3. City of Westminister - Code 01 Parked in a restricted street
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #15 on: »


These cases give you a good idea of what I mean by permanent disposition:
Rosica Solunova v City of London (2210125386, 12 April 2021)
Daniel Hirai v City of Westminster (2210105607, 26 June 2021)
Harold Goodrich v City of Westminster (2220668661, 14 August 2023)

There is a good example in Abu Zubae v London Borough of Hackney (2210338842, 19 August 2021) where the chief adjudicator found that the terms of the agreement were incompatible with a permanent disposition, so liability could not be transferred.

Just in case you're wondering, if we go to the tribunal and win on this ground, the PCN just dies. The council will not issue a new notice to owner to the lease company after losing the appeal.

Normally leasing companies will refund the admin charge if you show them that the PCN has been cancelled but even if they refused, you're better off paying £10 to the leasing company than £65 to the council. I will be happy to represent you at the tribunal.

As a precaution it's always worth telling the leasing company about the notice to owner being on its way, telling them you want to fight the ticket and asking them to transfer liability. This is because some lease companies just pay the notice and try and re-charge you, and that is a scenario we really want to avoid.
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I guess i never really digested the Terms even though I have read it. This is an eye opener. Thank you.

If my use is very restricted then I will return the vehicle and hire from another company.

If my PCN is in regards to my work, why is the T&Cs required?
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #16 on: »

But very extra-procedural for the authority to consider an application by someone who was not the registered keeper to be the keeper and ultimately be granted the right to appeal. The NTO must by law be issued to the RK who may rebut the presumption of being the keeper.

But it's the RK's decision alone, not the driver's, hirer's or the authority's.
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #17 on: »
Quote from: hirerspcn on October 15, 2023, 05:50:09 am
If my use is very restricted then I will return the vehicle and hire from another company.
Well that's not really a matter for this thread, the significant limitation I can see is that you cannot use the vehicle for personal use, so for example you can't use it to go and meet friends in the evening, or to go and buy your weekly shop or anything else like that. You can only use it for work and only for private hire work, so if you're not happy with that, then it would seem sensible to hire from another company.

Quote from: hirerspcn on October 15, 2023, 05:50:09 am
If my PCN is in regards to my work, why is the T&Cs required?
Because we can use the T&Cs to prove to the tribunal that the council was not entitled to transfer liability to you.
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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: City of Westminister - Code 01 Parked in a restricted street
« Reply #18 on: »
Nearly after 3 months I have received the NTO. The hire company transferred liability to me and I have finally received the letter in my name.

I have to note that I did NOT receive a PCN or a reminder letter from when my hire company transferred liability to me. This is the first letter (NTO) I have received from City of Westminster for this PCN.


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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #19 on: »
Please may i get some advice on this case.

Many Thanks
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #20 on: »
Well we have to go through the motions to get to the tribunal, this will do for now:

Dear City of Westminster,

My vehicle was temporarily stopped but was not parked, please would you cancel the PCN.

Yours faithfully,

Let us know when you get the rejection and we'll explain the next steps. Make the representation online at https://appeals.westminster.gov.uk/ and keep a screenshot of the confirmation page.
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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: City of Westminister - Code 01 Parked in a restricted street
« Reply #21 on: »
Thank you for your response. I will send off my appeal.

Edit: Can I write that from the images, the driver (me) is in the vehicle. To support that I was temporarily stopped and not parked?

Edit2: Could I also include my Private Hire license to show that I am a private hire driver and had no reason to park, only to temporarily stop to pickup passengers?
« Last Edit: February 13, 2024, 02:25:34 am by hirerspcn »
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #22 on: »
Quote from: hirerspcn on February 13, 2024, 02:12:57 am
Thank you for your response. I will send off my appeal.
No you won't, at this stage it's just a representation. The appeal comes at the tribunal stage.

Quote from: hirerspcn on February 13, 2024, 02:12:57 am
Edit: Can I write that from the images, the driver (me) is in the vehicle. To support that I was temporarily stopped and not parked?

Edit2: Could I also include my Private Hire license to show that I am a private hire driver and had no reason to park, only to temporarily stop to pickup passengers?
You can add that but my advice would be not to: your temporary stop amounted to waiting within the meaning of the legislation, on this point see the case of City of Bradford Metropolitan District Council v Obaid [2001] EWHC 536 (Admin). TLDR: you were in the wrong and the civil enforcement officer was entitled to issue a penalty charge (but that doesn't change the fact that we can get the PCN cancelled on appeal to the tribunal).
« Last Edit: April 07, 2024, 01:21:01 pm by cp8759 »
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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
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #23 on: »
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Re: City of Westminister - Code 01 Parked in a restricted street
« Reply #24 on: »
Well the obvious next step is to appeal on the ground that you are not the owner of the vehicle, on a properly argued appeal this is basically bound to succeed.

I will drop you a PM in case you'd like to instruct me as your representative.
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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: City of Westminister - Code 01 Parked in a restricted street
« Reply #25 on: »
Logged
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
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