Parking fine: Driver Denise Stephens shocked to be given ticket by parking warden after stopping for minute
00:01, 20 March 2016
A woman who stepped out of her car for less than a minute was horrified to discover she had been hit with a £70 parking fine.
Pensioner Denise Stephens was looking for somewhere to park in Tenterden High Street and pulled over into a bay, leaving her car door open, the keys in the ignition and her pet Jack Russell in the front seat, as she went to examine a parking sign at the rear of her red Fiat Punto.
On discovering that she had stopped in a motorcyclists’ bay, the 70-year-old immediately returned to her car – but found a parking attendant already hovering over her vehicle.
Mrs Stephens said: “She [the parking attendant] was ready to pounce on me. I had only walked to the rear of my car and was out of the driver’s seat for less than a minute, which is why I left the keys in the ignition.”
The resident of The Heath, Appledore, claims she had a conversation with the warden who assured her she would not be fined, so she drove away in search of a space.
Mrs Stephens said: “The enforcement officer said to me ‘on this occasion I will not be issuing a penalty notice’.”
But shortly after the incident on February 15, she was shocked to receive a penalty notice with the demand to pay £70 for the offence.
Her subsequent appeal to Ashford Borough Council was dismissed in a letter in which she was told that parking wardens do not have the discretion to cancel tickets in such incidents.
Mrs Stephens informed the council in her letter: “All this took place in one minute – a £70 fine works out at £1.16 per second – somewhat excessive!”
In the explanation the council official elaborated: “The law essentially treats a parked vehicle in the same way as a vehicle that has, for example, pulled over and stopped (even if the driver is still inside it with the engine on). The focus is on the vehicle (rather than the driver).”
The council said that a sign at the front of the bay was clear, although the authority admitted the road markings were not “recent”, in response to Mrs Stephens’ criticism that they were poor.
The council added that although Mrs Stephens may be considered “unfortunate” , the penalty charge notice was correct.
“I’m a law-abiding person and the only reason I pulled over to the bay in the first place was to check if I could park there legally" - Denise Stephens
Mrs Stephens has reluctantly sent a cheque to ABC for the reduced penalty of £35 for early payment, to avoid having to pay the full fine of £70, but has written to MP Damian Green to express her disgust at her treatment.
She said that ABC had ignored her explanation and asked: “Is it any wonder the public feel confused, angry and frustrated when dealing with the council.”
The pensioner added: “I’m a law-abiding person and the only reason I pulled over to the bay in the first place was to check if I could park there legally.”
A council spokesperson said: “Ashford Borough Council enforces penalty charge notices in a fair and appropriate manner to ensure the free flow of traffic and safety.
“The council cannot comment on individual cases where Penalty Charge Notices (PCNs) have been issued.
"All drivers who receive PCNs have the right to appeal this decision. Queries should be sent directly to the council via parkingcustomercare@ashford.gov.uk”