There are no yellow lines or kerb blips at this location, Westminster think they don't need them because they're special.
Here's a draft formal representation:Dear City of Westminster,
The alleged contravention did not occur because at the material time, I was assisting the mother of a family friend, Mrs (INSERT FULL NAME) to a nearby coffee shop located at 37 Queensway, London, W2 4QJ.
Mrs (INSERT SURNAME) is disabled and has mobility issues, so she could not board or alight from a vehicle without assistance, I attach a copy of her blue badge for your records.
I should further explain that when making informal representations I obtained drafting assistance from a Mr THIRD PARTY who did not fully understand the factual circumstances and incorrectly made reference to a medical appointment; there was no medical appointment, Mr THIRD PARTY simply got confused because the cafe in question happens to be called "Dr. Power".
Nonetheless the fact of the matter is that I was engaged in assisting a person with mobility issues back to the vehicle so the contravention did not occur.
The contravention could not have occurred in any event because none of the requisite road markings are present.
In light of the above I invite you to cancel the penalty charge notice.
Yours faithfully,
@privtes do not send this yet, but don't lose track of the deadline. You've not shown us the date of issue of the notice to owner so I'm not 100% sure when the deadline actually is. It would be helpful if you could show us the date of issue of the NTO.
@Incandescent please could you have a look at the whatsapp message I've sent you.
..and the yellow lines without which the contravention cannot occur?
Current photos pl.
Just for clarity, a BB cannot be used in Westminster as regards the waiting exemption but would provide strong support for the need for assisted alighting.
IMO, the sign is compliant because 'Midday-7am' is a permissible format. The three panels are placed correctly and there's no overlap between times.
But I cannot see a yellow line or kerb blips in the photos of the location, in which case the markings are improper because the restriction cannot be conveyed by signs alone.
OP, as regards your claim to the exception of assisted alighting(assuming the markings are there) the burden of proof falls to you. In this respect, you would have to show to an adjudicator - I think the council would reject- that you came, you parked, you went to the cafe, you immediately returned with the passenger who needed assistance. Do you have anything to corroborate your account e.g. dashcam record etc?
So why wasn't the blue badge on display?
But I cannot see a yellow line or kerb blips in the photos of the location, in which case the markings are improper because the restriction cannot be conveyed by signs alone.I agree, we've had this issue with Westminster bays several times previously.
@privates what is your relation to the disabled family member, do they have a blue badge, and what is the nature of the disability?
I have today received the NTO@privates show us please.
I have today received the NTO@privates show us please.
[Edit: no criticism intended of the original error. I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]I would suggest anyone drafting representations should check the basic facts. If someone is drafting reps based on boarding / alighting to a doctor's surgery, the person drafting the suggested reps should go onto google maps and check the distance between the place where the vehicle was parked and the doctor's' surgery to ensure the reps are credible, such basic checks would have highlighted in this case that there is no doctor's surgery.
If this ends up at the tribunal an explanation will be needed, which will unfortunately mean throwing the author of the suggested reps under the bus (by basically just telling the adjudicator that said author drafted the representations without checking the facts); this is unfortunate but it's better that we hold our hands up and win rather than overlook the issue and make the adjudicator suspicious as to what's going on or worse make him doubt the OP's credibility.
@privates let us know when you get the NTO please.
[Edit: no criticism intended of the original error. I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]I would suggest anyone drafting representations should check the basic facts. If someone is drafting reps based on boarding / alighting to a doctor's surgery, the person drafting the suggested reps should go onto google maps and check the distance between the place where the vehicle was parked and the doctor's' surgery to ensure the reps are credible, such basic checks would have highlighted in this case that there is no doctor's surgery.
Total failure to consider. If it were me, I'd wait fopr the NtO and make the same reps, add ing supporting evidence from the passenger of the doctor's appointment, but see what the experts here say.
I think somebody earlier in the thread made the mistake of thinking Dr Power is a medical doctor.
I don't think that's what Dr Power is... https://drvspower.co.uk/
(The OP repeated the error by copying the suggested reps verbatim - even though they must have known there was no "consultation" and no surgery)
[Edit: no criticism intended of the original error. I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]
Total failure to consider. If it were me, I'd wait fopr the NtO and make the same reps, add ing supporting evidence from the passenger of the doctor's appointment, but see what the experts here say.
@privates the restriction is not signed properly, but if you were engaged in assisted alighting then it hardly matters anyway as you have a defence in any event.
I see you challenged the PCN on the 20th so let us know when you get a response.
@privates please give us a link to the exact spot on google street view. Looking at the CEO photos, I don't think the restriction is signed properly.
@privates please give us a link to the exact spot on google street view. Looking at the CEO photos, I don't think the restriction is signed properly.
You've repeated your post for some reason.
Can you describe the circumstances more fully. Your thread hints at what is called "assisted boarding" and therefore potentially grounds for cancellation of the PCN.
To help us help you, please post-up a GSV link to the exact location, as Queensway is a long street.
Hope everyone is well,
long story short I was assisting a disabled person from the coffee shop to the vehicle. Warden had seen clearly what was going on. He said "ticket is printing already sir" so instead he said "I will put a note on the ticket and just call this number (on the plastic the ticket comes in) and let them know the situation". So I done as asked but the woman from the helpline explained no note has been put on there and I would have to appeal it regardless as they can not cancel PCNs on there, main point being the warden didn't even put the note on there.
I'm going to appeal based on the reasons above but was wondering if there is any other grounds of appeal?
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Thanks.