To challenge Westmi...
 

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[Closed] To challenge Westminster's PCN or not

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 Joe
Posts: 1705
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Have been parking in a free motorcycle bay at work for about 2 years. Came back after a weekend, parked the bike, came back to a parking ticket.

Complained to Westminster, who said the parking bay changed into a paid one on the day of the said offense. A new sign was put there before the weekend.

The sign is above eye level, at the end of the bay. They made no attempt to give any notice to changes of the bay, they just changed the sign. Most of the bikes in the bay had a ticket on them.

Pay up or take the appeal further...any thoughts...


 
Posted : 20/11/2021 12:10 pm
 lamp
Posts: 601
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Challenge it! The old adage of 'if you don't ask you get' may apply...probably not, but one never knows!


 
Posted : 20/11/2021 12:36 pm
Posts: 24498
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challenge it. At least as it's their own enforcement you're dealing direct with the people rather than the 3rd party Parking Co.


 
Posted : 20/11/2021 12:44 pm
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I agree with jonv that the council might be more amenable. We had an issue with some council parking that wasn't clearly signed. They refused to agree about the signage but did cancel the fine "as a courtesy" so it worked out


 
Posted : 20/11/2021 12:51 pm
Posts: 8904
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Leave your email address/phone number on the other bikes and send all the appeals in as one? Might carry more weight


 
Posted : 20/11/2021 1:24 pm
Posts: 6762
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Got to be worth ago but I dont rate your chances, contrary to the above you are appealing to the very people who thought a quick sign change is all that was needed. At least with private land you can appeal to the land owner as well as the parking co and POPLA.


 
Posted : 20/11/2021 1:26 pm
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Pay it, you were in the wrong, annoying as it may be. Stop wasting tax payers money. Cheers 🍺


 
Posted : 20/11/2021 1:26 pm
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Not sure how things work down there specifically but typically, something like that would need a change to the traffic regulation order. If changing a traffic regulation order, it needs to be advertised.


 
Posted : 20/11/2021 1:29 pm
Posts: 6209
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Challenge it, councils are usually quite good at letting you off on a one off situation like that - well in my experience anyway.


 
Posted : 20/11/2021 3:21 pm
 dpfr
Posts: 633
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I took a ticket all the way to an independent adjudicator and won, on the grounds of inadequate signage. It wasn't the money- I was just so annoyed with what felt very unfair. The adjudicator was actually a very sensible person who didn't get hung up on the legalities (and I am not just saying that because he came down on my side). In my case the signage was legally correct but positioned where it was not readily seen (in the shadows under a flyover with a bus lane, part of what was then Europe's busiest bus route, between car traffic and the sign so a fair chance it would be completely obscured).

I'd have thought they'd issue 'Parking restictions have changed. Next time it'll be a ticket' notices for a short while?


 
Posted : 20/11/2021 4:56 pm
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I think you’ve got a decent chance on a change of restrictions. I parked in a loading bay the other day only to be told by the person I was collecting from that the hours had changed from 10-4 to 10-2 (only a few months after it had been shortened). Didn’t get caught but I’d have appealed that.


 
Posted : 20/11/2021 5:24 pm
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At the very least they should be able to demonstrate that they have advertised changes to the Traffic Regulation Order by advertising it in the local press and that notices have been placed on site for a certain period indicating the changes are proposed. These are legal requirements and they should have records of it to prove so.

Legalics aside I would appeal as it doesn't seem terribly sporting. As someone mentioned, a 'restrictions have changed' notice on you bike seems appropriate. As it is I don't think it passes the reasonableness test.


 
Posted : 20/11/2021 5:37 pm
Posts: 727
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I was let off by Hackney council once for getting a letter wrong on reg number while paying

Agree with above they said similar - on this one occasion we'll let you off but don't do it again


 
Posted : 20/11/2021 6:40 pm
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I’d appeal that. I saw signage stating that restrictions will be imposed at a regular parking spot near me. This requires a form of planning law. Then I went online to read the changes and dates. State you are a regular there, did not see any prior notifications (they’d be stuck to a lamppost like a planning application) and will pay next time. You can also state that the study guns are inadequate, as evidenced by all the other motorcycles also fined.


 
Posted : 20/11/2021 7:52 pm
Posts: 2948
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Challenge.
Get on street view and get some screenshots of how it was before and after the signs were added.


 
Posted : 20/11/2021 9:37 pm

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