Free Traffic Legal Advice

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

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 £80 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.

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.

Just a quick update – I’ve now received a rejection from Westminster.

They have re-offered the discount at £80 for a further 14 days. Their response states that the boarding/alighting exemption does not apply as I had left the vehicle.

Given this, I’m minded to pay the discounted amount, but just wanted to check if anyone sees any further grounds worth pursuing before I do so.

Thanks again for all the help.

Here is my informal challenge submitted to the council:

my Dear Sir or Madam,
On-line challenge for WE64399953
On the grounds of:
I wish to challenge this PCN for other reasons
Reason:
I wish to challenge my PCN for another reason
Further explanation :
Dear Westminster City Council,
I would like to make an informal representation regarding PCN WE64399953.
On 5 March at approximately 19:49 on Davies Street I had just completed dropping off passengers nearby.
Immediately afterwards I briefly stopped further along the street as I had an urgent need to use a toilet.
There are no public toilet facilities in the immediate vicinity and the situation was quite urgent, so I stepped inside
a nearby restaurant only momentarily. I returned within about a minute, at which point the Civil Enforcement
Officer was already issuing the PCN.
I explained the situation to the officer when I returned and he indicated he would make a note of the
circumstances. I would be grateful if you could review the CEO notes in relation to this interaction.
I fully understand the parking restrictions and normally take great care to comply with them. This was a very brief
stop caused by an unexpected and urgent personal necessity, rather than any intention to park in a residents’
bay.
For completeness, I can provide evidence of the journey and drop-off that took place immediately prior to this
stop.
In light of the very short duration and the circumstances, I would be very grateful if the council could consider
exercising discretion to cancel the PCN.
Thank you for your time and consideration.

I also attached a screenshot of the trip showing the drop-off on Davies Street, along with a screenshot confirming the vehicle registered on my account.

Council rejection:

Dear ......
Thank you for your correspondence regarding the above Penalty Charge Notice (PCN).
The PCN was issued because you parked in a residents' or shared use parking place or zone without a valid virtual permit
or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or
without payment of the parking charge.
Your challenge against this PCN has been rejected because you are not permitted to park in a resident bay without a valid
resident permit.
Drivers are permitted to pick up and set down passengers and their luggage and most regulations provide an exemption for
this purpose.
It should be immediately obvious to a CEO that the vehicle is parked for the purpose of picking up or setting down of a
passenger.
A vehicle may stop for as long as necessary to assist any person to board or exit the vehicle if assistance is required. When
the passenger has been assisted, you must then return to the vehicle and park the vehicle in a designated parking bay.
There is a high demand for resident parking space in the City of Westminster and to ensure that as much space as possible
is made available for the use of permit holders, any vehicle parked in a permit holder's bay that a CEO is unable to confirm
is covered by a valid permit on their handheld device, is a high priority for enforcement action. While this may sometimes
seem harsh, the City Council needs to take this course of action to keep resident bays clear for use by permit holders, who
pay an annual fee to park near their homes.
If you do not have a residents' permit, and you need to park during controlled hours, you may do so in Pay-to-Park bays.
These facilities are for general use and are intended to allow short term stays. If you need to park outside controlled hours,
you may do so free of charge on single yellow lines and in Pay-to-Park bays.
It remains the motorists' responsibility to ensure they have parked correctly and adhere to the restrictions in place or may
be liable to receive a PCN.
I am able to offer you a further 14 days, from the date of this letter, to pay the PCN at the discounted rate. You now have
two options.
Option 1 - Payment at the Discounted Rate
Please now make a payment of £80.00. This is the discounted rate and the charge will revert to its full amount of £160.00 if
we do not receive the 50% discounted payment within the specified 14 days.
Payment can be made by:
- Online at
- Visa / Delta / MasterCard / Maestro / Switch by calling Parking Services on 020 7823 4567. Lines are open 24 hours a
day, 365 days a year.
- Cheque or Postal Order made payable to 'City of Westminster'. This should be sent to Parking Services, PO Box 351,
Sheffield, S98 1TU. Please state the PCN number on the back of the cheque/PO.
- In person at any Post Office in Westminster. Details of branch locations can be found at
www.westminster.gov.uk/postoffice.
Option 2 - Make a Formal Representation
If you do not pay within 14 days from the date of this letter, the full charge of £160.00 will fall due. If you have not paid
before the end of this 14 day period or the period of 28 days beginning with the date of service of the PCN, whichever is the
later, then we will issue a Notice to Owner (NtO) to the registered keeper of the vehicle. The NtO will allow the registered
keeper to make full payment or a formal Representation, appealing against the issue of the PCN; the procedure for doing
so will be explained on the NtO. Any new evidence can be presented with the formal Representation.
To find out why the Council needs to collect and store personal data, how this is used and your rights to access your
information please refer to our Privacy Policy ( ).
Yours sincerely
Jonathan Rowing
Head of Parking Operations

Thanks for your reply.

The trip was requested at 19:14 and lasted approximately 21 minutes. The drop-off was on Mount Street, very close to Davies Street, and took place immediately prior to the PCN being issued (around 19:48–19:49).

After the drop-off, I moved slightly further along Davies Street and stopped briefly. I left the vehicle for around a minute due to an urgent need to use a toilet. The PCN time is 19:49.

The trip details don’t show the exact drop-off point, only Mount Street, but it was at the corner very close to where the vehicle was stopped.

I can upload a screenshot of the trip details if that would assist.

Thanks for your reply.

Please see attached the council photos.



GSV location:

In terms of keeper details, yes, I am the registered keeper and my DVLA details are up to date.

From my understanding the signage and bay markings appear clear, but I would appreciate your view in case there is anything I have missed.