Lack of diplomacy in Westminster

 

One of the benefits of over a decade of PCN fighting experience is that experts get to know arcane information. Mr Mustard knows than an enforcement authority, such as the City of Westminster, has the legal right to suspend parking bays but only for the reasons they write in their traffic orders. Common reasons include people moving home, filming, street events, scaffolding & building works, crane works and the like. Mr Mustard couldn't recall having read an Order which allowed for parking to be suspended so that diplomats could park (presumably somewhere different to usual). It isn't really necessary as they often don't pay their PCNs in any event so they may as well just have been left to park as best they could.

Mr Mustard decided that Miss W wasn't going to be paying the PCN she was given at twenty past midnight, a time when the 9 diplomats were not likely to be in the office in any event. Miss W had been to watch a film, ironically called Predator : Badlands which turned out to be set in Westminster

 

Mr Mustard made the informal challenge on 11 November which was as follows:

The rejection of the informal challenge was issued 8 days later and completely failed to deal with the only argument that had been made:

This is a typical method of trying to fool the public. Write a load of stuff which is true but irrelevant, sophistry in action but not sophisticated and it gets nowhere with Mr Mustard. In fact it helps him as the legal duty on the authority is to consider the representations which were made not ones which were not made.

Mr Mustard asked Miss W to trust him and to send him the Notice to Owner once received. She did so after it was issued on 6 January. On 9 January Mr Mustard made the formal representation.  All Mr Mustard had to do was change the heading from 'Informal challenge' to 'Formal Representations' and change the date at the bottom, the content of the representation was identical.

The rejection was slightly different and went on for longer but it still dodged the only argument that had been raised:

 

Mr Mustard and Miss W swapped some messages:

Mr M:  Had a few minutes gap at work so read the letter. Westminster have not answered the only point I made which is that they have not given themselves the right to suspend a space for diplomats so I would hope to win at the tribunal but can't guarantee it. If I lose the 50% discount goes but I think as a principle we should fight. I do all the tribunal paperwork.

Miss W: Ah okay hmm if you think it’s worth a shot let’s go for it. Have you come across a case like this before do they normally get thrown out?

Mr M:  This is a first but that may be because not many people fight back like I do. I often create new Appeals that are revolutionary and then followed by other experts and vice versa

Miss W: Thanks. I’m open to fighting it, but realistically what do you think the chances are? I just want to weigh that against losing the discount.

Mr M: Chances are 90% win.

So off we went to the tribunal on 12 February 2026. This PCN had moved pretty rapidly through the process.

Grounds of Appeal: The Notice of Rejection contains nothing in response to the argument that the council had no legal right to issue the PCN. That is a procedural impropriety.

There is currently a delay in obtaining a hearing at London Tribunals which is being worked on but Mr Mustard doesn't mind, it gives motorists time to save up in case they might lose. The hearing date set was 10 August 2026.

Miss W had a good attitude: Thanks, I’ve never seen this process before so quite interesting to see it unfold. Appreciate it!

Mr Mustard missed it at the time, as he has 50 tribunal Appeals running concurrently but on 10 June the City of Westminster decided to throw in the towel.

The Council no longer wish to contest this appeal and the PCN has been cancelled.

Mr Mustard surmised that they didn't want a tribunal decision against them on this point as although it isn't a precedent it would make their position precarious for future cases and that they will carry on suspending bays for this reason and issuing PCNs unlawfully.

There was no traffic management purpose to this PCN it was a pure revenue raising tool. Justice has been served. Westminster lost £32 on this (the approximate tribunal fee).

The end.