked, but still in charge of the vehicle?
A traffic warden would be unable to issue a ticket for using a mobile whilst in charge of a vehicle.

Sapindus

The traffic warden is acting on the fact that you were parked, nothing to do with the mobile phone. So far as I understand it, "parking" is a vehicle remaining stationary for any purpose other than loading/unloading pickup/drop off.  Doesn't matter that you are still sat in the car.  Doesn't matter that it was better than driving whilst on the phone (lesser of two evils argument).

As others have said, you need to ask on the parking tickets sub-forum if you want to challenge it.

Car_54

sevenhills said:

HampshireH said:

Surely the traffic warden was taking your vehicle photo as you were parked without a permit? Not because you had done so to take a call?

If that's the case there is a parking tickets fine and tickets board on here which are great at supporting people with challenging parking tickets.

Since the OP was sat in the drivers seat, he could say that he was not parked, but still in charge of the vehicle?
A traffic warden would be unable to issue a ticket for using a mobile whilst in charge of a vehicle.

Irrelevant.

And he wasn't 'sat', he was 'sitting'.

HampshireH

sevenhills said:

HampshireH said:

Surely the traffic warden was taking your vehicle photo as you were parked without a permit? Not because you had done so to take a call?

If that's the case there is a parking tickets fine and tickets board on here which are great at supporting people with challenging parking tickets.

Since the OP was sat in the drivers seat, he could say that he was not parked, but still in charge of the vehicle?
A traffic warden would be unable to issue a ticket for using a mobile whilst in charge of a vehicle.

This is what I meant when I said he wouldn't be taking a picture because OP was on the phone.

Haven't heard of not being issued a ticket if you're sat in the vehicle before.

I would have expected the OP to receive a ticket there and then though.

If something does happen to come through the post use the board I suggested. They are very very good.

user1977

I’m pretty sure that “using a mobile while in charge of a vehicle” isn’t an offence anyway. You’re not allowed to be driving (which includes being stopped in traffic), but parked isn’t driving. You’re not allowed to be drunk and in charge of a vehicle…

And as said, traffic wardens aren’t phone-using enforcers anyway.

prowla

From the gov site https://www.gov.uk/using-mobile-phones-when-driving-the-law ...

It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

and...

Exceptions

You can use a device held in your hand if:

• you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop
• you’re safely parked
• you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant
• you’re using the device to park your vehicle remotely

So, the offence was not for using the phone.

Bigphil1474

The 'traffic warden' will probably have taken a pic so when he next comes down the street, he can check if it is the same vehicle still parked. Depends where you are, but in my area, my experience is that they'll usually have a word if you are sat in the car and if you aren't arsey with them, they won't issue a ticket.

TooManyPoints

A traffic warden would be unable to issue a ticket for using a mobile whilst in charge of a vehicle.

And nobody else would be able to either because there is no such offence.

Grey_Critic

Not so sure about this - the warden issues a ticket at a *moment in time* He does not stand there waiting for you to move claiming that on such a date between the hours of. Simply that on X date at X time the vehicle was obseved parking in such a spot.

As for using a mobile what do the rules say. Do they differentiate between keys in ignition or not. Stopping and using phone with engine running IS an offence.