Advice needed - Westminster unfair PCN to Blue Badge Holder

[a.ferra]

We parked our vehicle in a mobile phone bay in central London and paid via the mobile phone text system for the first 20 mins, this would then allow us a free 1hr extra with our blue badge displayed. My husband sent the text and received a return text with the opening line 'Thank you for your text...', he did not fully open the text. When we returned to the car there was a PCN on the windscreen. Recently my husband replaced his phone, he still had all the details for Westminster Parking in the new phone, but unfortunately the Westminster Mobile Phone Text service no longer recognised his phone. At the time we were unaware of this as the opening line on the return text message was exactly the same as for when you have correctly paid. Obviously on returning to the car we opened the text message to find it said 'Thank you for your text - to register for phone parking either call the phone number on signage or register online at verrus.com. Thank you!'. How crafty they are that they should have the same headings for a text that is paid correctly and one that is not. I wrote to Westminster Council explaining this but they have rejected my challenge, giving me 2 options

 

Option 1 - Payment at discounted rate (14 days at reduced rate from the date of letter)

 

Option 2 - Make a formal Representation??

 

Can anyone help as to what to do, how do I make a formal representation and what are the risks??

 

Is Westminster decriminalised?? I currently have a good credit score and don't want to jeopardise it?

 

Are they actually able to get away with this??

 

Angel

Edited October 15, 2008 by a.ferra

[Guest Ting]

Yes Westminster is decriminalised. They are one of the top 3 most intransigent Boroughs when it comes to appealing IMO.

 

Nothing involved in appealing can affect your credit score.

 

New story on me but i take your point. Have you saved those texts?

 

If it went to Adjudication I'm not sure of the result - but they are often quite sensible on real life matters. They can only really rule on legal points but things like this do help sway them.

 

You will have to wait for the Notice to Owner in order to make formal reps. In the meantime you lose the discount offer.

Westminster NtOs have a few errors that will add to your case - not much but something. (i'm going to get in trouble again here. From what I've seen, no-one here ever spots paperwork flaws. i recommend you take it to 'PePiPoo' forum if you want to proceed) i say so because i may not be here much longer.