Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Johnsmith86 on March 11, 2026, 03:58:24 pm
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IMO, you lead with your strongest argument which is that every part of your car was within 50cm of the de facto and de jure 'edge of carriageway', namely the barriers(which Google Street View shows have been in situ for at least 5 years) and in any event you were assisting your ** to alight because *******.
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In my case the CEO did not see any evidence of boarding/alighting hence instant PCN was issued as per Westminster's policy.
The question is do I amend my appeal to include the exemption for boarding/alighting of passengers or no point?
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Code 26 primarily reflects legislation designed to stop double parking but enforcement can't really rule out double parking briefly to unload/alight if there are no parking places.
So while the legislation exempts loading and doesn't mention boarding/alighting, the latter is exempted in the London Councils handbook and referenced in some councils' policies, as in Westminster below.
Code 26 of course is now applied to situations such as the current case and IMO in situations not intended for such enforcement by the lawmakers.
(https://i.ibb.co/ZpZRBP3t/Screenshot-2026-03-14-at-16-20-20.png)
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The prohibition is statutory(s85 TMA) and the relevant exception is:
4)The third exception is where—
(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
https://www.legislation.gov.uk/ukpga/2004/18/section/85
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Thanks for the input.
So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
Correct.
There is no exemption for loading or boarding for this PCN
No, loading and boarding/alighting are exemptions.
But surely not for parking more than 50cm away from the kerb, which is what the PCN is for ?
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Thanks for the input.
So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
Correct.
There is no exemption for loading or boarding for this PCN
No, loading and boarding/alighting are exemptions.
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How does this look for an appeal:
I am appealing this PCN on the basis that the contravention did not occur.
The CEOs pictures show metal barriers to the right of my car, it appears that Westminster Council have treated the metal barriers as the edge of the carriageway for at least 5 years (as per Google Street View).
Therefore, if the de facto limit of the carriageway is the metal barriers then a motorist should be able to consider the barrier to be the de jure edge of the carriageway. In conclusion, my car was parked less than 50cm from the edge of the carriageway and that there are no lines drawn designating parking spaces hence no contravention has occurred.
I refer you to the below extract from tribunal case number 2240189683:
"The Authority's case is that the Appellant's vehicle was parked more than 50cm from the edge of the carriageway and not within a designated parking place when in Snowshill Road on 10 December 2023 at 14.32.
The Appellant denies the contravention.
I have considered the evidence in this case and I find that the Authority has not proved that the Appellant's vehicle was parked more that 50cm from the edge of the carriageway.
The reason being that I find that the Appellant's vehicle was parked in a car park where there is no carriageway.
The appeal is allowed."
I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge.
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Thanks for the input.
So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
Correct.
There is no exemption for loading or boarding for this PCN
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Thanks for the input.
So if I understood correctly, I am challenging on the basis that the contravention did not occur bec I am parked less than 50cm away from the edge of the carriageway (i.e. the barriers in this case) ?
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There are, they're the barriers. IMO, avoid using the term 'kerb' because the legislation doesn't, it simply refers to 'edge of carriageway' and IMO as the de facto limit of the carriageway is the barriers then a motorist should be able to consider these to be the de jure edge of carriageway.
See page 49 of this: https://researchbriefings.files.parliament.uk/documents/RP03-92/RP03-92.pdf
You can see the issue that the contravention is designed to tackle, and it's not parking by barriers which for 5 years have restricted motorists' access to kerbs!
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Kids 7 & 8, I was picking them up from a maths lesson.
Are the council allowed to treat the railings as a kerb, shouldn't there be a sign or lines of some sort?
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Kids 7 & 8, I was picking them up from a maths lesson.
Are the council allowed to treat the railings as a kerb, shouldn't there be a sign or lones if some sort?
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IMO, the council have treated the barriers as the edge of the carriageway for at least 5 years according to GSV.
I would challenge and pursue on this basis.
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I'd say the right-hand side by the railings is a de facto kerb so the contravention didn't occur. See what others say.
Assisted boarding is an exemption but don't volunteer toilet details - just as long as necessary.
How old and where from.
(https://i.ibb.co/5g9m89LY/w4.jpg)
(https://i.ibb.co/VY7Rt95J/w3.jpg)
(https://i.ibb.co/mFhqFrDC/w2.jpg)
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Thanks for the response.
The reason I took around 10 mins to collect my kids was that as I arrived my youngest needed to use the toilet so I had to take him to the closest coffee shop I could find.
Please see copy of PCN below and google maps location:
https://ibb.co/HpKR61GG (https://ibb.co/HpKR61GG)
https://ibb.co/HDRSW0rQ (https://ibb.co/HDRSW0rQ)
https://maps.app.goo.gl/cKh9jzjPywKqH6y16
Many thanks
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What are the PCN number and VRM.
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Sorry, but we need to see where this is, so please read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Your photo shows double-yellow lines behind your car. These apply 24x7. However, boarding/alighting passengers is an exemption, and with children needing collection from a safe place, time is also allowed to collect them, but you have to show why you took 10 minutes, so please tell us, so we can help you prepare a representation to submit to Westminster council.
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Unfortunately I have received a PCN for the above alleged contravention code 26 from Westminster council. I stopped for approx. 10 mins to pick up my children as couldn't find anywhere else to park. It was getting dark and I honestly had no idea that you couldn't park there plus I did not see any signings prohibiting parking.
I know this is probably a long shot but can anyone help me find any grounds for appeal from the PCN or photos?
Many thanks
https://pasteboard.co/NslCNzswYqQi.jpg (https://pasteboard.co/NslCNzswYqQi.jpg)