Author Topic: City of Westminster - PCN Contravention code 26 -Parked in a special enforcement area  (Read 497 times)

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Unfortunately I have received a PCN for the above alleged contravention code 26 from Westminster council. I stopped for approx. 10 mins to pick up my children as couldn't find anywhere else to park. It was getting dark and I honestly had no idea that you couldn't park there plus I did not see any signings prohibiting parking.

I know this is probably a long shot but can anyone help me find any grounds for appeal from the PCN or photos?

Many thanks

https://pasteboard.co/NslCNzswYqQi.jpg

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Sorry, but we need to see where this is, so please read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Your photo shows double-yellow lines behind your car. These apply 24x7. However, boarding/alighting passengers is an exemption, and with children needing collection from a safe place, time is also allowed to collect them, but you have to show why you took 10 minutes, so please tell us, so we can help you prepare a representation to submit to Westminster council.


What are the PCN number and VRM.

Thanks for the response.

The reason I took around 10 mins to collect my kids was that as I arrived my youngest needed to use the toilet so I had to take him to the closest coffee shop I could find.

Please see copy of PCN below and google maps location:

https://ibb.co/HpKR61GG

https://ibb.co/HDRSW0rQ

https://maps.app.goo.gl/cKh9jzjPywKqH6y16

Many thanks

I'd say the right-hand side by the railings is a de facto kerb so the contravention didn't occur. See what others say.

Assisted boarding is an exemption but don't volunteer toilet details - just as long as necessary.

How old and where from.




IMO, the council have treated the barriers as the edge of the carriageway for at least 5 years according to GSV.

I would challenge and pursue on this basis.

Kids 7 & 8, I was picking them up from a maths lesson.

Are the council allowed to treat the railings as a kerb, shouldn't there be a sign or lones if some sort?

Kids 7 & 8, I was picking them up from a maths lesson.

Are the council allowed to treat the railings as a kerb, shouldn't there be a sign or lines of some sort?

There are, they're the barriers. IMO, avoid using the term 'kerb' because the legislation doesn't, it simply refers to 'edge of carriageway' and IMO as the de facto limit of the carriageway is the barriers then a motorist should be able to consider these to be the de jure edge of carriageway.

See page 49 of this: https://researchbriefings.files.parliament.uk/documents/RP03-92/RP03-92.pdf

You can see the issue that the contravention is designed to tackle, and it's not parking by barriers which for 5 years have restricted motorists' access to kerbs!

Thanks for the input.

So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?

Thanks for the input.

So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
Correct.
There is no exemption for loading or boarding for this PCN

How does this look for an appeal:

I am appealing this PCN on the basis that the contravention did not occur.

The CEOs pictures show metal barriers to the right of my car, it appears that Westminster Council have treated the metal barriers as the edge of the carriageway for at least 5 years (as per Google Street View).

Therefore, if the de facto limit of the carriageway is the metal barriers then a motorist should be able to consider the barrier to be the de jure edge of the carriageway. In conclusion, my car was parked less than 50cm from the edge of the carriageway and that there are no lines drawn designating parking spaces hence no contravention has occurred.

I refer you to the below extract from tribunal case number 2240189683:

"The Authority's case is that the Appellant's vehicle was parked more than 50cm from the edge of the carriageway and not within a designated parking place when in Snowshill Road on 10 December 2023 at 14.32.

The Appellant denies the contravention.

I have considered the evidence in this case and I find that the Authority has not proved that the Appellant's vehicle was parked more that 50cm from the edge of the carriageway.

The reason being that I find that the Appellant's vehicle was parked in a car park where there is no carriageway.

The appeal is allowed."

I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge.

Thanks for the input.

So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
Correct.
There is no exemption for loading or boarding for this PCN

No, loading and boarding/alighting are exemptions.

Thanks for the input.

So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
Correct.
There is no exemption for loading or boarding for this PCN

No, loading and boarding/alighting are exemptions.
But surely not for parking more than 50cm away from the kerb, which is what the PCN is for ?

The prohibition is statutory(s85 TMA) and the relevant exception is:

4)The third exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.


https://www.legislation.gov.uk/ukpga/2004/18/section/85