Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - yimkc

Pages: [1] 2
1
I thought the key here is that there is no yellow line that is mandatory for a waiting restriction.

We've seen this in a number of Westminster locations but some adjudicators don't seem too bothered.

I have received rejection from council. They don't consider my appeal and even not answering my challenge on the yellow lines.




I will put it forward to tribunal. Can I reuse the same challenge? Is it sufficient or any other point I need to highlight?

2
I thought the key here is that there is no yellow line that is mandatory for a waiting restriction.

We've seen this in a number of Westminster locations but some adjudicators don't seem too bothered.

I have submitted my presentation via the council site:
Quote
I appeal on the ground that the alleged contravention did not occur because the restrictions at the location were not adequately indicated as required by law. The penalty charge was issued on Rupert Street at the location designated by Westminster as G1-02. I contend that no lawful waiting restriction was clearly indicated, as there was no yellow line marking on the carriageway corresponding to the sign reportedly in place. You can refer to council's photographic evidence and the Google Street View capture.

Under the Traffic Signs Regulations and General Directions (TSRGD) 2016, a waiting restriction is only enforceable where indicated by both upright signs and corresponding mandatory yellow line road markings. In the absence of a yellow line, a motorist cannot reasonably be assumed to be aware of a waiting restriction, as such markings are the standard, legally required indication of prohibition on parking or waiting. The key issue is that the location shows no yellow line yet Westminster claims a “restricted” status applies. The council’s photographic evidence does not demonstrate any yellow line, nor any clear, continuous demarcation that would satisfy statutory requirements. Without these markings, the purported restriction fails to comply with Schedule 7, Part 4 of TSRGD 2016, and therefore any contravention cannot be sustained. Even in cases where “loading prohibition” signage appears, it must be paired with correct carriageway markings. To rely solely on a sign, in the absence of road markings, constitutes a failure of clarity and fairness contrary to Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, which requires that restrictions be clearly conveyed to road users.

Since no mandatory yellow line was present, the alleged restriction was not lawfully indicated, and the contravention therefore did not occur. I respectfully request the PCN to be cancelled.

Thanks again for your advice. I will update once I hear anything from them.

4
What was your initial challenge?

HC Andersen isn't around currently but I will try and help.

Appreciated your quick response. Here was my initial challenge.


5
Sorry for bumping up. Any expertise can provide some insights on how to proceed with the represetation? Thanks.

6
Finally got the NtO from post. Please advise how this should be represented. Thanks.





7
It's been almost a month since the contravention but I haven't received the NtO from post. I have emailed them asking for status. No reply yet. Shall I keep on waiting or what is the next step?

8
I'll take your advice and wait for the post. I'll update here immediately once received. Thanks.

9
The car is registered under my wife's name. Please PM me what should I/my wife do for the next step. Appreciated for any advice.

10
Sorry for bumping it up for advice. Is it a high chance to put it forward or simply pay for it? They are still offering 14 days discount.

11
I have submitted my appeal and received their reply yesterday. It comes in via email in PDF. I converted it to images for masking my personal info only.




Any idea if I should go ahead with formal representation or shut my mouth and pay? Thanks very much for any advice/suggestion.

13
Sorry if it is dumb - I can't find the edit button for the original post. I will post the images here:


Thanks for the info provided. IIRC, there is "Loading Only" marking in the middle of the bay (a single bay long enough for 3-4 cars). That is why "Loading Only" is not shown in the photo.

GSV is still valid (even it is 3 years old). It matches with my memory.
https://maps.app.goo.gl/3ryTxQiW2xy7gRoSA

I would agree I did not recognized the signage as it is wholly blocked by the crowd at that time.

Shall I go ahead to pay? Or I still have some grounds to appeal? Thanks again.

14
Ticket Reference : WE6400696A
Vehicle Registration Number : VT19NGE
Contravention : 02 - Parked or loading / unloading in a restricted street where waiting and loading / unloading restrictions are in force
Location : Rupert Street [G1]
First seen at : Sat, 1 Nov 2025 19:17
Issued at : Sat, 1 Nov 2025 19:17

The details of PCN can be searched via https://pcnpayment.westminster.gov.uk/pcnonline/index.php

I received a PCN with info above. I thought it is unrestricted after 6:30pm as I cannot find the signage near the bay. From the image taken, it does not show I am parking in a loading bay as there is no kerb/bay marking. And no image is showing the signage with the parked car. Can I use this as a reason to cancel this ticket?

Any advice is appreciated.







15
OK. I'll swallow it as it's my mistake. Thanks for the advice.

Pages: [1] 2