Westminster Council - parked in restricted street during prescribed hours

Hi all, my brother received a PCN at 1.48am on Brewer Street and my guess is he assumed that after these hours he could park here. I’ll get the details as to why etc later but looking at the council images I can’t see any signage to say he could park.

I do see DYL in the images however.

I would appreciate if I can get an initial view of whether there is scope to challenge this based on any fatal errors on the PCN or based on no signage being taken of the restrictions - appreciate any help.

Pictures of PCN and evidence here - https://imgur.com/a/iuEJcTF

I suspect you need to get your brother a copy of the Highway Code and point him at the section of Double Yellow Lines......

DYLs operate 24/7 and need no signage.

That said, please post a GSV link to the location.

Why did your brother park there ? There are two exemptions from yellow lines, loading and also boarding/alighting passengers.

All fair questions probably assumed after hours was okay to stop there. Probably accepting that this is bang to rights but still worth a shot ..

Nevertheless, GSV link here: https://maps.app.goo.gl/kzvVFYwk97LgFDcU7?g_st=ic

All fair questions probably assumed after hours was okay to stop there. Probably accepting that this is bang to rights but still worth a shot ..

Nevertheless, GSV link here: https://maps.app.goo.gl/kzvVFYwk97LgFDcU7?g_st=ic

If neither of the exempt activities was being undertaken, then the contravention is made out. HOwever, there may be a 'technical' appeal based on poor council management of the enforcement process, so wait a bit for others to comment before making a decision to pay or submit representations.

OP, luckily for you Westminster will re-offer the discount even if unsuccessful reps are made provided these are made no later than 19th, so nothing's to be lost by making simple 'I'm sorry, honestly didn't think my short stop at this hour would warrant a penalty....' reps, or whatever other form he wants to make.

Happy New Year all - I’ve just received response from council. I basically made a quick appeal on the lines of “apologies…I didn’t realise my short stay would warrant such penalty etc..”

Let me know if any grounds for appeal, otherwise I think I’ll just take the discount..

https://imgur.com/a/oFCTudP

Thanks

@iispartan that's only an informal rejection, if you wait for the Notice to Owner and make a further challenge within 14 days, Westminster will normally reoffer the discount anyway, so there's limited risk in giving it a go.

One simple route to success is that Westminster has recently been neglecting to provide any traffic orders in its parking cases, in which case it's an easy win. Quite a few of their traffic orders are wrong, if you're happy to wait for the NTO I'll check if the restrictions are properly enforceable.

@cp8759 If you’re positive they’ll re-offer the discount then I’m happy to wait for NTO and challenge

my brother received a PCN

I basically made a quick appeal

I’m happy to wait for NTO and challenge

Can we sort out who's who pl?

Your brother was driving.
Who is the registered keeper(RK) and are their DVLA keeper details current(the NTO would be sent to the RK)

I’m registered keeper, but my brother was driving. Yes details are up to date

@iispartan so far Westminster have always reoffered the discount if the NTO is challenged promptly. Let me know when the NTO has arrived and I'll draft a formal representation for you.

Thanks - discussed with brother and happy to wait for NtO

@iispartan it's worth keeping an eye on the council website once every couple of weeks or so, most councils will update the status to indicate if the NTO has been issued. At the moment is says "Your PCN is at full rate stage" and I suspect it will change to something different once the NTO has gone out, this will allow you to challenge the NTO even if it's lost in the post (you don't need to physically receive it to make a representation, you just need to know it exists).

While we're on this topic, the website wrongly says that the the Penalty Charge Notice will increase to £195.00 on 17 February 2025, which amounts to an unlawful threat:



This is a winning ground of appeal in its own right.

I have just received the NtO here

https://imgur.com/a/sJ2aCCJ

I’m happy to challenge on the grounds you laid out CP.