16 December 2024

City of Westminster: No, No, Yes.

Mr Mustard's client parked in the West End on 8 April 24. Mr Mustard hasn't asked but you really do need a good reason for it to make sense to drive into central London given that we have lots of public transport choices.

He parked in the bay on the right, where the grey van is.


There was a suspension sign in the bay.

Having looked straight across the road the driver could see that he was not opposite the Comedy Store so he stayed where he was and received a PCN.

There isn't a bay opposite the comedy store, only yellow lines.


It was 17 May before Mr Mustard made the informal challenge. The Notice to Owner had not yet been sent and any challenge sent up until then is known as an informal one. The discount had gone but given the factual error Mr Mustard expected a swift cancellation.

He was wrong, the challenge was rejected 4 days later in full denial of the facts. 

Mr Mustard went into standby mode. On 24 June the Notice to Owner was sent.

On 28 June 24 Mr Mustard made the formal representations on the grounds of the vague location.

It took a month, until 28 July 24, for Westminster to again close their eyes to the facts and issue a formal Notice of Rejection which opens the door to the tribunal.

On 18 August 24 Mr Mustard started an Appeal at London Tribunals.

On 19 August Westminster issued a charge certificate rasing the penalty by 50% to £195. That document could not by law be issued until 28 days after service of the 28 July rejection and only then if the penalty is not paid nor an Appeal started.

On 20 August Westminster noted the start of an Appeal.

On 21 August Westminster threw in the towel and cancelled the PCN.

Whether that was because the PCN was without merit or because of the procedural impropriety is not known but Mr Mustard expected to win on the vague location point in any event.

What this history tells you is that if you want to win you need to set your stall out clearly and dig in for the long haul, don't fret about the discount if you have a decent argument. Councils do stuff wrong all of the time.

The end.

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