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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: poplitealartery on April 11, 2026, 05:34:03 pm

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: John U.K. on April 20, 2026, 08:30:35 pm

Well done :) That was a speedy acquittal!

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: Incandescent on April 20, 2026, 07:47:45 pm

Well done. Wrong location is normally fatal for a PCN, and they knew it !

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 20, 2026, 07:16:57 pm

' PENALTY CHARGE NOTICE NUMBER: WE66329824
DATE OF CONTRAVENTION: 05 April 2026
TIME OF CONTRAVENTION: 11:37
VEHICLE REGISTRATION: EA58WLN
LOCATION OF CONTRAVENTION: Queen`s Gate [A4]
NATURE OF CONTRAVENTION:

12r - 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

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.
I appreciate the evidence you have provided to verify that the location of the PCN is not the same as the location where you
had parked. Due to a procedural error, I am now able to cancel the PCN. I apologise for any inconvenience caused.
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 (https://www.westminster.gov.uk/parking-services).
Yours sincerely

Jonathan Rowing
Head of Parking Operations '


Win!

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 14, 2026, 12:39:25 pm

Here is my draft:

PCN WE66329824 – Vehicle EA58WLN

Dear Sir or Madam,

I make this challenge to the above PCN for the following reason.

On returning to my vehicle on Sunday 5 April 2026, I found the PCN affixed to it. The PCN states that at 11:37am the vehicle was in contravention in Queen’s Gate.

However, as the Council’s own photographs clearly confirm, the vehicle was not located in Queen’s Gate at that time, but on Prince Consort Road (outside Albert Court), some distance away.

As the Council will be aware, an incorrect location renders the PCN invalid as the alleged contravention has not been properly particularised.

I therefore look forward to confirmation that the PCN has been cancelled.

Yours faithfully,


Do I need to add anything to try and prove the fact that its in the wrong location? (Such as map locations etc)
If all good I'll go ahead and challenge

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 14, 2026, 12:35:48 pm

Hi all,

Thanks, that’s really helpful.

Understood on focusing on the location point.

The council photos already uploaded are the full set — They show the vehicle on Prince Consort Road (outside Albert Court), not Queen’s Gate. How's the best way to prove the location is incorrect? You can see the Department of Materials in the background as well as Albert Court right next to my vehicle.

I’ll upload images below:

(https://cdn.imgpile.com/f/FTgLFaO_xl.jpeg)
(https://cdn.imgpile.com/f/JVXVPZd_xl.jpeg)

For completeness, I am the registered keeper and the V5C is up to date with the correct details.

Thanks again 👍

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: John U.K. on April 14, 2026, 12:05:51 pm

GSV here of 60, Prince Consort Road.
https://maps.app.goo.gl/vkRq9X8fVKmYiZcL7

Please show us both sides of the unredacted PCN. Fot guidance on posting images see here
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/

Subject to seeing the PCN, I would be inclined to forget the contravention for now and to challenge as follows (if possible by e-mail, attaching copy of the PCN - keep the original safe, with a screenshot of the PCN on website))

PCN WE66329824  Reg Mark EA58WLN
I make this challenge to the above PCNM for the following reason.
On returning to my car on Sunday, 5th.April I found a PCN (copy attached) affixed to it. It states that at 11.37a.m. the vehicle was in contravention in Queen's Gate. AS the Council's own pictures clearly confirm, the vehicle was not located in Queens Gate at that time, but at a distance of some ? ? ? yards in Prince Consort Road. As the Council will be aware, wrong location voids a PCN and I look forward to this PCN's early cancellation.
Yours etc..

If Westminster reject yr challenge, hopefully they will mess up the rejection. See how others here comment.

Wrong location voids a PCN because liability rests with the Registered Keeper, who may not have been driving on the day and to whom the NtO will be sent, and may need to identify the location.

On which topic Are you the Registered Keeper? If so, are yr name & address on the V5 correct in every particular? (If details not corrrect, add them to your challenge.

If you're not the RK, then is the vehicle leased/hired/borrowed/other? Please give us details.

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: stamfordman on April 14, 2026, 09:58:42 am

These are all the council pics - as I thought the parking sign does have City of Westminster.

Location + boundary discretion are the possibles.

