3. Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« previous next »
Pages: [1]

Author Topic: Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place  (Read 747 times)

0 Members and 10 Guests are viewing this topic.

Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« on: »
Hi everyone,

I would appreciate some advice regarding a Westminster PCN.

Authority: Westminster City Council
Contravention: Code 12 – Parked in a residents’ or shared-use parking place without clearly displaying a valid permit or voucher
Location: Davies Street, London
Time on PCN: 19:49

I had just dropped someone off on Davies Street and stopped briefly further along the street. I had an urgent need to use a toilet and left the vehicle for a very short time (around a minute). When I came back a Civil Enforcement Officer was already issuing the PCN. I explained that I had only been away momentarily but was told it was too late.

The PCN shows a single time (“at 19:49”) rather than an observed from/to period.

I noticed the sentence reads ‘The penalty charge must be within the period of 28 days…’ but it doesn’t say ‘paid’. Is that normal wording for Westminster PCNs?

I have checked the council photos and they show the vehicle in a residents’ bay and the sign appears visible.

Before deciding whether to pay the discount or challenge, I wanted to ask if there are any realistic grounds of appeal in this situation or anything in the PCN or evidence I should be looking for.
Many thanks
PCN Westminster 1 hosted at ImgBB
Image PCN Westminster 1 hosted on ImgBB
ImgBB · ibb.co

PCN westminster 2 hosted at ImgBB
Image PCN westminster 2 hosted on ImgBB
ImgBB · ibb.co

Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl
Logged

Share on Bluesky Share on Facebook

Re: Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« Reply #1 on: »
Quote
I noticed the sentence reads ‘The penalty charge must be within the period of 28 days…’ but it doesn’t say ‘paid’. Is that normal wording for Westminster PCNs?
It's probably been like that for 20 years at least !!  So the question is, does leaving out the word "paid" make the PCN void. This would depend on which adjudicator you got, because there is such a thing as "substantial compliance". A PCN must contain mandatory information as per the regulations, and here they are: -

The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
These Regulations, together with the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/XXXX), provide for the civil enforcement of...
legislation.gov.uk

Look at Schedule 2
Logged
Re: Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« Reply #2 on: »
Just bumping this thread as the 14-day discount period is about to expire.

The PCN was issued on 5 March and the discounted amount of Ł80 ends soon. Before deciding whether to pay or challenge, I wanted to check if anyone sees any potential grounds based on the PCN wording or the evidence photos.

Many thanks again for any guidance.
Logged
Re: Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« Reply #3 on: »
There's no observation time on the PCN - where was this toilet?
Logged
Re: Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« Reply #4 on: »
The toilet was in a nearby restaurant on Davies Street. I had just dropped someone off on the same street and stopped briefly further along. I stepped inside only momentarily as it was quite urgent, and when I came back the CEO was already issuing the PCN.

Yes, the PCN only shows a single time (19:49) and does not show an observation period.
Logged
Re: Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place
« Reply #5 on: »
When I came back the CEO was already issuing the PCN. I tried to explain the situation, but he said he was entitled to issue the PCN immediately and that there was no need for an observation period.he indicated he would make a note of the circumstances though, not sure what does that mean.
Logged
Pages: [1]
« previous next »
  3. Davies Street, London, Code 12 – Parked in a residents’ or shared-use parking place