20 July 2014

Are you being served?

Strangely enough; this isn't over the entrance of Hendon Town Hall
Mr Mustard was pondering about service of a PCN for a man up north who, as he drove away from his parking space, saw the traffic warden throw the PCN through the open window and so he threw it back out again (in some boroughs he could have had a littering fine as well?). Mr Mustard remembered two PATAS cases he had read on the subject and so here are the relevant extracts for your enjoyment (cases are 2130205720 and 2140141941 for parking experts who want to read the complete originals). One PCN was cancelled and the other was upheld.

The snatcher

The Appellant denied that he was served with a PCN at the road side. The Authority said that the PCN was handed to the driver.

The enforcement officer's notes indicated "HTD" i.e. handed to driver but also stated that the Appellant snatched the PCN from the printer and threw it to the floor before threatening to run her over. While the Appellant taking the PCN from the printer amounts to good service, I do not see this as likely nor can I see how this can be described as handed to driver.

I am not satisfied that the PCN had been properly served. I am allowing the appeal.

The thrower

Miss N's second point is that the Penalty Charge Notice was thrown at her when she was inside her car. For a Penalty Charge Notice to be enforceable, it has to be affixed to the vehicle or handed to the driver. "Handed" can extend to it being given to the driver in any other way. The Civil Enforcement Officer may have acted impolitely and in an unfriendly manner but I am satisfied that the PCN was issued to the driver to the driver, as indeed is acknowledged by Miss N.

I dismiss the appeal.


Don't have your car window open anywhere near a traffic warden who might be about to give you a ticket. 

Don't get into a dialogue or a heated dispute.

Just drive calmly away and make a note when you get home of what happened. If you think the traffic warden has behaved badly get in first and make a complaint about their behaviour. Send it to first.contact@barnet.gov.uk and a copy to one of your local councillors who you can look up here using your postcode. You will need to put your car registration in the email.

Yours frugally

Mr Mustard

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