Here is a report by an adjudicator who Mr Mustard happened to be in front of on Thursday morning for an Enfield PCN on a day when he also considered this one from Barnet.
The behaviour of NSL in sending this lady all the way to PATAS is repulsive and repugnant and reflects very badly on the borough.
It seems to me that most members of the public would share my astonishment that whatever the merits of the legality or otherwise of the parking the Council did not immediately exercise its discretion in the case of an 85 year old lady visiting her husband who was in a coma and just forgot to display her disabled badge. In the absence of any history of previous warnings or instances of non-display the Council should have cancelled the PCN with an appropriate reminder to be more careful in future.
As it transpires it is unnecessary to make a formal recommendation to that effect as the Appeal falls to be allowed on other grounds. The Council's statement in its rejection notice to the effect that the clock was required to be displayed in addition to the badge was not correct and could have misled the Appellant as to the true basis on which the PCN was issued. The issue of the rejection notice not having considered the representations in the light of the applicable legal provisions is a procedural impropriety and the Appeal is therefore allowed.
The One Barnet parking enforcement contract has been given to a company without a moral compass, NSL is their name.
Yours frugally
Mr Mustard
The behaviour of NSL in sending this lady all the way to PATAS is repulsive and repugnant and reflects very badly on the borough.
It seems to me that most members of the public would share my astonishment that whatever the merits of the legality or otherwise of the parking the Council did not immediately exercise its discretion in the case of an 85 year old lady visiting her husband who was in a coma and just forgot to display her disabled badge. In the absence of any history of previous warnings or instances of non-display the Council should have cancelled the PCN with an appropriate reminder to be more careful in future.
As it transpires it is unnecessary to make a formal recommendation to that effect as the Appeal falls to be allowed on other grounds. The Council's statement in its rejection notice to the effect that the clock was required to be displayed in addition to the badge was not correct and could have misled the Appellant as to the true basis on which the PCN was issued. The issue of the rejection notice not having considered the representations in the light of the applicable legal provisions is a procedural impropriety and the Appeal is therefore allowed.
The One Barnet parking enforcement contract has been given to a company without a moral compass, NSL is their name.
Yours frugally
Mr Mustard
No comments:
Post a Comment
I now moderate comments in the light of the Delfi case. Due to the current high incidence of spam I have had to turn word verification on.