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#Post#: 121618--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
DIR By: tincombe
Date: June 12, 2026, 10:04 am
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Not on the link I can see. (.....206)
And (6)(a) is about more than this issue anyway e.g.
adjudicator's discretion to register an appeal outside the
28-day period, costs etc.
#Post#: 121917--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
DIR By: Johnsmith86
Date: June 16, 2026, 3:20 am
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--- Quote from: tincombe link ---
>
> Not on the link I can see. (.....206)
>
> And (6)(a) is about more than this issue anyway e.g.
adjudicator's discretion to register an appeal outside the
28-day period, costs etc.
>
--- End Quote ---
So do I appeal on the above mentioned point only (i.e.
procedural impropriety) or shall I also add the arguments raised
in my formal representation (i.e. the contravention did not
occur)?
#Post#: 121918--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
DIR By: stamfordman
Date: June 16, 2026, 3:26 am
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If you are appealing to the tribunal:
- Opt for an online or telephone hearing
- Summarise all points for the adjudicator, picking up all
relevant points in the NOR. Your reps will be in the evidence
pack anyway, should the council contest the appeal.
#Post#: 121921--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
DIR By: Johnsmith86
Date: June 16, 2026, 3:45 am
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--- Quote from: stamfordman link ---
>
> If you are appealing to the tribunal:
>
> - Opt for an online or telephone hearing
>
> - Summarise all points for the adjudicator, picking up all
relevant points in the NOR. Your reps will be in the evidence
pack anyway, should the council contest the appeal.
>
--- End Quote ---
Thanks, here is my draft appeal:
1) The contravention did NOT occur:
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 hence no contravention has occurred.
Adjudication decision 2240321907 makes it clear that in such
circumstances these represent the 'edge of the carriageway' as
regards s85 of the Traffic Management Act. It therefore follows
that the contravention did not occur as my car was at all times
parked within 50cm of the 'edge of the carriageway'.
2) Boarding/alighting is exempted in the London Councils
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 a
mathematics class and this was the safest location I could find
on North Wharf Road for my children to alight/board the vehicle.
3) Procedural impropriety:
The Council's notice of rejection fails to state regulation
6(6)(a) of The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022.
#Post#: 121924--------------------------------------------------
Re: City of Westminster - PCN Contravention code 26 -Parked in a
special enforcement area
DIR By: tincombe
Date: June 16, 2026, 4:15 am
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IMO, this will do for now.
At this point, you are simply registering your appeal and
covering the main points upon which you may expand once in
receipt of the council's evidence.
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