Is there a legal definition of Parked/Parking?
Discussion
Just curious to see if there is a definition of parked/parking?
When you are stationary in traffic you are clearly not parked, so can a car in the same condition - engine running, driver in the drivers seat - be PARKED when stopped by the roadside?
Are you considered PARKED if the car has (honestly) broken down and the driver is in attendence?
When you are stationary in traffic you are clearly not parked, so can a car in the same condition - engine running, driver in the drivers seat - be PARKED when stopped by the roadside?
Are you considered PARKED if the car has (honestly) broken down and the driver is in attendence?
Your question reminded me of this Hertsmere Borough Council Decriminalised parking Enforcement
Broken down vehicles on pages 5 and 6.
My initial thoughts when I read this was,
a) somebody had the time to write 32 pages on this?
b) what a bunch of *****!
It seems to be the policy that they will issue a PCN and then you would have to produce written evidence of repair to prove you were broken down.
Some examples
From evidence of breakdown required to justify cancellation of PCN.
4. Confirmation from the Parking Attendant that the vehicle was obviously broken down,
supported where appropriate with a photograph. :- If it was obvious to the PA that it was broken down then why issue a ticket you idiots?
3. OVERHEATING
a. All cases where it is claimed that the vehicle had overheated due to lack of water should
be enforced unless it is directly attributable to a mechanical fault such as: broken fan
belt, cracked radiator, burst hose, faulty water pump or thermostat. In such cases
evidence of repair must be produced.
b. Overheating caused by heavy traffic or hot weather will not be accepted as a valid
excuse.
Where is Hertsmere anyway so I can avoid it?
Should have ropes and red lamps round it with signs saying "Danger Hole in the World."
hat tip to Mike Harding.
Broken down vehicles on pages 5 and 6.
My initial thoughts when I read this was,
a) somebody had the time to write 32 pages on this?
b) what a bunch of *****!
It seems to be the policy that they will issue a PCN and then you would have to produce written evidence of repair to prove you were broken down.
Some examples
From evidence of breakdown required to justify cancellation of PCN.
4. Confirmation from the Parking Attendant that the vehicle was obviously broken down,
supported where appropriate with a photograph. :- If it was obvious to the PA that it was broken down then why issue a ticket you idiots?
3. OVERHEATING
a. All cases where it is claimed that the vehicle had overheated due to lack of water should
be enforced unless it is directly attributable to a mechanical fault such as: broken fan
belt, cracked radiator, burst hose, faulty water pump or thermostat. In such cases
evidence of repair must be produced.
b. Overheating caused by heavy traffic or hot weather will not be accepted as a valid
excuse.
Where is Hertsmere anyway so I can avoid it?
Should have ropes and red lamps round it with signs saying "Danger Hole in the World."
hat tip to Mike Harding.
PaulHogan said:
Just curious to see if there is a definition of parked/parking?
When you are stationary in traffic you are clearly not parked, so can a car in the same condition - engine running, driver in the drivers seat - be PARKED when stopped by the roadside?
Are you considered PARKED if the car has (honestly) broken down and the driver is in attendence?
Why ?When you are stationary in traffic you are clearly not parked, so can a car in the same condition - engine running, driver in the drivers seat - be PARKED when stopped by the roadside?
Are you considered PARKED if the car has (honestly) broken down and the driver is in attendence?
Most offences in relation to 'no parking' relate in fact to 'no waiting' (for which whether you are in the seat, engine running etc is immaterial).
Broken down is usually a defence, but you'll have to do the proving.
vonhosen said:
PaulHogan said:
Just curious to see if there is a definition of parked/parking?
When you are stationary in traffic you are clearly not parked, so can a car in the same condition - engine running, driver in the drivers seat - be PARKED when stopped by the roadside?
Are you considered PARKED if the car has (honestly) broken down and the driver is in attendence?
Why ?When you are stationary in traffic you are clearly not parked, so can a car in the same condition - engine running, driver in the drivers seat - be PARKED when stopped by the roadside?
Are you considered PARKED if the car has (honestly) broken down and the driver is in attendence?
Most offences in relation to 'no parking' relate in fact to 'no waiting' (for which whether you are in the seat, engine running etc is immaterial).
Streaky
streaky said:
Perhaps the OP is considering the contentious matter of using a mobile telephone while 'parked'. There is more to 'parking' than 'no parking' offences' (or even 'no waiting' ones).
That would be all well and good if the offence was sitting in the driver's seat of a motor vehicle using a handheld mobile phone when not parked, but it isn't - it's using a handheld mobile phone while driving. There is plenty of case-law defining driving.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff