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#Post#: 106593--------------------------------------------------
Re: Westminster - Rupert Street [G1] - 02 - Parked or loading /
unloading in a restricted street
By: stamfordman Date: January 19, 2026, 4:53 pm
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I thought the key here is that there is no yellow line that is
mandatory for a waiting restriction.
We've seen this in a number of Westminster locations but some
adjudicators don't seem too bothered.
#Post#: 107103--------------------------------------------------
Re: Westminster - Rupert Street [G1] - 02 - Parked or loading /
unloading in a restricted street
By: yimkc Date: January 23, 2026, 9:02 am
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[quote author=stamfordman link=topic=8645.msg106593#msg106593
date=1768863202]
I thought the key here is that there is no yellow line that is
mandatory for a waiting restriction.
We've seen this in a number of Westminster locations but some
adjudicators don't seem too bothered.
[/quote]
I have submitted my presentation via the council site:
[quote]
I appeal on the ground that the alleged contravention did not
occur because the restrictions at the location were not
adequately indicated as required by law. The penalty charge was
issued on Rupert Street at the location designated by
Westminster as G1-02. I contend that no lawful waiting
restriction was clearly indicated, as there was no yellow line
marking on the carriageway corresponding to the sign reportedly
in place. You can refer to council's photographic evidence and
the Google Street View capture.
Under the Traffic Signs Regulations and General Directions
(TSRGD) 2016, a waiting restriction is only enforceable where
indicated by both upright signs and corresponding mandatory
yellow line road markings. In the absence of a yellow line, a
motorist cannot reasonably be assumed to be aware of a waiting
restriction, as such markings are the standard, legally required
indication of prohibition on parking or waiting. The key issue
is that the location shows no yellow line yet Westminster claims
a “restricted” status applies. The council’s photographic
evidence does not demonstrate any yellow line, nor any clear,
continuous demarcation that would satisfy statutory
requirements. Without these markings, the purported restriction
fails to comply with Schedule 7, Part 4 of TSRGD 2016, and
therefore any contravention cannot be sustained. Even in cases
where “loading prohibition” signage appears, it must be paired
with correct carriageway markings. To rely solely on a sign, in
the absence of road markings, constitutes a failure of clarity
and fairness contrary to Regulation 18 of the Local Authorities'
Traffic Orders (Procedure) (England and Wales) Regulations 1996,
which requires that restrictions be clearly conveyed to road
users.
Since no mandatory yellow line was present, the alleged
restriction was not lawfully indicated, and the contravention
therefore did not occur. I respectfully request the PCN to be
cancelled.
[/quote]
Thanks again for your advice. I will update once I hear anything
from them.
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