11 December 2014

Bizarre PCN of the year

Mr Mustard has been consulted about the above PCN issued by Harrow Council.

The PCN is for contravention 26 "parked in a Special Enforcement Area more than 50cm from the edge of the carriageway and not within a designated parking place". Clearly the single yellow line was not operative at 12:58

Things you need to know:

1. The whole of Greater London is a Special Enforcement Area.

2. The contravention was designed to stop double parking.

3. If a bay for parking was painted in the middle of the road and you parked in it you couldn't be guilty of parking a long way from the kerb as you were in a Designated Parking Place.

4. The whole of the car, including the wing mirror, has to be more than 50cm from the kerb. This car clearly isn't. A PCN for parking across a dropped kerb might have been justified but a PCN cannot be issued for that now.

The informal challenge has been rejected.

Mr Mustard has now drafted the formal representations which consist of one line to the effect that the car was not 50cm from the kerb. If it is rejected then it is off to PATAS we go.

If & when this PCN reaches PATAS the Adjudicator should dismiss it in a minute or less and Mr Mustard would suggest that costs would be payable by the council for being "wholly unreasonable".

Yours frugally

Mr Mustard

3 comments:

  1. It may be worth considering that the whole of the vehicle does not have to be more than than 50cm from the edge of the carridgeway only part of the vehicle as in parking perpendicular before you register the apeal.

    ReplyDelete
  2. CEO should have issued as code 27

    ReplyDelete
    Replies
    1. Chances are it was a mistake on his computer and he pressed the wrong button.

      Delete

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.