gopher.createaforum.com/1/forums/ftla/p/10464/1

DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 116380--------------------------------------------------
Advice - Deadline tomorrow - Westminster tricking me with part
coned off section
DIR By: Cc24
Date: April 20, 2026, 2:58 am
---------------------------------------------------------
Hi Everyone,
I have an issue with a PCN and my initial appeal which failed. I
posted about it but the images i attached did not work. I then
tried to repost but it merged and as a result no one else saw my
post. The chance to pay the reduced fee ends tomorrow (21st) and
so i am rather concerned about what to do.
Contravention: 21u (Parked in a suspended bay)
Location: Berkeley Square
Sighted: 22:17 / Issued: 22:17
The Grounds for Appeal:
Legitimate Expectation / Misleading Demarcation: The suspension
area was physically cordoned off with traffic cones, but the
specific bay I parked in was left entirely open and accessible.
The cones clearly started immediately after my vehicle. I argued
that this created a visual safe zone that a reasonable motorist
would rely on, especially as the physical demarcation
contradicted the distant signage.
Ambiguous Asset Identification: I do not know if this can be a
defense but the notice refers to Lamp Column 19, but the column
itself is labeled with a vertical 1 over a 9. At night, this was
not intuitively identifiable as 19 and is arguably non-standard
labeling. (Note: I did not mention this specific point in the
informal challenge).
The Rejection:
Westminster has rejected the challenge. Crucially, they admitted
to the absence of cones in their letter (Whilst I appreciate you
believed parking was permitted due to no cones being present...)
but claimed the sign is the final authority (the sign is also
not quite near the parking of my car which you can see in the
photos). They failed to address the point regarding observation
time or the specific location of the vehicle relative to the
coned-off zone.
Evidence Links:
HTML https://imgpile.com/p/pZe2kIS
Does the Legitimate Expectation argument hold weight at
Tribunal, or should I take the 50% hit now?
If you want to see the PCN number please reply and I will share
it, I am just worried it will merge again and no one will see
it.
Thank you to everyone!
#Post#: 116395--------------------------------------------------
Re: Advice - Deadline tomorrow - Westminster tricking me with
part coned off section
DIR By: fraser.mitchell
Date: April 20, 2026, 5:21 am
---------------------------------------------------------
It all depends on your attitude to risk. Clearly you were
mislead by the cones. You saw the yellow sign, and took the
cones as the suspended area, as many people would do. Councils
must put up signs etc to give a clear announcement on what the
restriction is. Here they seem to have failed in this basic
duty.
So you can take them to London Tribunals, but first must go
through the Notice to Owner stage. The NtO is sent by post to
the name and address on the V5C. So are you the owner, and if
so, is your V5C Registration Certificate up-to-date ?
#Post#: 116443--------------------------------------------------
Re: Advice - Deadline tomorrow - Westminster tricking me with
part coned off section
DIR By: stamfordman
Date: April 20, 2026, 9:00 am
---------------------------------------------------------
You already have a thread on this...
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/westminster-code-21u-parked-wholly-or-partly-in-a-suspended-bay-or-space/
#Post#: 116494--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: John U.K.
Date: April 20, 2026, 1:13 pm
---------------------------------------------------------
You were here this afternoon - did you not see Incandescent's
post, Reply#11? You need to answer his points.
Don't worry about merging posts: everyone here has a chance to
see and respond to your thread - so please do not start another,
but concentrate on this one.
#Post#: 116496--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: Cc24
Date: April 20, 2026, 1:18 pm
---------------------------------------------------------
Hi, Sorry I missed these replies, I am new here and have not
quite got to grips with the forum just yet. I appreciate your
help and in all fairness, I am feeling much more happy to
challenge them further about this. I think I was mislead and so
would like to take it further. Do you know roughly how long the
whole process will be including the decisions from the tribunal.
Thanks again everyone and sorry for the misuse of the forum.
#Post#: 118124--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: Cc24
Date: May 8, 2026, 9:59 am
---------------------------------------------------------
Hi all, I finally received the NtO for this pcn. I wondered how
to best my chances of winning the appeal, what to do and what
not to do. If anyone could help I would greatly appreciate it!
#Post#: 118125--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: John U.K.
Date: May 8, 2026, 10:08 am
---------------------------------------------------------
Please post up all sides of the NtO (only redact yr name &
address - leave all else in).
#Post#: 118126--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: Cc24
Date: May 8, 2026, 10:16 am
---------------------------------------------------------
Let me know if this works please.
HTML https://imgpile.com/p/s1xWpzf
#Post#: 118130--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: John U.K.
Date: May 8, 2026, 11:25 am
---------------------------------------------------------
--- Quote from: Cc24 link ---
>
> Let me know if this works please.
>
>
HTML https://imgpile.com/p/s1xWpzf
>
--- End Quote ---
It works - date of NtO is 7th May.
#Post#: 118336--------------------------------------------------
Re: Westminster - Code 21u, parked wholly or partly in a
suspended bay or space
DIR By: Cc24
Date: May 11, 2026, 9:33 am
---------------------------------------------------------
Does that mean I have 28 days from the 7th? And what is the best
way to go about the next steps?
I greatly appreciate all your help!
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page