(https://i.ibb.co/k2msLMT2/w5.jpg)
(https://i.ibb.co/LdmSYPRZ/w4.jpg)
(https://i.ibb.co/Z6xK5VBp/w3.jpg)
(https://i.ibb.co/Lhhtw5hY/w2.jpg)
(https://i.ibb.co/fYCBM2RK/w1.jpg)

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: tincombe on April 14, 2026, 09:44:23 am

I checked official council guidance before parking
• I relied on what I believed were applicable rules in the immediate area

Quick reality check.

No. You checked the wrong council as regards where you actually parked, and in any event Sundays are not Bank Holidays, they're Sundays.

Wrong location would normally be fatal - as much as anything else because there's unlikely to be a CoW Traffic Regulation Order which specifies such a restriction in Queen's Gate.

Pl post clear photos from their evidence from which the car's location can be cross-referenced against other geographic databases.

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: John U.K. on April 14, 2026, 06:12:19 am

Quote from: poplitealartery on April 13, 2026, 10:57:56 pm

Hi all,

Would really appreciate some advice on this one. I was having issues with replying on my other thread.
. . .

Thanks 👍

Forum rule is 'one thread per case', so this thread is being merged with your  original. (Please advise us  what your issues are and we will try to help.

---
Wrong location is usually fatal to a PCN's enforcement, but see what the experts here say.

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 13, 2026, 10:57:56 pm

Hi all,

Would really appreciate some advice on this one. I was having issues with replying on my other thread.

I’ve received a Westminster PCN (WE66329824) for vehicle EA58WLN (I’m the registered keeper). It’s for code 12r and was issued on Easter Sunday (5 April 2026). Location on the PCN is given as Queen’s Gate. It’s still at the discounted stage. https://appeals.westminster.gov.uk/pcnonline/index.php

Initially I thought this was just going to be a mitigation case. Before parking, I checked RBKC guidance which says resident bays aren’t enforced on bank holidays:
   •   https://www.rbkc.gov.uk/sites/default/files/media/documents/Residents%20parking%20map.pdf
   •   https://www.rbkc.gov.uk/parking-transport-and-streets/parking/bank-holiday-parking

I later found Westminster’s page which confirms enforcement still applies there:
   •   https://www.westminster.gov.uk/parking/bank-holiday-parking

I now realise I was just over the boundary into Westminster, so I accept I may have been in contravention. The sign at the location was just “Resident permit holders only (Zone A)” with no days/times, which I understand likely means 24/7.

However, one thing that concerns me is the location stated on the PCN.

The PCN says Queen’s Gate, but I 100% parked on Prince Consort Road (exactly here Albert Court, 60 Prince Consort Rd, South Kensington, London SW7 2BE). These are different roads, not just different descriptions of the same location. In the photos you can see landmarks indicative of Prince Consort Road.

So I’m wondering:
   •   does this mean the location on the PCN is incorrect?
   •   if so, is that something that can invalidate it, or is it likely to be treated as “close enough”?

Separately, on mitigation:
I did make a genuine effort to check the rules beforehand and relied on nearby council guidance. From a driver’s perspective the road looks continuous and there’s no obvious indication that you’ve crossed into a different borough with different rules.

For context, I’m a medical student and was using the area to study for upcoming exams, so wasn’t trying to avoid paying — I had checked before parking.

So overall:
   •   is the location point worth pursuing, or a non-starter?
   •   or is this realistically just a mitigation case?

Happy to upload CEO photos or anything else if helpful.

Thanks 👍

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 13, 2026, 08:51:49 pm

The PCN says the location is Queen’s Gate, but I actually parked on Prince Consort Road (outside Albert Court).

From looking at maps, these seem to be different roads, not just different parts of the same one.

So just wondering:
   •   does that make the PCN defective if the location isn’t correct?
   •   or would this be considered “close enough” by an adjudicator?

For context, I was right near the boundary between RBKC and Westminster (have attached a map in the first post), which is why I initially thought I was OK to park there.

Interested in whether the location point is worth pursuing before writing an appeal based on mitigation.

Happy to upload council photos if needed, just wasn’t sure the best way to do that here.

Thanks in advance 👍

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 13, 2026, 08:43:48 pm

Thanks for your reply!

