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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64117
Experience:  Over 5 years in practice.
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Am I considered parked if my engine is still running

Customer Question

Am I considered parked if my engine is still running?
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.
Certainly. I have received a PCN in the post for stopping on a road side in the City of London where it was loading only. My 'offence' was apparently recorded by CCTV and the PCN issued through the post but I never left the car and the engine was always running. I have already disputed the PCN stating that I was not parked and did not leave my car but the City of London have rejected my appeal stating I do not need to leave the car to be parked. So I would like to know if I can be considered as parked if I have only pulled over the side of the road.
Customer: replied 4 years ago.
Certainly. I have recieved a PCN in the post for stopping in the road side in a loading only area in the City of London (Smithfield Market). My alleged offence was recorded by CCTV and as I say issued not directly to me but via the post. I have already disputed the PCN stating that I was not parked since I had not left the vehicle. The City rejected my claim saying that I do not need to leave the vehicle to be considered as parked but but I am not happy with this. If my engine was still running and I never left the vehicle am I parked?
Expert:  Jo C. replied 4 years ago.

You don't need to leave the car to be parked. A car need not be abandoned to be parked.

 

the question really is how long was the car stationary at that location?

Customer: replied 4 years ago.
I could have been stationary for 10 mins or more as I was making a call. Is there no other argument I can make?
Expert:  Jo C. replied 4 years ago.

 

If it 10 minutes or so then you might be in difficulty as that would exceed the loading period too.

 

you could put them to proof on the point of parking. Its always worth doing that as local councils hate appeals generally.

 

I do think you could successfully argue that if the engine was running the car was not parked. But if you were there for 10 mins plus the question is will they accept the engine was off.

Customer: replied 4 years ago.
Since they only issued the ticket on CCTV footage they cannot prove whether the engine was running or not. Is it a valid argument that I am not parked if I am in the car and the engine is running?
Expert:  Jo C. replied 4 years ago.

 

It is a valid argument but if it was there for 10 mins then the Adjudicator would say he does not accept the engine was running.

 

Also, they can say how long you were there. They have CCTV footage that can be replayed.

Customer: replied 4 years ago.
But is there a point of law that defines parking? Whether or not the engine is runnig surely would be them to prove/dis-prove.
Expert:  Jo C. replied 4 years ago.
No, the adjudicator would believe on that point that you didn't have your engine running for 10 minutes.
Customer: replied 4 years ago.
Yes but regardless, in law if the engine is running and the driver is sat in the car, in the drivers seat, is the vehicle parked or is there another term, i.e. at rest, waiting, etc?
Expert:  Jo C. replied 4 years ago.

No. If you can convince the adjudicator that the engine was running that would not meet the definition of being parked.

 

If I've answered your original question please click on accept. I will continue to help.

Jo C., Barrister
Category: UK Law
Satisfied Customers: 64117
Experience: Over 5 years in practice.
Jo C. and 5 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

OK, accepted payment should be transfered.

 

I am not 100% clear on your answer....

 

Engine running = not parked?

Expert:  Jo C. replied 4 years ago.

 

If your engine is running then you are still in control of the car and would not be parked.

 

The only way that I can think of that this could be support is to get the mobile phone bill of the person who phoned you. It won't show on your own bill if its an incoming call but if you can show that a person did call your number at that time that would support what you are saying and you would probably get over the factual challenge.

Customer: replied 4 years ago.
OK, I think I can make this argument. Do you know if there is a reference that I can quote that qualifies the statement made above? On the issue of the engine running surely it would be for them to prove it was not? They only have remote CCTV footage so I will put the onnous on them to argue this. Thanks for the help thus far.
Expert:  Jo C. replied 4 years ago.

 

Yes, but without any contrary evidence the Adjudicator is not going to accept your engine was running for that long. It just doesn't make sense.

 

the burden of proof is with them but some things are easier to prove that others.

 

You won't need to quote caselaw though. Adjudicators know the cases on this topic and if you just make the arguments above, they'll understand what you are saying.

Customer: replied 4 years ago.
Thanks. Will let you know how I get on.
Expert:  Jo C. replied 4 years ago.
OK. Good luck.

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