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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: hirerspcn on January 19, 2026, 09:32:10 pm

Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on March 03, 2026, 05:26:34 pm
1. An adjudicator would have problems reading the sign's times.

2. They have miscited the TSRGD: should be 2016.

3. They have miscited the alleged contravention: they have confused it with 33c - route restricted to buses and other certain vehicles only.

Hippo, can you represent me at tribunal for this?
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Hippocrates on March 01, 2026, 07:40:08 pm
1. An adjudicator would have problems reading the sign's times.

2. They have miscited the TSRGD: should be 2016.

3. They have miscited the alleged contravention: they have confused it with 33c - route restricted to buses and other certain vehicles only.
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on March 01, 2026, 02:33:28 pm
Sherlock Holmes may be able to see what is written on the signage in the footage.

TSRGD 2002??

Buses only?

IMO theses are fatal errors.

What does this mean?
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on March 01, 2026, 02:32:45 pm
Can you explain further please
This is an argument based on mitigation: -
Quote
Unfortunately, I missed the restricted access sign. Looking back at the location, I note that there is only one sign visible at the junction.

I also note from the PCN that I entered the zone only five minutes after the restricted period began. Given that this was a minor error of timing and a first-time mistake, I would be very grateful if you could cancel the PCN on a goodwill basis.

So you admit missing the sign. Better to say that the signage is inadequate to advise of the restriction because at busy junctions drivers must pay attention to hazards and conflicting traffic meaning that only a single sign is inadequate to advise of the restriction.

You admit being only 5 minutes into the restriction and ask that this be forgiven on the basis of minor timing error and first time mistake. Best not to even mention this.


Do you think theres a chance it could be cancelled?

Has there been other cases where it was?

Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Hippocrates on February 28, 2026, 10:58:14 pm
Sherlock Holmes may be able to see what is written on the signage in the footage.

TSRGD 2002??

Buses only?

IMO theses are fatal errors.
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Incandescent on February 28, 2026, 10:50:02 pm
Can you explain further please
This is an argument based on mitigation: -
Quote
Unfortunately, I missed the restricted access sign. Looking back at the location, I note that there is only one sign visible at the junction.

I also note from the PCN that I entered the zone only five minutes after the restricted period began. Given that this was a minor error of timing and a first-time mistake, I would be very grateful if you could cancel the PCN on a goodwill basis.

So you admit missing the sign. Better to say that the signage is inadequate to advise of the restriction because at busy junctions drivers must pay attention to hazards and conflicting traffic meaning that only a single sign is inadequate to advise of the restriction.

You admit being only 5 minutes into the restriction and ask that this be forgiven on the basis of minor timing error and first time mistake. Best not to even mention this.
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on February 28, 2026, 10:28:39 pm
Can you explain further please
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Incandescent on February 28, 2026, 07:12:19 pm
Any updates please
Adjudicators can only decide on matters of law, not mitigation. At the moment, I see only mitigation.
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on February 28, 2026, 06:03:45 pm
Any updates please
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on February 27, 2026, 04:33:05 am
Is there a chance of winning at tribunal?

Is there any arguments i can use to win?
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Incandescent on February 26, 2026, 11:37:29 pm
The next stage is you either cough-up or register an appeal at London Tribunals. This latter would mean the full PCN penalty being in play, with no discount option. If you win, you pay nothing, if you lose you pay the full PCN penalty, but there are no additional costs at all. Westminster must prepare an evidence pack and pay the adjudication fee, so they don't receive all of the extra £80.

So it's cough up, or take them to LT, the choice is yours.
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on February 26, 2026, 08:07:40 pm
I knew they were going to reject my appeal. What would be the next step?

(https://i.ibb.co/1fhMkNYB/Pg1-Redac.avif) (https://ibb.co/TBp1sGDJ)
(https://i.ibb.co/fVJ2y3Wz/Pg2.avif) (https://ibb.co/WNC6MrX4)
(https://i.ibb.co/tN4b9r8/Pg3.avif) (https://ibb.co/cp1NjnD)
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Incandescent on January 21, 2026, 09:54:46 pm
Looks OK to me.
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on January 21, 2026, 07:53:00 pm
I wanted to go there today to see if I made a genuine error or my view was obstructed. In this instance should there always be 2 signs? Left and right side of the road?

I can double-check and go there sometime this week but if my view was obstructed, would I have any grounds based on this?

I have prepared a draft below for now.

___________________________________________



Draft 1:


I am writing to formally challenge this PCN and would like to ask for your consideration based on the following circumstances.

I work as a private hire driver, at the time of the alleged contravention, I was en route to collect a passenger. As a professional driver, I am very observant and careful to follow all road signage. However, at this junction, I was focused on navigating safely and checking for oncoming traffic.

Unfortunately, I missed the restricted access sign. Looking back at the location, I note that there is only one sign visible at the junction.

I also note from the PCN that I entered the zone only five minutes after the restricted period began. Given that this was a minor error of timing and a first-time mistake, I would be very grateful if you could cancel the PCN on a goodwill basis.


Kind regards,
Title: Re: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: Incandescent on January 19, 2026, 10:35:27 pm
Difficult one, this. You drove over the junction head-on to the sign, although it has to be said two signs really should be present, but I think an adjudicator would conclude the sign is clear enough. Against this, is the fact that a driver's attention has to be elsewhere when making a move across a junction, so would be looking out for approaching traffic from right or left.

So it's probably best to submit a non-confrontational representation stating you are a private hire driver on the way to pick up a passenger. Explain that you are very careful to look out for signs such as the one you passed, but taking care at the junction to ensure it was safe to drive across, you seem to have missed the sign, of which there is only one. State also that you realise from the PCN that you were only 5 minutes inside the restricted period and ask that they cancel the PCN on a goodwill basis, due to the minor nature of the offence.
Title: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street
Post by: hirerspcn on January 19, 2026, 09:32:10 pm
I don't remember what actually happened here, or how I got into this position. I have checked my trip history, and it shows that I was on the way to pick up a passenger (I am private hire driver).

Furthermore, I always use navigation to get around and may have missed this sign. Usually, even when I do follow navigation and see the flying motorbike, I stop and check the sign just to make sure I don't drive within the prohibited times. I was 5 minutes off in this instance.

There is a similar case to mine, link: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/westminster-53c-lower-belgrave-street-multiple-pcns-(5)/

But it seems the user has made their reps private on Google Drive.


PCN Image Pg1 - https://imgpile.com/p/fN11uIx
PCN Image Pg2 - https://imgpile.com/p/26YDekJ

Video: https://streamable.com/9m2v36

Location: https://maps.app.goo.gl/1uySj5pUahSaBNkp9
Street View: https://maps.app.goo.gl/TwjSmBMhqtrKSAoP6