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#Post#: 27609--------------------------------------------------
Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 26, 2024, 2:52 pm
---------------------------------------------------------
Hello everyone,
I am a user of the other forum where some of you used to post,
but I am new here.
I have been fighting unfair traffic offences for others in my
community for a while, so I am acquainted (but not an expert)
with the principles of parking contraventions and the PCN
enforcement/appeal process.
I have attached a redacted 'Letter of representation' to appeal
against the PCN, and I would appreciate comments:
HTML https://drive.google.com/file/d/1bh_FTiFqNVr8JuJ_7Hvuj7zxkDQUHA4Y/view?usp=sharing
Pictures of PCN can be found in APPENDIX A of the appeal letter
I plan to use.
Response 1 from Council: After I sent them an email asking to
confirm if there is a PCN and what the grounds were:
HTML https://drive.google.com/file/d/1rXvAvZnFQDQFfY4rWGgUK4r7y5Vl-pJx/view?usp=sharing
Response 2 from Council: After my online appeal submission (the
appeal content is within the document):
HTML https://drive.google.com/file/d/1XkMXYlGWZVjwm52M5ltx0rFb3mUW5uAX/view?usp=sharing
Could you also advise me on the next step? Should I wait for the
NTO to be issued and for the appeal to be rejected by the
Westminster Council (again) before I take this to the London
Tribunals?
Seeking your support to fight a unique case described below,
- Driver was on Garrick Street (Zone G). The street is littered
with parking bays, which are pay by phone (paid), and resident
bays
- Driver started unloading a passenger and offloading luggage
- When the driver looked up, they noticed a piece of paper on
the wiper (as you will see in the attachment, it was not
appropriately printed and not legible)
- No CEO was around, and the contravention was not apparent due
to unclear text
- Since the PCN number was the only information clear with the
vehicle VRN, the driver looked up the council's website, which
showed the PCN was issued for parking in a 'residents' bay.
Surprisingly, no evidence images have been uploaded, and the
council has refused to provide any since they are not required
to provide any evidence.
My grounds for appeal are stated below. This is expanded upon in
detail which individual sections of my letter of representation
regarding this PCN
HTML https://drive.google.com/file/d/1bh_FTiFqNVr8JuJ_7Hvuj7zxkDQUHA4Y/view?usp=sharing.
- GROUND 1 [Procedural Impropriety] The Driver was permitted to
set down passengers and unload luggage as per the TMO and
council parking policies on page 25 (para 4, 6) of the ‘City of
Westminster Kerbside Management & Enforcement Code of Practice
v4.0 April 2017’; this applies to both commercial and private
vehicles. The Local Authority should review the evidence
available to confirm this.
- GROUND 2A [The contravention did not occur] The driver was not
parked in a ‘resident bay’ and was in a ‘pay by phone’ parking
bay. Garrick Street has a mixture of both resident and paid
parking bays.
The Local Authority has refused to share evidence proving their
case on the balance of probabilities that the vehicle was parked
in a ‘residents bay’.
- GROUND 2B [Procedural Impropriety] The CEO did not maintain an
observation period despite being required to. As shown below,
CEOs are expected to maintain an observation period regardless
of whether the parking bay is a ‘resident bay’ or a ‘pay by
phone’ bay.
If the driver had not accidentally been issued the PCN, they
would have purchased paid parking ‘after’ the unloading activity
took place. The driver left Garrick Street in shock upon
noticing the PCN was issued incorrectly (without observation).
- GROUND 3 [Procedural Impropriety] The registered keeper
required reasonable accommodations for their disability, which
the Local Authority should permit in providing a public service
under the Equality Act 2010.
- GROUND 4 [Unlawful enforcement] The Local Authority has
incorrectly applied the lawful basis of Garrick Street being a
‘traffic-sensitive street’ as designated through the New Roads
and Street Works Act 1991 (‘NRSWA 1991’).
This prevents the Local Authority from waiving any requirements
set out within its policies regarding parking enforcement.
#Post#: 27644--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: ivanleo
Date: June 26, 2024, 5:38 pm
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[member=2106]FaeLLe[/member] please read the guidance here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>and re-post the PCN without redacting anything.
At the moment we don't even know if there is a prima-facie
contravention.
#Post#: 27652--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 27, 2024, 2:03 am
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Dear [member=1]cp8759[/member] ,
Thank you for the clarification. Back in the day we used to
redact all sensitive information hence why I took those out.
Unedited PCN as received/left on the car is enclosed.
HTML https://i.imgur.com/3t7aRf2.jpeg
Further details about the PCN was only obtained after Response 1
was received and using the PCN evidence site (where no images to
show the location was uploaded).
#Post#: 27809--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 28, 2024, 2:49 am
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Appreciate any support on this PCN please.
#Post#: 27814--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: fraser.mitchell
Date: June 28, 2024, 3:40 am
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--- Quote from: FaeLLe link ---
>
> Appreciate any support on this PCN please.
>
--- End Quote ---
PCN is unreadable.
#Post#: 27815--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: H C Andersen
Date: June 28, 2024, 3:43 am
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+1.
OP, pl slow down. You don't even have a NTO yet, so it's a
little premature to think of reams of representations.
While we're waiting, pl post a GSV pf where the vehicle was
parked.
#Post#: 27816--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 28, 2024, 3:47 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=FaeLLe link=topic=2344.msg27809#msg27809
date=1719560953]
> Appreciate any support on this PCN please.
>
--- End Quote ---
PCN is unreadable.
[/quote]
Yes unfortunately this is how it was left on the car.
I will shortly post a GSV of where I believe the car was parked
(since the council refused to clarify this by sharing any
photographic evidence).
#Post#: 27819--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: H C Andersen
Date: June 28, 2024, 5:27 am
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And reinstate the dates on correspondence pl.
#Post#: 27990--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 30, 2024, 8:34 am
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--- Quote from: H C Andersen link ---
>
> +1.
>
> OP, pl slow down. You don't even have a NTO yet, so it's a
little premature to think of reams of representations.
>
> While we're waiting, pl post a GSV pf where the vehicle was
parked.
>
--- End Quote ---
Google Street View:
HTML https://maps.app.goo.gl/rNoqPCWqmx3uE7CfA
The vehicle was parked on the left side of the bay where paid
parking is available (i.e. where the van is shown in the
picture).
I have also updated the Google Drive links above to reinstate
communication dates, (alleged) contravention dates and
particulars of the vehicle under discussion.
It is possible the CEO removed the images because they figured
out the PCN was issued incorrectly, thinking it was a resident
bay (resident bays appear before and after the few paid parking
bays on the street) and with no observation period.
HTML https://i.imgur.com/MpaTh0q.png
The pay-by-phone parking bay signage is as below
HTML https://i.imgur.com/Q4xPFuC.png
#Post#: 28047--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: ivanleo
Date: June 30, 2024, 1:09 pm
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[member=2106]FaeLLe[/member] well this is a classic example of
over-egging the pudding.
The PCN is invalid because much of the statutory information is
missing. For completeness, please show us the back of the PCN.
We also know the council doesn't appear to have any evidence of
anything aside from the self-incriminating admissions you've
made in the representations (there was not reason to concede
that the driver was in a ‘pay by phone’ parking bay, but we are
where we are).
The biggest concern at this point is that your representation
mentions the registered keeper is homeless, as the notice to
owner will go to the address on the V5C. Do you have access to
that address?
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