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#Post#: 113085--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: fraser.mitchell Date: March 12, 2026, 7:15 pm
---------------------------------------------------------
[quote author=Johnsmith86 link=topic=10200.msg113079#msg113079
date=1773354217]
Thanks for the input.
So if I understood correctly, I am challenging on the basis that
the contravention did not occur bec I am parked less than 50cm
away from the edge of the carriageway (i.e. the barriers in this
case) ?
[/quote]
Correct.
There is no exemption for loading or boarding for this PCN
#Post#: 113143--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: Johnsmith86 Date: March 13, 2026, 10:01 am
---------------------------------------------------------
How does this look for an appeal:
I am appealing this PCN on the basis that the contravention did
not occur.
The CEOs pictures show metal barriers to the right of my car, it
appears that Westminster Council have treated the metal barriers
as the edge of the carriageway for at least 5 years (as per
Google Street View).
Therefore, if the de facto limit of the carriageway is the metal
barriers then a motorist should be able to consider the barrier
to be the de jure edge of the carriageway. In conclusion, my car
was parked less than 50cm from the edge of the carriageway and
that there are no lines drawn designating parking spaces hence
no contravention has occurred.
I refer you to the below extract from tribunal case number
2240189683:
"The Authority's case is that the Appellant's vehicle was parked
more than 50cm from the edge of the carriageway and not within a
designated parking place when in Snowshill Road on 10 December
2023 at 14.32.
The Appellant denies the contravention.
I have considered the evidence in this case and I find that the
Authority has not proved that the Appellant's vehicle was parked
more that 50cm from the edge of the carriageway.
The reason being that I find that the Appellant's vehicle was
parked in a car park where there is no carriageway.
The appeal is allowed."
I request that you give this matter a fresh and impartial
consideration. I’m sure you will see that the evidence
unequivocally demonstrates that no contravention has occurred
and will therefore cancel this Parking Charge.
#Post#: 113167--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: stamfordman Date: March 13, 2026, 12:43 pm
---------------------------------------------------------
[quote author=Incandescent link=topic=10200.msg113085#msg113085
date=1773360945]
[quote author=Johnsmith86 link=topic=10200.msg113079#msg113079
date=1773354217]
Thanks for the input.
So if I understood correctly, I am challenging on the basis that
the contravention did not occur bec I am parked less than 50cm
away from the edge of the carriageway (i.e. the barriers in this
case) ?
[/quote]
Correct.
There is no exemption for loading or boarding for this PCN
[/quote]
No, loading and boarding/alighting are exemptions.
#Post#: 113182--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: fraser.mitchell Date: March 13, 2026, 2:59 pm
---------------------------------------------------------
[quote author=stamfordman link=topic=10200.msg113167#msg113167
date=1773423813]
[quote author=Incandescent link=topic=10200.msg113085#msg113085
date=1773360945]
[quote author=Johnsmith86 link=topic=10200.msg113079#msg113079
date=1773354217]
Thanks for the input.
So if I understood correctly, I am challenging on the basis that
the contravention did not occur bec I am parked less than 50cm
away from the edge of the carriageway (i.e. the barriers in this
case) ?
[/quote]
Correct.
There is no exemption for loading or boarding for this PCN
[/quote]
No, loading and boarding/alighting are exemptions.
[/quote]
But surely not for parking more than 50cm away from the kerb,
which is what the PCN is for ?
#Post#: 113197--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: tincombe Date: March 14, 2026, 12:27 am
---------------------------------------------------------
The prohibition is statutory(s85 TMA) and the relevant exception
is:
4)The third exception is where—
(a)the vehicle is being used for the purposes of delivering
goods to, or collecting goods from, any premises, or is being
loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and
for no more than 20 minutes.
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/85
#Post#: 113255--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: stamfordman Date: March 14, 2026, 11:28 am
---------------------------------------------------------
Code 26 primarily reflects legislation designed to stop double
parking but enforcement can't really rule out double parking
briefly to unload/alight if there are no parking places.
So while the legislation exempts loading and doesn't mention
boarding/alighting, the latter is exempted in the London
Councils handbook and referenced in some councils' policies, as
in Westminster below.
Code 26 of course is now applied to situations such as the
current case and IMO in situations not intended for such
enforcement by the lawmakers.
[img width=549
height=641]
HTML https://i.ibb.co/ZpZRBP3t/Screenshot-2026-03-14-at-16-20-20.png[/img]<br
/>
#Post#: 113268--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: Johnsmith86 Date: March 14, 2026, 1:39 pm
---------------------------------------------------------
In my case the CEO did not see any evidence of
boarding/alighting hence instant PCN was issued as per
Westminster's policy.
The question is do I amend my appeal to include the exemption
for boarding/alighting of passengers or no point?
#Post#: 113273--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: tincombe Date: March 14, 2026, 3:12 pm
---------------------------------------------------------
IMO, you lead with your strongest argument which is that every
part of your car was within 50cm of the de facto and de jure
'edge of carriageway', namely the barriers(which Google Street
View shows have been in situ for at least 5 years) and in any
event you were assisting your ** to alight because *******.
#Post#: 113359--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: Johnsmith86 Date: March 16, 2026, 5:05 am
---------------------------------------------------------
Here is my draft appeal:
I am appealing this PCN based on the below:
1)
The CEOs pictures show metal barriers to the right of my
vehicle, it is clear that Westminster Council have treated the
metal barriers as the edge of the carriageway for at least 5
years (as per Google Street View).
Therefore, if the ‘de facto’ limit of the carriageway is the
metal barriers then a motorist should be able to consider the
metal barriers to be the ‘de jure’ edge of the carriageway. The
CEOs pictures show my vehicle was parked less than 50cm from the
edge of the carriageway and that there are no lines drawn
designating parking spaces, hence no contravention has occurred.
I refer you to the below extract from tribunal case number
2240189683:
"The Authority's case is that the Appellant's vehicle was parked
more than 50cm from the edge of the carriageway and not within a
designated parking place when in Snowshill Road on 10 December
2023 at 14.32.
The Appellant denies the contravention.
I have considered the evidence in this case and I find that the
Authority has not proved that the Appellant's vehicle was parked
more that 50cm from the edge of the carriageway.
The reason being that I find that the Appellant's vehicle was
parked in a car park where there is no carriageway.
The appeal is allowed."
2)
handbook and referenced in Westminster councils' policies when
assessing a Code 26 contravention
Code 26 primarily reflects legislation designed to stop double
parking but enforcement can't rule out double parking briefly to
unload/alight if there are no other parking places available.
In this case I was collecting my two young children from maths
class and this was the safest location I could find for my
children to board the vehicle. My youngest child needed to use
the toilet as he was boarding hence, I took him to the toilet
across the road in the hotel.
I request that you give this matter a fresh and impartial
consideration. I’m sure you will see that the evidence
unequivocally demonstrates that no contravention has occurred
and will therefore cancel this Parking Charge.
#Post#: 113365--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
By: tincombe Date: March 16, 2026, 5:28 am
---------------------------------------------------------
Fine but IMO leave out the reference to parking spaces because
it's not relevant.
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