He'll lose.
213 Making a motor vehicle secure (1) This section applies to the driver of a motor vehicle who stops and leaves the vehicle on a road, unless the driver need not comply with the section under another provision of this regulation. (2) Before leaving the vehicle, the driver must— (a) apply the vehicle’s parking brake effectively; or (b) if weather conditions, for example, snow, prevent the effective operation of the parking brake—effectively restrain the vehicle’s movement in another way. Maximum penalty—20 penalty units. (3) Also, before leaving the vehicle the driver must switch off the engine if the driver will be more than 3m from the closest part of the vehicle. Maximum penalty—20 penalty units. (4) In addition, before leaving the vehicle the driver must remove the ignition key if there is no-one 16 years or older remaining in the vehicle. Maximum penalty—20 penalty units. (5) The driver must lock the vehicle immediately after leaving the vehicle if— (a) after leaving the vehicle, the driver will be more than 3m from the closest part of the vehicle; and (b) there is no-one remaining in the vehicle; and © the vehicle’s doors can be locked. Maximum penalty—20 penalty units. (6) Subsections (3) to (5) do not apply to— (a) the driver of a waste management vehicle while emptying or collecting wheelie bins; or (b) the driver of an armoured vehicle while on duty.