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#Post#: 5064--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: H C Andersen
Date: September 13, 2023, 9:48 am
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Thanks, that's clearer.
You have a receipt which is good.
Another question: do you know that as regards assisted alighting
a DYL with loading blips is the same as one without, the loading
restrictions only affect loading and those displaying an
applicable disabled parking badge, they do not affect assisted
alighting or boarding and their presence doesn't affect
consideration of an assisted alighting defence.
I say this because there were numerous lengths of street with
DYL and loading restrictions which you could have accessed, if
you know what the markings mean.
Please try and remember where your target restaurant was, it's
important. Assisted alighting is a limited exemption and parking
as close as you could and finding the premises unaccessible does
not IMO entitle a driver to then wander, I hope I'm not putting
this too strong, the streets looking for somewhere else. The car
must be moved out of contravention as soon as the permitted
purpose has ceased. But this can be examined in closer detail as
more of the events unfold.
#Post#: 5132--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 14, 2023, 8:33 am
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No, I wasn't aware of the loading blips until creating this
thread.
Regarding appealing this, when do I lose access to the discount?
edit: 14 days from letter date so 26/09
#Post#: 5239--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: September 15, 2023, 5:47 pm
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As you have a defence in law, the discount is largely
irrelevant. I can't think of a single case where someone has
claimed the boarding / alighting exemption with credible
evidence and has lost.
If it helps, I'd be happy to represent you at the tribunal.
#Post#: 5264--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 16, 2023, 9:20 am
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What should I submit now, even if I intend to take this all the
way to the tribunal. And was "H C Andersen" accurate when they
said that assisted alighting is a limited exemption? How
difficult would it be to convince Westminster Council and/or the
adjudicators?
#Post#: 5298--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: H C Andersen
Date: September 17, 2023, 9:09 am
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Yes, it is limited.
IMO, the weakness in your account is that you parked, presumably
to go to the adjacent restaurant, but in fact went to a
restaurant which was unknown, out of sight, in a different
street, not the closest alternative and at least 400m from where
you parked. You therefore left the car in contravention for
longer than necessary.
This is anything but a straightforward assisted alighting case
IMO.
#Post#: 5347--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: September 17, 2023, 6:38 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO, the weakness in your account is that you parked,
presumably to go to the adjacent restaurant, but in fact went to
a restaurant which was unknown, out of sight, in a different
street, not the closest alternative and at least 400m from where
you parked. You therefore left the car in contravention for
longer than necessary.
>
--- End Quote ---
Well, we don't really know that.
[member=453]neverpaying[/member], why didn't you park closer to
the restaurant you were going to?
#Post#: 5371--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 18, 2023, 4:44 am
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I have found the original restaurant "Barshu Restaurant". My
mother had forgotten the name but I think it's this one.
I probably did enter the adjacent roads to this restaurant
initially and didn't find any open parking spaces that I could
pay to use or use for free so I expanded out further turning
into any road I could until I gave up basically and put it in a
side road that I thought would be safe enough from parking
attendants. It was only on the walk to Barshu that I asked about
the reservation and she said they had forgot to make one so we
walked over to "Rasa Sayang" instead, which I was familiar with
because I had eaten there once before. Quickly escorted her down
the road and she was joined by her friend and I left them and
returned back to my car.
#Post#: 5376--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: H C Andersen
Date: September 18, 2023, 6:27 am
---------------------------------------------------------
According to your account, you knew where you were going and
everything hangs on why Litchfield, which was over 200m from
Barshu(and the other side of Charing Cross Road), when, because
of the 24/7 loading restriction in the road outside Barshu, in
all probability it would have been clear and you could have
parked there.
IMO, the distance belies your concern with and your passenger's
claimed physical condition i.e. someone who needs assistance is
made to walk at least 200m instead of 5m.
This comes into play again with your claim regarding being away
for no longer than 6 minutes.
Litchfield-Barshu-Rasa-Litchfield(the first two elements
accompanying a person who needed assistance to walk) could not
be achieved in 6 minutes. It's simply not credible IMO.
Frankly, I think you need to fess up to misunderstanding the
meaning of the signs but perhaps obliquely e.g. after looking
for an on-street parking place without success, I parked in
Litchfield because it was the nearest street I could find
without loading restrictions and escorted *** to Barshu from
there.etc...
Then there's the separate strand regarding the lawfulness of the
DYL as discussed earlier.
#Post#: 5420--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: ivanleo
Date: September 18, 2023, 4:09 pm
---------------------------------------------------------
--- Quote from: neverpaying link ---
>
> Quickly escorted her down the road and she was joined by her
friend and I left them and returned back to my car.
>
--- End Quote ---
How was this coordinated with the friend? She can't have known
in advance to go to Rasa Sayang because it was a spur of the
moment decision. On the other hand if the friend just happened
to be in the area and there was an exchange of texts / whatsapp
messages, you should be able to get screenshots.
#Post#: 5524--------------------------------------------------
Re: Litchfield Street, parked on double yellow - City of
Westminster
DIR By: neverpaying
Date: September 20, 2023, 6:06 am
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"could not be achieved in 6 minutes."
I realise I have made a mistake. The 6 minutes was the
difference between the time I took the picture of the road sign
and the time the ticket was issued. I came back and saw the
ticket very shortly afterwards because I remember thinking I
just missed it so probably < 5 minutes. I thought it was time
between picture and me seeing the ticket.
Her friend joined her inside the restaurant, my mother called
her and I can get a screenshot of that call log if it helps.
(Although, my mother is not one for all this fuss and she's
already suggested many times that she can just pay the fine
herself...)
And to clarify, I didn't wait for her friend to show. I just
escorted her inside and she waited at the table and her friend
joined her. I'd left them long before and made a, maybe too
casual, stroll back to the car.
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