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#Post#: 4088--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: August 29, 2023, 3:57 pm
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She is not a blue badge holder but she has been using crutches
due to a personal injury some months ago. I would be able to
source doctor's notes or other proofs of the injury if it would
be useful. I looked up the eligibility of a BB and I'm not sure
that a fractured foot will suffice.
Which signage are we claiming is inadequate? I assume if we go
with the assisted alighting route (apologies I didn't know what
this was earlier) we aren't also bundling in the other defences.
#Post#: 4099--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: August 29, 2023, 5:52 pm
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Well the signage is inadequate because the yellow lines extend
too far, but given that your car was also parked in the
restricted area that is probably a moot point.
Any medical evidence to support the claim will suffice, as long
as it was reasonably necessary for the person who was alighting
being assisted to the nearby premises. Which restaurant were you
taking her to?
#Post#: 4124--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: August 30, 2023, 5:42 am
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Ok then, I will just try to give them the truth and hope for the
best.
The restaurant was one nearby but she did not have a reservation
and it was too busy so we went a little further out, but still
within 3 mins walk from the car.
#Post#: 4174--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: August 30, 2023, 5:28 pm
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--- Quote from: neverpaying link ---
>
> Ok then, I will just try to give them the truth and hope for
the best.
>
--- End Quote ---
No, type up a draft and put it on here first please.
This is a legal argument, you're not appealing to their
goodwill.
#Post#: 4205--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: August 31, 2023, 7:33 am
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Draft:
I am writing to formally appeal against the Parking Charge
Notice issued to my vehicle on the 20/08/2023 with PCN Number
WE51358534. I believe that there are extenuating circumstances
that should be taken into consideration in this case.
On the aforementioned date, I found myself in a situation where
I needed to park my vehicle temporarily on a double yellow line
on Litchfield Street. The reason for this was to provide
assistance in escorting an injured person, who was traveling in
my vehicle, to a nearby restaurant "Rasa Sayang". The injured
individual has a fractured foot as a result of a recent
collision with a vehicle as a pedestrian.
Given the lack of available parking spaces in close proximity,
and after circling for some time to find a free parking spot, I
made the decision to park on the double yellow lines to ensure
the injured person's safety and well-being whilst walking to
this restaurant, otherwise aided only by crutches. Once I had
assisted the injured person, I immediately returned to my
vehicle, after no longer than 6 minutes had passed (based on the
date of a photo I took of the road sign to remember where I had
parked).
I understand the importance of adhering to parking regulations,
but I firmly believe that the circumstances in this case warrant
an exception.
I kindly request that you review my representation and take
these exceptional circumstances into account when considering
this appeal. I am more than willing to provide any additional
information or documentation that may be required to
substantiate my claim. Moreover, I am fully committed to
complying with parking regulations under normal circumstances
and will continue to do so in the future.
I trust in your understanding and fairness in evaluating this
appeal. I look forward to your response regarding the outcome of
this representation. Please notify me of your decision at your
earliest convenience.
#Post#: 4237--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 1, 2023, 7:47 am
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I will submit this end of day. My 14 day period runs out on
Sunday and I will not be available over the weekend
#Post#: 4374--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: September 4, 2023, 5:51 pm
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Well the parking rules explicitly allow parking in these
circumstances, so you're not asking them to make any sort of
exception, but you've put in the key facts so even if they
reject, we can sort this out later on.
In the meantime, make sure to keep hold of any medical evidence
about the injury please.
#Post#: 5058--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 13, 2023, 7:28 am
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Received this email today. Doesn't look like they even
considered the representation.
Thank you for your correspondence regarding the above Penalty
Charge Notice (PCN) we apologise for the delay in our response.
I have carried out a review of your case and considered all of
the information you provided but, on this occasion, I am unable
to cancel the PCN.
The following 2 options are now available:
Option 1 - Payment at the reduced rate can be made within 14
days from the date of this letter:
... [payment options listed]
Option 2 - Make a Formal Representation
If you have not paid before the end of the period of 28 days,
beginning with the date of service of the PCN, we will issue a
Notice to Owner (NtO) to the registered keeper of the vehicle.
The NtO will allow the registered keeper to make fullpayment or
a Formal Representation, appealing against the issue of the PCN;
the procedure for doing so will be explained on the NtO. Any new
evidence can be presented with the formal Representation.
We will consider any representations, even where we have
previously concluded that the evidence does not merit
cancellation of the PCN. If we reject the formal representation,
the keeper will be able to appeal to an independent parking
adjudicator, who will be able to consider whether the motorist's
case falls within any of the statutory grounds for appeal. It is
not possible to appeal to a parking adjudicator without going
through the process of making a formal representation to the
local authority.
#Post#: 5060--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: H C Andersen
Date: September 13, 2023, 8:00 am
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OP, are you the registered keeper of the vehicle with current
DVLA keeper details.
As you are claiming an exemption the burden lies with you to
prove. But from what I can see you did not provide the authority
with any evidence, you simply
claimed the exemption by reference to escorting someone who
needed your assistance to a restaurant. To be honest, if all
that was needed to escape a PCN for parking on DYL in
Westminster was to claim to be assisting a person alight then
the city would be awash with them.
We need to see what proof you can provide. To start with, you
referred to Rasa Sayang, but GSV shows the nearest one is more
than 400m away by foot in Macclesfield St. /Dansey Pl*, were you
referring to somewhere else? Also, do you have a receipt from
the restaurant for this period and anything to link you to a
passenger requiring assistance?
*- and elsewhere in the thread you say that where she finally
went was not your first target restaurant which was 'too busy
and for which she did not have a reservation'.
#Post#: 5062--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 13, 2023, 8:22 am
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--- Quote from: H C Andersen link ---
>
>
> OP, are you the registered keeper of the vehicle with current
DVLA keeper details.
>
> As you are claiming an exemption the burden lies with you to
prove. But from what I can see you did not provide the authority
with any evidence, you simply
> claimed the exemption by reference to escorting someone who
needed your assistance to a restaurant. To be honest, if all
that was needed to escape a PCN for parking on DYL in
Westminster was to claim to be assisting a person alight then
the city would be awash with them.
>
> We need to see what proof you can provide. To start with, you
referred to Rasa Sayang, but GSV shows the nearest one is more
than 400m away by foot in Macclesfield St. /Dansey Pl*, were you
referring to somewhere else? Also, do you have a receipt from
the restaurant for this period and anything to link you to a
passenger requiring assistance?
>
> *- and elsewhere in the thread you say that where she finally
went was not your first target restaurant which was 'too busy
and for which she did not have a reservation'.
>
--- End Quote ---
I am the registered keeper of the vehicle.
To my representation, I also attached a screenshot of a
discharge letter from the doctors that state their findings "a
fracture" with the patient's name (sharing surname of mine).
I have forgotten what the first restuarant was but I can find
out. I already have a receipt from the restaurant from this
period. You're right, it is the one that is a 4 minute walk away
from the parking site but as I mentioned, I was circling for
some time to find somewhere appropriate to place the car (even
paid spots - but those were all taken up as well) as the place
is so close to Chinatown, which was incredibly busy at this
time. I may have also mentioned but I almost never drive in to
central london but the train situation warranted it on this
occasion.
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