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How to appeal a ticket
How to appeal a parking ticket

What is the Legal Definition of a Parked Car in the UK?

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Janine
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Janine Marsh

Financial Expert

My name’s Janine, and I’m a mum of two who’s always been passionate about trying to cut down spending costs. I am now sharing as much financial knowledge as I possibly can to help your money go that little bit further.

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· Mar 1st, 2024
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Legal Definition of a Parked Car

Did you get a parking ticket and you don’t think it’s fair? Don’t worry, you’re not alone. Every month, over 32,000 people come to this site for guidance on tickets and fines just like yours.

In this easy-to-understand guide, we’ll help you learn about:

  • The real meaning of a ‘parked car’ in the UK.
  • The difference between parking and stopping.
  • The process for appealing a parking ticket.
  • Ways to avoid getting a parking fine.
  • If it’s illegal to stop on double yellow lines.

I know how it feels to get a ticket you think is wrong, and I’m here to help you. Let’s find out how to make your appeal as strong as it can be.

Remember, the more you know, the better chance you have to win your appeal. So let’s start learning!

Do You Have to Pay?

In some circumstances, you might have a legitimate reason not to pay your fine.

It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.

Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.

Chat below to get started with JustAnswer

In partnership with Just Answer.

What defines a car as parked?

You’re deemed to be parked when you stop for longer than ‘necessary’ for say, unloading or unloading, or when setting down and picking up passengers.

Also when you stop for 5 minutes or less for another reason, your vehicle is seen as ‘parked’ and not just ‘stopped’.

Even when you pull over to answer a phone, check out your GPS or wait to let someone get in your vehicle, you’re seen as parked!

The only time this rule won’t apply is when you’re stopped at a red light or waiting at a junction!

What difference is there between parking and stopping?

It can be extremely confusing when trying to differentiate between a parked car and one that’s stopped!

According to the rules set out on the Government website, the difference between “no parking” and “no stopping” is defined like this:

  • No Stopping means you can stop for any reason whatsoever. This applies when there’s a ‘Clearway’ sign tooNo Waiting or No Parking signs let you stop albeit briefly to let someone out of your vehicle or to unload items. The key word here is ‘briefly’
  • On single yellow lines, the times you can ‘wait’ are indicated on the No Waiting signs. You’re not allowed to wait outside of these times
  • On double yellow lines, you can’t wait or park at any time unless a sign indicates specific times when you can

It may sound like double-Dutch, but when it comes to the law, if you’re caught stopped or waiting when you shouldn’t, you risk being fined!

Successful Appeal Case Study

Situation

Initial Fine £100
Additional Fees £171
Total Fine £271

The Appeal Process

Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.

Total Fine £271
Cost of legal advice £5

JustAnswer helped Scott craft the best appeal possible and he was able to win his case.

Scott’s fine was cancelled and he only paid £5 for the legal help.

Get started

In partnership with Just Answer.

Could you be fined for sitting in a parked vehicle?

Yes. Unfortunately, you can’t get out of being fined if you’re sitting in your car in a place where “waiting or stopping” is not permitted. The same is true if you stop a vehicle for more than five minutes and you’re not loading or unloading items.

In short, a warden would see this as you are sitting in a parked car where it’s not allowed and fine you!

That said, a traffic warden may ask you to move on before they issue the ticket. But that’s up to the warden!

Can you stop on a single yellow line?

No. You can’t stop, park or wait on a single yellow line outside of the designated times. These are signposted which you should check beforehand.

Getting the support of a Solicitor can take a huge weight off your mind.

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Is it illegal to stop on double yellow lines?

Yes. You’d be breaking the law if you stop, wait or park on a double yellow line. However, there are some exceptions which are:

  • You may be allowed to stop on double yellow lines very briefly to load or unload a heavy item
  • Blue Badge holders are allowed to park on both single and double yellow lines for 3 hours max provided a badge is well displayed

It’s worth noting that any exceptions to the rule are not always in place which is why it’s important to check signs and curb edge markings first.

If you see two yellow lines that go over a kerb’s edge, no one can load or unload at any time!

Can you appeal an unfair parking ticket?

You could appeal a parking ticket if you think it was unfairly given. The problem is that many drivers feel they were issued with a parking ticket unfairly because they didn’t realise they were ‘parked’.

That said, you could argue a parking ticket is unfair for the following reasons:

  • You stopped your car to let an ambulance or other emergency vehicle pass you
  • You pulled over to take an important telephone call
  • You stopped your vehicle to drop passengers off somewhere
  • You stopped very briefly to check out what was written on a Parking sign

Check out what happened to one motorist who posted this message online:

Can you appeal an unfair parking ticket

Source: Moneysavingexpert

How do you appeal a parking ticket?

How you appeal a parking ticket depends on who issued it and where the parking fine was issued.

For example, if you got a Parking Charge Notice, it’s an invoice, not a fine. Whereas, if you were issued with a Penalty Charge Notice, it’s a fine that’s immediately enforceable!

Either way, you have the right to appeal the parking ticket. The one thing you should NOT do is ignore a parking fine. Things get more complicated and expensive when you do.

Moreover, you risk having debt collectors chase you for payment which could be an unpleasant experience.

The way to appeal a parking ticket depends on who issued it which is listed in the table below:

Type of parking ticket Appeals process
Penalty Charge Notice https://thriftyfamily.co.uk/pcn-appeal-letter-template/
Parking Charge Notice https://thriftyfamily.co.uk/appeal-parking-ticket/

Hire a Parking Solicitor for less than a coffee.

If you’re thinking about appealing your parking ticket then getting some professional advice is a good idea.

Getting the support of a Solicitor can make your appeal much more likely to win.

For a £5 trial, Solicitors from JustAnswer can look at your case and help you create an airtight appeal.

 

Get started

In partnership with Just Answer.

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The authors
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My name’s Janine, and I’m a mum of two who’s always been passionate about trying to cut down spending costs. I am now sharing as much financial knowledge as I possibly can to help your money go that little bit further.