3. 11u Parked without payment of the parking charge (electronic payment) City of Westminster
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11u Parked without payment of the parking charge (electronic payment) City of Westminster
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Hi all

Posting on behalf of a friend. I think this is an easy appeal just wanted to ensure that the CEO was lazy in giving this PCN.

My friend parked his car and displayed his blue badge. He payed for parking (15 mins) which then expired at 9:05. He returned to his vehicle at 9.28 with a PCN slapped on his windshield.

The display information at the parking space states that Blue Badge holders can remain parked an hour after expiration (which the CEO conveniently cropped from his council photo) but fortunately I was passing by and took pictures myself of the disclaimer at the bottom of the board.

I attach the council photos here, along with the front and back of the PCN. I also include my own photographs showing the full sign which allows blue badge holders an extra hour upon expiration.

https://imgur.com/a/NX2hu8G

Would be good to hear if I’m correct in thinking this is an easy appeal and my friend should be able to appeal this pretty easily.

Thanks
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Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #1 on: »
Maybe the CEO needs to go to Specsavers.
On the face of it, this does look an easy win as you say. However make sure a copy of the full sign is included in the representations.  Council parking officials seem to be chosen for their obtuseness. Post up their reply when you get it.  DOn't go on and on an on with the reps, you need to keep it short and sweet.
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Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #2 on: »
Can't see any evidence of cropping in these CEO photos:





Can you post a screenshot of the parking session please?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #3 on: »
I meant the CEO conveniently cropped the display board where it stated Blue Badge holders can remain parked 60 mins after expiry. See the last 2 pics in link here https://imgur.com/a/NX2hu8G

I also attach receipt of parking session.

I’ve already drafted an appeal was going to tell my friends to send it off today:

Dear London Borough of Westminster,

I challenge the PCN on the grounds that the contravention did not occur. I parked my vehicle clearly displaying my Blue Badge and paid for 15 minutes of parking at 8.49am (see attached receipt). The session expired at 9.04am and I was issued with a PCN at 9.28am - just 24 minutes after the parking session expired.

The parking meter display where I was parked quite clearly states at the bottom that Blue Badge holders can remain parked 60 mins after expiry (see attached). Therefore, the CEO has prematurely issued the PCN and it must be cancelled.

Regards

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Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #4 on: »
@iispartan the number plate of the car is SK64 FTX, and the parking session was bought for SK64 TFX.

I hope you haven't sent that draft off yet?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #5 on: »
Sorry just saw this. I did send that draft to my mate and he sent it off unfortunately.. I didn’t spot that number plate error from my mate …

Is there an argument here still worth pursuing?
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Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #6 on: »
Blue badges do not apply in Westminster unless the subsidiary sign says they do
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #7 on: »
Quote from: mrmustard on November 22, 2023, 06:40:03 pm
Blue badges do not apply in Westminster unless the subsidiary sign says they do

The sign did say so I posted the evidence in the link in initial post
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Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #8 on: »
Quote from: mrmustard on November 22, 2023, 06:40:03 pm
Blue badges do not apply in Westminster unless the subsidiary sign says they do
Westminster lets blue badge holders buy a 15 minute session and then you can stay for another hour, this seems to apply to most if not all pay by phone bays. I've used it myself in the past.

Quote from: iispartan on November 22, 2023, 04:37:13 pm
Sorry just saw this. I did send that draft to my mate and he sent it off unfortunately.. I didn’t spot that number plate error from my mate …

Is there an argument here still worth pursuing?
Yes, when your friend gets the notice to owner let us know and don't challenge it without checking with us first.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #9 on: »
Hi there - I’m a bit confused as my mate tells me he hasn’t received a response yet. But when logging the PCN details on council website it says the ‘PCN is closed, we replied on 20 November’ but no trace of email / letter according to my friend.

Is it safe to assume it’s been cancelled ? Should he chase the council? See attached

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Re: 11u Parked without payment of the parking charge (electronic payment) City of Westminster
« Reply #10 on: »
Ignore this, found the response. PCN cancelled.
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