Author Topic: Re: City of Westminster PCN  (Read 192 times)

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privates

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Re: City of Westminster PCN
« on: April 19, 2024, 07:41:19 pm »
Furthermore, I had received a PCN earlier this day at 07:39am on attending the hotel for availability and received a stupid PCN. The hours start at 08:30am so I don't understand how the PCN was issued. Also the wheel was apparently over a footpath..

My appeal :


To whom it may concern,
I challenge this on the basis that the photo evidence does not show any or the contravention stated being
committed. The above selections do not apply so I have chosen any.
I ask for this reason this PCN to be cancelled.

PCN :

https://ibb.co/FK3nz00


No images at all but of the PCN attached to the vehicle.

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cp8759

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Re: City of Westminster PCN
« Reply #1 on: April 22, 2024, 07:02:10 pm »
@privates I've split this thread out so we don't get the two PCNs mixed up.

The council website now says this:



So, have you received the rejection sent on 8 April? If not, call the council and ask them to email you a copy.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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privates

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Re: City of Westminster PCN
« Reply #2 on: April 22, 2024, 08:20:08 pm »
So, have you received the rejection sent on 8 April? If not, call the council and ask them to email you a copy.

Here is the rejection for this PCN

https://ibb.co/vYbd3R9

All details of this PCN are invalid
« Last Edit: April 27, 2024, 05:25:09 pm by cp8759 »

cp8759

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Re: City of Westminster PCN
« Reply #3 on: April 27, 2024, 05:33:59 pm »
@privates so you need to call the council on Monday and ask if the notice to owner has been issued, if it hasn't you'll have to call again once every 10 days or so.

As you know very well by now, you simply cannot rely on getting the notice to owner in the post.

Once you know the notice to owner has been issued, you can make representation against it (the fact that you haven't physically received it makes no difference).
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

privates

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Re: City of Westminster PCN
« Reply #4 on: May 09, 2024, 10:57:01 am »
@privates so you need to call the council on Monday and ask if the notice to owner has been issued, if it hasn't you'll have to call again once every 10 days or so.

As you know very well by now, you simply cannot rely on getting the notice to owner in the post.

Once you know the notice to owner has been issued, you can make representation against it (the fact that you haven't physically received it makes no difference).

The NTO has been issued.



« Last Edit: May 19, 2024, 01:00:20 pm by cp8759 »

H C Andersen

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Re: City of Westminster PCN
« Reply #5 on: May 09, 2024, 01:51:58 pm »
As regards the contravention, this relates solely to being parked on the footway which is a 24/7 prohibition, it has nothing to do with yellow lines or other timed restriction.

With this in mind, were you parked on the footway?

Photos are not necessary for the authority to prove its case, but if they're taken routinely but not here then an adjudicator might infer a reason if you deny being so parked.

The exemptions to the prohibition are set out in 15(3) here: https://www.legislation.gov.uk/ukla/1974/24/section/15

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Re: City of Westminster PCN
« Reply #6 on: May 13, 2024, 10:40:13 pm »
As regards the contravention, this relates solely to being parked on the footway which is a 24/7 prohibition, it has nothing to do with yellow lines or other timed restriction.

With this in mind, were you parked on the footway?

Photos are not necessary for the authority to prove its case, but if they're taken routinely but not here then an adjudicator might infer a reason if you deny being so parked.

The exemptions to the prohibition are set out in 15(3) here: https://www.legislation.gov.uk/ukla/1974/24/section/15

This was given in the same location as :

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-westminster-pcn/msg16332/#msg16332

The location is wrong. The pavement I don't even believe the vehicle would be able to even get on top of.

cp8759

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Re: City of Westminster PCN
« Reply #7 on: May 19, 2024, 12:56:54 pm »
@privates well there's only one photo on the council website which is a bit suspicious:



However it's not the same location as your other thread, you can see the buildings reflected in the windscreen in the council photo and they match the buildings seen on Dering Street here: https://maps.app.goo.gl/zeaEzNihTxqfsTZw8

So I think you need to have a bit of a think about when you were on Dering Street, whether you were in fact parked on the pavement, and if so then why.

The deadline for making representations is 3 June, do not miss this.
« Last Edit: May 19, 2024, 01:01:50 pm by cp8759 »
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

privates

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Re: City of Westminster PCN
« Reply #8 on: June 12, 2024, 02:45:05 pm »
@privates well there's only one photo on the council website which is a bit suspicious:



However it's not the same location as your other thread, you can see the buildings reflected in the windscreen in the council photo and they match the buildings seen on Dering Street here: https://maps.app.goo.gl/zeaEzNihTxqfsTZw8

So I think you need to have a bit of a think about when you were on Dering Street, whether you were in fact parked on the pavement, and if so then why.

The deadline for making representations is 3 June, do not miss this.

I am completely clueless on the location of this PCN nor the reasons I was there.

Unfortunately I have missed the representation for the deadline and today received the charge certificate.

Is there any other steps to take? Of course I can not file a OOT for not receiving the NTO but how could such PCN be enforceable with no pictures?

Hippocrates

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Re: City of Westminster PCN
« Reply #9 on: June 12, 2024, 03:51:04 pm »
Is there any other steps to take?

No. Pay it.

Of course I can not file a OOT for not receiving the NTO but how could such PCN be enforceable with no pictures?

Irrelevant now.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
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cp8759

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Re: City of Westminster PCN
« Reply #10 on: June 16, 2024, 02:21:19 pm »
Is there any other steps to take?

No. Pay it.
+1, you were told not to miss the deadline and you missed it anyway. The punishment for this is that you have to pay £195, sorry but it is what it is.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order