Westminster council parking ticket - appeal advice please

dingwall1

Hiya. I was hoping for some advice please. On Monday 19th June I got a parking ticket from Westminster Council after parking in what turned out to be a dual use bay. That meant it was a park to pay until 1830, then became a taxi rank after that. However the signs didn't make that clear, and so I was under the impression that I was fine to park there for free after 1830.

I did a Google search and found a Daily Mail article, in which Westminster Council admit that the signs are confusing and have agreed too repay over 5000 previously issued tickets.

The signs shown in the article are exactly the same as the signs on the site, despite the claims that they will change them. Using this as evidence, I challenged to fine on their website. This is what I wrote -

I would like to challenge this Parking Charge Notice.
I visited London on Monday evening to attend an event at the Prince Charles Cinema. The parking regulation sign was not at all clear. It said that you had to pay to park between 8.30am and 6.30pm. There was also a yellow sign that mentioned no waiting between 6.30pm and 8.30am, except taxis. However, there were two spaces behind me marked taxi, whereas the space I was in was unmarked. Therefore I believed that the sign about taxis was referring to the spaces marked taxis.

I feel that due to the confusing nature of the sign, this ticket should not be valid as I believed I was parking within the regulations. I found an article from November 2013 on the Daily Mail website in which Cllr Nickie Aiken said "we accept that the parking signs on these street could have given rise to confusion among motorists" and "We have now replaced these signs as a result" while talking about having to refund fines issued on this area using these particular signs. However it appears the signs have not been replaced as they still contain the exact same wording.

Hopefully you can understand my view that this ticket should be considered invalid, since th council themselves have admitted the signs are confusing and have refunded all fines paid in the past.

However they rejected my challenge. This was their response -

Our Ref: [removed]
Mr Adam Dingwall
[address removed]
22 June 2017
Penalty Charge Notice No: [removed]
Date of Contravention: 19/06/2017 21:10:59
Vehicle Registration Mark: [removed]
Location: Oxendon Street [G1]
Contravention Code: 45w
Contravention Description: Waiting on a taxi rank
Dear Mr Dingwall
Thank you for your correspondence regarding the above Penalty Charge Notice (PCN), issued as the Civil Enforcement Officer (CEO) believed the vehicle to be parked in a split-use bay during hours it functions as a taxi rank.
Your challenge against this PCN has been rejected because this bay is for the use of taxis only between the hours of 18:30 – 08:30.
You have stated in your correspondence that you believe the signage is not at all clear as the yellow signage states no waiting between 18:30 – 08:30 except taxis and the two bays adjacent to where you had parked was clearly marked taxis. I can confirm that the bays adjacent to where you were parked are in force as a taxi rank at all times. The bay you had parked your vehicle in was a split use bay. From 08:30 to 18:30, Pay-to-Park restrictions apply and motorists are permitted to park with a valid parking session in place. However, from 18:30 to 08:30, this bay is solely for the use of taxis only. As the PCN was issued at 21:10, I am satisfied it has been issued correctly.
The signage at the location has always been clear and compliant with legislation. However, some motorists were failing to comprehensively check and understand the signage, which led to them parking in contravention. As such, although not required, the City Council has installed an additional sign, in red, which highlights the fact that the bay is for the use of taxis only between 18:30 - 08:30. Whilst the restriction is evident from the existing signage, as some motorists appear to have failed to understand this restriction, the extra signage has been erected to ensure the taxi-only hours are absolutely clear. I have enclosed the CEO’s photographs for your reference.
The CEO’s photographic evidence confirms that the nearby time plate was clear in stating the restrictions in place. For your reference, I have also enclosed photographs which were taken from a previous site survey carried out at this location.
If you would like to view the CEO's photographs online, please use the following link:
[removed]
It remains the motorist's responsibility to check all relevant signage and to ensure their vehicle is parked accordingly to the regulations before being left unattended. Always check the signs for the bay which you intend to park in, and do not park unless the sign clearly states that you can do so.
I am able to offer you a further 14 days, from the date of this letter, to pay the PCN at the discounted rate.
You now have two options:
Option 1 - Payment at Discounted Rate
Please now make a payment of £65.00. This is the discounted rate and the charge will revert to its full amount of £130.00 if we do not receive the 50% discounted payment within the specified 14 days.
Payments can be made by:
- Online at [removed].
- Visa/Delta/MasterCard/Maestro/Switch. You can call Westminster Parking Services on 020 7823 4567.
Lines are open 24 hours a day, 365 days a year.
- Cheque or Postal Order made payable to `City of Westminster`. This should be sent to Parking Services, City of Westminster, PO Box 733, Redhill, RH1 9FN. Please state the PCN number on the back of the cheque/PO.
- In person at any Post Office in Westminster. Details of branch locations can be found at
[removed].
Option 2 - Make a Formal Representation
If you do not pay within 14 days from the date of this letter, the full charge of £130 will fall due. If you have not paid before the end of this 14 day period or the period of 28 days beginning with the date of service of the PCN, whichever is the later, then we will issue a Notice to Owner (NtO) to the registered keeper of the vehicle. The NtO will allow the registered keeper to make full payment or a formal Representation, appealing against the issue of the PCN; the procedure for doing so will be explained on the NtO. Any new evidence can be presented with the formal Representation.
We will consider any representations, even where we have previously concluded that the evidence does not merit cancellation of the PCN. If we reject the formal representation, the keeper will be able to appeal to an independent parking adjudicator, who will be able to consider whether the motorist's case falls within any of the statutory grounds for appeal. It is not possible to appeal to a parking adjudicator without going through the process of making a formal representation to the local authority.
Yours sincerely
Adam Warnes, Head of Parking Services
Parking Services, City Of Westminster Telephone: 020 7823 4567
PO Box 733 Textphone: 020 7641 8000
Redhill
RH1 9FN

They enclosed two photos. One was taken at the time by the CEO and was the of the sign featured in the article which the council admitted was confusing. The second photo was of a red sign saying "WARNING These bays are for taxis only 6.30pm - 8.30am every day". However this second photo is date stamped April 2014, and definitely wasn't present at the site when I parked.

I definitely feel aggrieved about having to pay this. They've admitted the original signs are confusing and have issued refunds. However the new signs they claim to have put up were not present, and they photo they used as evidence is over three years old.

I'd like to fight this further but I'm not sure firstly how to do so, and secondly if I'm likely to win. I don't live anywhere near London, so cant go back to get photographic evidence that the new signs are not there, but I did take a load of photos on the night.

Could anyone give me any advice on what to do next?

Thanks for reading.

The_Slithy_Tove

Best advice is to go to Pepipoo's Council Parking Tickets & Clamping and Decriminalised Notices forum, where there is expertise in council tickets. We tend to major on private parking tickets here.

Coupon-mad

I did a Google search and found a Daily Mail article, in which Westminster Council admit that the signs are confusing and have agreed too repay over 5000 previously issued tickets.

The signs shown in the article are exactly the same as the signs on the site, despite the claims that they will change them.

Wow! Definitely get pepipoo posters on the case and show them pictures and links as well as a scan of the FRONT AND BACK of the PCN, all small print (just cover your VRN but they MUST see the whole PCN as well, not just your sign/links to the newspaper article).

No hotmail email address when registering or you won't be able to post. Newbies can post images there.

Please come back and tell us when you win. Almost all Council PCNs are beatable but most are rejected, first time around. Just jump through the next hoops of appeal, and win.

dingwall1

Thanks for the advice. I'm gonna join the site and post on there now. Really hoping not to have to pay this!

Coupon-mad

Most people pay nothing when they post about a Council PCN on there. Over 90% success.