3. Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
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Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
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Dear FLTA
I need help for appealing the Notice to owner. I would be grateful for any help I receive. I wonder what statutory ground I can use.
Please find below attachments of various correspondence.
I made a mistake by parking on a resident's bay even though I know this street well.
The picture was taken in a hurry; the sign showing the parking restriction is blurred by a bright reflection of the camera flash and is completely unreadable.. I appealed and It was rejected. Please note my deadline to Appeal the notice to owner is 3rd June 2025.

Furthermore, on the Westminster website (see below) : the PCN mentions a Toyota as the car make. My car is a Hyundai. This indicates the Parking Officer was in a rush and possibly in an error issued me a parking ticket.

From Website:
--------------
LM14RSU
Colour
Silver
Make
Toyota
Contravention
12 - 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
Location
Kean Street [G1]
First seen at
Sat, 29 Mar 2025 22:49
Issued at
Sat, 29 Mar 2025 22:49
Served by
Affixed to Vehicle
-----------------------

PCN - 29th March 2025
Images of Car - 29th March 2025
Challenge by Driver - 30th March 2025
Rejection letter from Council - 8th April 2025
Notice to Owner - 6th May 2025#


Thanks in advance
Best regards


A.

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Re: Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
« Reply #1 on: »
Just so you know the legal position.

1. Photos are not a legal requirement, it is who an adjudicator believes, you or the CEO. An adjudicator decides based on the civil law test of "on the balance of probabilities".

2. Make of car is not a legal requirement on a PCN.

OK, so here is the start of Kean St : -
https://maps.app.goo.gl/Sc7zoQ9yjoVnHGL4A
Please post a GSV link to the bay where you parked. You say you parked by mistake in a resident permit only bay. Did you make any payment for parking ?

At the moment, I can see no possibility of getting the PCN overturned on the contravention itself, but there may be a 'technical' appeal argument based on Westminster mismanagement of the enforcement process. This would likely centre on their website pages for payment. However, it's the 1st JUne today and you've posted here with only 2 days to go to the NtO deadline, so frankly it is going to be difficult to assemble a winnable appeal in that time.

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Re: Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
« Reply #2 on: »
HI Incandescent

Thanks for your help and prompt reply.  Here is the GSV link below:

GSV - Kean Street

I did park in the residents bay and did not make a payment for parking. I do not have a resident's parking permit.

Can you please explain what do you mean by the "be a 'technical' appeal argument based on Westminster mismanagement of the enforcement process"

A.
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Re: Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
« Reply #3 on: »
'Technical' appeals are based on the enforcement process as defined in legislation, and in regulations. Failures by councils to follow these can form the basis of an appeal on its own, regardless of the actual contravention. There have been wins at London Tribunals on this. The most prominent of these is based on unlawful demands for money on the website pages for submitting representations. The downside is that these are appeals at London Tribunals as, naturally, the councils don't accept they have done wrong.  So the full PCN penalty is always in play.

What is puzzling me is your GSV view shows you parked right by the sign telling you it is a resident permit only bay. It has all the hallmarks of somebody chancing their arm and hoping a CEO wont appear. True or false ? Surely you didn't expect to park for free in the heart of London ?
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Re: Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
« Reply #4 on: »
OP, NTO posted Tue. 6 June.

Latest date of 28-day period commencing on date of service, namely 8 June, is 4 June.

You have a NTO so you have to either pay or make reps. You might as well make reps, but with what is in play evidentially you don't have a procedural leg to stand on - as per Incandescent- so IMO this should set the tone of your reps.

If they reject and re-offer the discount, then you have a choice and are better off than now where the full penalty is in play;
If they reject, then you still have a choice and financially are no worse off than you are now;
If they accept, then you're quids in.

So, what  mitigation could you put forward or was this simply the driver chancing their arm? 


 
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Re: Westminster - 12 - Parked In a residents or shared use parking space - Notice to Owner Stage
« Reply #5 on: »
H C Andersen --> Thx for the advice .  I will appeal.

I have been parking on that street after 1830 for years. It is just that I did not notice, that two new bays had been created. Parking is free on the whole street in all bays and single yellow lines except Resident bays. So it was my fault.

I will appeal and post the replies here so that it may benefit future users.

Thx to everyone.

A.
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