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#Post#: 3632--------------------------------------------------
Litchfield Street, parked on double yellow - City of Westminster
DIR By: neverpaying
Date: August 21, 2023, 8:41 am
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I was given a gift yesterday under my windshield wiper for being
parked on Litchfield Street on a double yellow line. Quite
unfortunate given I was only gone for 6 minutes after having
thought "They don't really check every street every time do
they?", I guess they do.
PCN is attached to this post but the important, hopefully
prejudicial, parts of the text are also below. Thank you for
reading.
--- Quote ---
>
>
> City of Westminster
> Penalty Charge Notice Traffie Management Act 2004
> PENALTY CHARGE NOTICE NUMBER: ...
> Date of service of this notice: 20/08/2023
> Vehicle Registration Number: ...
> Was seen at location:
> Litchfield Street [61]
> At: 20:30 on: 20/08/2023
> By Civil Enforcement officer WS6697 who believed that the
following parking contravention had been committed and that a
penalty charge is therefore payable: Code 01
> Parked in restricted street during prescribed hours
>
> Full Amount of the Penalty Charge : £130
> The penalty charge must be paid not later than the last day of
the period of 28 days beginning with the date on which this
penalty charge notice was served ('the 28 day period )
>
> A reduced charge of £65 is payable
> If the penalty charge is paid not later than the last day of
the period of 14 Days beginning with the date on which this
notice is served ('the reduced charge period'), the penalty
charge will be reduced by 50%. If the penalty charge is not paid
within the reduced charge period, the full amount of the penalty
charge is payable
>
> ...
>
> PLEASE DO NOT MAKE PAYMENT IF YOU WANT TO CHALLENGE THIS PCN
>
> ...
>
>
--- End Quote ---
Overleaf:
--- Quote ---
>
> ...
> If the penality charge is not paid within the period of 28
days beginning with the date on which the alleged contravention
occurred, the City of Westminster, the enforcement authority,
may serve a Notice to to Owner on the owner of the vehicle. A
person on whom a Notice to Owner is served will be entitled to
make representations to the enforcement authority against the
penalty charge and may appeal to an independent adjudicator if
those representations are rejected.
> If we receive representations before a Notice to Owner is
served, those representations will be considered. If however a
Notice to Owner is served notwithstanding those representation,
then representations against the penalty charge must be made in
the form and manner and at the time specified in the Notice to
Owner.
> If we receive representations against the penalty charge not
later than the last day of the period of 14 days beginning with
the date on which the Penalty Charge Notice is served but do not
accept the challenge, we will issue a rejection letter to the
person who made the representations and in will allow a further
14 days from the date the rejection letter is issued which to
pay the reduced penalty charge.
> ...
>
--- End Quote ---
Off-topic: I've posted it here on these forums because while
looking for similar PCNs on Pepipoo, I saw someone mention that
the forum is shutting down in November. That's quite sad but is
the reason I've posted this thread here. If I should post on
both, please let me know and I will do so. Thank you.
[attachment deleted by admin]
#Post#: 3636--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: guest17
Date: August 21, 2023, 9:07 am
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As an ex resident of Westminster I can assure you that their
CEOs hunt in packs.
On the face of it you are bang to rights.
The only exemption would be for loading or assisted alighting
(if there are no kerb blips to go with the double yellow lines).
Mike
#Post#: 3705--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: August 22, 2023, 10:24 am
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--- Quote from: MMV Redux link ---
>
> As an ex resident of Westminster I can assure you that their
CEOs hunt in packs.
>
> On the face of it you are bang to rights.
>
> The only exemption would be for loading or assisted alighting
(if there are no kerb blips to go with the double yellow lines).
>
> Mike
>
--- End Quote ---
There was no dropped kerb on that street if this is what you
meant by kerb blips.
Regarding the exemption for loading, what would that entail?
Also, here's the Google Street View of the road:
HTML https://www.google.co.uk/maps/@51.5127672,-0.1283898,3a,75y,85.82h,83.1t/data=!3m6!1e1!3m4!1sGKKX8ca9WhmjQJRYfo3osQ!2e0!7i16384!8i8192?entry=ttu
#Post#: 3706--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: John U.K.
Date: August 22, 2023, 10:35 am
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--- Quote ---
>
> There was no dropped kerb on that street if this is what you
meant by kerb blips.
--- End Quote ---
Kerb blips indicate restrictions on loading. Double blips = No
loading 24/7
Single blips = No Loading in times on signs.