I posted the ticket reference and gave the reg as I thought it would be easier than uploading the images.

https://appeals.westminster.gov.uk/pcnonline/index.php

Using that link above. Not sure how to attach images.

But to answer your question, yes the sign did say City of Westminster.

However - I did check Kensington Bourough map and cross referenced with google maps and I am on a border area.

The ticket indicates 'Queens Gate' - I parked here exactly (Albert Court, 60 Prince Consort Rd, South Kensington, London SW7 2BE) - which is Prince Consort Rd - which is not correct to what the ticket has indicated. I'll draft the  appeal and post below.

Edit: Do I have another angle of appeal here since they have given my parking location as an incorrect location as Queens Gate (A4) and not Prince Consort Road?

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: stamfordman on April 13, 2026, 07:24:16 pm

We've seen discretion from one of these councils at the boundary I think.

Is the name Westminster on the sign? You could post the council pics.

Draft a polite challenge and post here first.

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 13, 2026, 01:50:11 pm

I will! Thank you for your reply.

To answer your question, yes I am the registered keeper and it is up to date

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: Incandescent on April 13, 2026, 12:26:30 am

Quote from: poplitealartery on April 12, 2026, 01:43:09 pm

Any ideas at all? Worth doing anything?

Well, yes. Don't just roll-over and cough-up as so many do, and join the Mugged Club. Whilst you may not get a good result, at least it makes them do at least some work for their money !

So submit representations on the lines of what you have told us. Post up their reply when you get it. Don't be upset if they reject your reps, but it may give a path to the possibility of a successful appeal at London Tribunals. Do note, however, you have to risk the full penalty there, but nothing more.

If you decide to go down the appeal path, the next stage is the service of a Notice to Owner, so the question is, are you the owner holding the V5C Registration Certificate, and is it up-to-date ?

Title: Re: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 12, 2026, 01:43:09 pm

Any ideas at all? Worth doing anything?

Title: Westminster PCN Code 12r – Queen’s Gate (Bank Holiday / Mitigation)also Wrong Location
Post by: poplitealartery on April 11, 2026, 05:34:03 pm

Hello all,

Back again unfortunately — I’d really appreciate any guidance on this one, though I suspect it may be more of a mitigation case than a technical one.

PCN details:
• Contravention: 12r – parked in residents’ bay without valid permit/payment
• Location: Queen’s Gate (Westminster)
• Date: Sunday 5 April 2026 (Easter Sunday)
Ticket Reference: WE66329824
Your PCN is at discount stage. PCN process information
Vehicle Registration NumberEA58WLN
i am registered keeper

⸻

🧾 Context

Before parking, I checked the RBKC (Kensington & Chelsea) website, which states that resident bay enforcement is not in operation on bank holidays.

Based on that, I believed parking would be permitted.

However, I later realised I had parked just over the boundary zone into City of Westminster, where enforcement still applies.

sources:

https://www.rbkc.gov.uk/sites/default/files/media/documents/Residents%20parking%20map.pdf
https://www.rbkc.gov.uk/parking-permissions/visitor-parking-and-pay-phone/bank-holiday-parking
https://www.westminster.gov.uk/parking/bank-holiday-parking-controls

⸻

📸 Signage

The sign at the location simply states:
• “Resident permit holders only (Zone A)”

There are no days/times listed, which I now understand likely means the restriction applies at all times, including Sundays and bank holidays.

⸻

🤔 My Position

I accept that:
• The sign itself is likely compliant and enforceable
• I was technically in contravention

However, I made a genuine and proactive attempt to comply with the rules:
• I checked official council guidance before parking
• I relied on what I believed were applicable rules in the immediate area
• There was no obvious indication on-street that I had crossed into a different borough with different enforcement rules

From a motorist’s perspective, the street appears continuous, and there is no clear boundary marking or warning that different rules apply.

⸻

🙏 Questions for the forum
• Is there any realistic scope for discretion / mitigation here?
• Has anyone seen Westminster exercise discretion in similar cross-borough confusion cases?
• Is this worth pursuing beyond the informal stage, or unlikely to succeed?

For context - I am a medical student and was using ICL to study for my upcoming exams

⸻

Thanks in advance — really appreciate any input.