Horrible Havering

 

The PCN from the above is an extract was a pretty standard document. What wasn't standard was the state of the yellow box at the point at which the allegedly contravening car entered it.

It is impossible to commit a yellow box contravention (entering and stopping die to a stationary vehicle) if there isn't another vehicle in sight! That didn't stop Havering, they must have hoped the motorist would be a mug, far from it, he knows Mr Mustard.

Three seconds later, this was the scene 

Still not another car in sight, still not a contravention, the car is clearly stopped so that the words on the yellow sign can be digested.

Mr Mustard made the formal representations which said this.

When the situation is patently absurd no point in writing lots of words as surely the most inept council officer will realise an error has been made?

Apparently not! 

Mr Mustard didn't hesitate, he started an Appeal at London Tribunals. 

That was on 11 April.

The hearing was listed for 25 June.

On 12 June Havering Council realised they were in for a bruising and cancelled the PCN.

Their ability to decide whether a PCN has occurred is inadequate unless of course it was their computer which decided in which case it needs reprogramming.

The decision to reject the representation was made by a complete nincompoop.

The only goods news to come out of this is that the North London Hospice will get £65 which is the sum Mr Mustard bet the motorist that the Appeal would be won.

If Mr Mustard wins the motorist pays the £65 to the Hospice not to Mr Mustard.

If Mr Mustard loses he pays £65 to the motorist make up for the lost discount.

Mr Mustard rarely pay outs as he rarely loses when he offers this deal, at his own discretion.

The end 

A sore thumb in Haringey

 

Mr Mustard seems to recall having fought and lost a tribunal case at this location for a lady collecting an ebay purchase but if you do drive through the middle, even at night as in that case, it isn't a natural route so a driver really should stop and think.

Remember Mr Mustard's mantra: Planter = Penalty.

Mr Mustard has been sent some stats for PCNs issued at this location.

Mr Mustard is told that there was a diversion in place which forced you through the restriction. Haringey Council should have known that and turned off the camera. Their software really should also flag a sudden increase in the numbers of alleged contraventions as there is usually a reason and it saves everyone a lot of work. This is the trouble with excessive automation.

This is what Haringey say about refunds. 

This isn't likely to be 100% true. In order to issue a PCN at this location the council asks DVLA for the name and address of the registered keeper, issues the PCN to that address and then receives payment, mostly by credit or debit card. There is only at most a 5% chance that that the motorist will have moved so at least nine out of ten of these people will not be easily traced.

Haringey Council need to try a bit harder. If you live in Haringey please tell your friends about this location

The end.

 

Working from home - close supervision required

 

The end.

Power mad councils

 

It really doesn't need saying that St. John Ambulance is a charity and performs a most useful service at charity and other mass market events. They are a common and comforting sight.

So if they have strayed into a bus lane in an ambulance (and the camera at this location is cynically & deliberately set to only capture the final 10m but craftily not show the end of the lane) just don't send them a PCN and if the computer does so just cancel it when challenged.

Luckily Waltham Forest Council lashed up their evidence which didn't surprise Mr Mustard who has beaten them at the tribunal 21 times out of 24.

They aren't the only miserable council in London. The following tribunal decision was about a Barnet Council PCN.

When an adjudicator says a council should not have fought an Appeal that is strong criticism.

The end.

The judge is the judge (not you!)

 

This Appeal was about a lorry exceeding the Greater London 18 tonne weight limit without a permit. The penalty is £550 so is well worth fighting. The company in question has a lot of lorries and so Ivan has been retained to help fight the PCNs on a commercial basis.

That means that if there has been vexatious, frivolous or wholly unreasonable behaviour a costs application can be made as the company has incurred some. Mr Mustard no longer requests costs as his clients don't incur any, their outlay being a voluntary charity donation to the North London Hospice.

The main reason why Mr Mustard has brought this decision to your attention, another one that he read at random, is because of the final paragraph in which London Councils, the umbrella body for all the London boroughs, seem to have suggested that the adjudicator, a qualified lawyer, and a long serving adjudicator, will be told what to do by an Appellant's representative.

The main reason why Ivan wins about 97% of the time (a few % above Mr Mustard) is that he has an outstanding knowledge of parking and traffic law and puts huge time and effort into presenting his cases. The duty of a representative is not to be partisan but to assist the Adjudicator and the same goes for enforcement authorities. If therefore there are prior decisions both for and against your particular argument, if you present one you should present the other. They aren't precedents in any event although they may be legally persuasive. An adjudicator can decide two apparently identical cases in different ways.

Telling the Adjudicator what to decide is a stupid idea, you might be back in front of them next week and you want your borderline cases to go your way so best be polite and helpful at all times. Mr Mustard tries to be the same when he loses as when he wins.

What London Councils have shown here is a typical attitude of enforcement authorities that having issued a PCN, no matter how unjustified, it must be paid, they cannot possibly be wrong. Well, news for them, they can.

The end.

Barnet Council - 5 minutes late, that will be £130

 

It is clear that whilst a technical contravention has occurred this is clearly a case in which discretion should have been applied and the PCN cancelled. This type of miserable, petty minded, mean, common sense free, money grubbing PCN just gets councils a bad name. It certainly doesn't bring the council closer to its residents. The resident did his best to comply and should not have been treated in this way. It is churlish in the extreme.

Motorists who are represented win a greater percentage of their tribunal Appeals. To get good free help start a thread here.

The end.

No time to pay with Barking & Dagenham Council

 

Having just written about Barnet Council not allowing time to pay Mr Mustard had this case come to his attention.

This is the part time no right turn into LIDL which has made cheap food rather expensive for so many people.

You will note that the argument that you can't see properly to drive equates to a poke in the eye for oneself. Not seeing signs six times is also not a good look.

The council didn't have to fight all six PCNs, they could have let 4 or 5 go by the wayside and still got the message across that one should not turn right at this juncture.

The hands of the adjudicator are tied, the contraventions either occurred or they didn't. The nudge is as helpful a step as the adjudicator can take within their own powers. Whether the council will listen or not is to be seen but Mr Mustard doubts they will take much notice. If however the motorist has a blue badge their car should not be removed by the bailiff so they may struggle to recover these penalties.

Every LIDL doesn't help.

The end.