These are kerb blips
HTML https://goo.gl/maps/t2zLMfHH4gq3L7pTA
And as they are single, rather than double, here is the sign
that governs them
HTML https://goo.gl/maps/CgbV8iiJv8iwkRPBA
ON the other side the single blips stop just east of this sign
outside Sushimania
HTML https://goo.gl/maps/rrtAuQMyqAU42nkA6
#Post#: 3926--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: August 27, 2023, 7:23 am
---------------------------------------------------------
As per 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
/>please post the PCN with no redactions, or just give us the
PCN
number and number plate.
#Post#: 3997--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: August 28, 2023, 10:54 am
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I've scanned it in now and uploaded the unredacted picture here:
HTML https://i.imgur.com/ln3ED7Q.jpeg
I apologise about the faded text on the PCN, that's how it was
given to me and the scanner has had a hard time picking up all
the words. Though, I have copied the text into the original
post.
#Post#: 4003--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: August 28, 2023, 11:52 am
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On the photographic evidence the contravention appears made out:
HTML https://i.imgur.com/dDSyMn7.jpg
HTML https://i.imgur.com/cwAczVt.jpg
HTML https://i.imgur.com/VaA5bvu.jpg
However there is something very strange going on with the
traffic orders. The City of Westminster (Waiting and Loading
Restriction) (Consolidation No. 1) Order 2011
HTML https://www.westminstertransportationservices.co.uk/limey/common/pages/download.php?file=SnVzdFMwbWVUM3h0TDJodmJXVXZkek56ZEcxcGJuTjBaWEowY3k5d2RXSnNhV05mYUhSdGJDOTBiVzh2Wm1sc1pYTXZZMjl1YzI5c2FXUmhkR1ZrTDNkaGFYUnBibWRmYkc5aFpHbHVaeTV3WkdZPQ%3D%3D<br
/>creates a restriction on page 300 (item 271) which is replaced
by item 271 on pages 7 and 8 of The City of Westminster (Waiting
and Loading Restriction) (Amendment No. 282) Order 2017
HTML https://www.westminstertransportationservices.co.uk/limey/common/pages/download.php?file=SnVzdFMwbWVUM3h0TDJodmJXVXZkek56ZEcxcGJuTjBaWEowY3k5d2RXSnNhV05mYUhSdGJDOTBiVzh2Wm1sc1pYTXZWME5ESURJd01UY2dUbTh1SURFMk9TNXdaR1k9:
HTML https://i.imgur.com/6PqyxvA.png
Number 26 is Adelphoi Music
HTML https://goo.gl/maps/hHasS7eBD9dMxu8e8
and number 27 is Souk
HTML https://goo.gl/maps/kK8XYiFTUceae8b98,
so it seems reasonable to
assume that number 28 is the property to the east of Souk
(google suggests number 28 is on the other side of the road, but
I think that's just wrong). This means there is a length of
yellow line not backed by a waiting restriction:
HTML https://i.imgur.com/6dwPndQ.png
I think you car was parked within this section, so it appears
that no contravention occurred. Would you be able to go back and
get us some more accurate measurements? Ideally we'd want the
distance from the party wall of numbers 27 and 28, up to the
"meter" manhole cover seen behind your car.
Also, why did you park there?
#Post#: 4042--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: August 29, 2023, 5:14 am
---------------------------------------------------------
That's a great find
I checked it and I think my car was parked in the section I've
marked below:
HTML https://i.imgur.com/M3x8Dt1.jpeg
Which I think would put me at least partially in the restricted
area of the traffic order even if we were to subtract 2 metres
west of the boundary wall (dashed line). Can we still proceed
with this line of defence? I would be happy to get measurements
if so.
As for why I parked there, there were severe delays on the
underground at the time so I drove to drop my mother off at a
restaurant. I quickly escorted her there because she was using
crutches to walk.
#Post#: 4047--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: fraser.mitchell
Date: August 29, 2023, 5:29 am
---------------------------------------------------------
--- Quote ---
> As for why I parked there, there were severe delays on the
underground at the time so I drove to drop my mother off at a
restaurant. I quickly escorted her there because she was using
crutches to walk.
--- End Quote ---
Pity you didn't tell us this earlier, because you could have
claimed the board/alight passengers exemption - assisted
exemption.
#Post#: 4077--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: August 29, 2023, 1:43 pm
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We can still claim the signage is inadequate, which is true.
Does your mother have a blue badge, or would she be eligible for
one if she applied? Although blue badges are not valid in
Westminster, being a BB holder can support the need for assisted
alighting, which frankly sounds like your strongest ground.
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