17 November 2015

The 24 hour rule

When you are parked in contravention in some sort of bay, the rule which Barnet Council have themselves written into Traffic Management Orders is that a second PCN cannot be issued until 24 hours have passed since the first PCN, as otherwise the traffic warden could stand there and just keep on issuing PCN which would be a nonsense.

Mr Mustard recently helped a man who received three PCN for not having a resident permit, whilst parked in a resident parking bay, on the following days and times:

Mr Mustard emailed the parking process manager and pointed out the 24 hour rule which clearly isn't flagged up in the hand held equipment of the traffic warden (and Mr Mustard thinks that traffic wardens may deliberately visit the scene of yesterday's conquests in order to multiple ticket the same car, as 421 has here) but that is no excuse for the traffic warden not checking the details of the previously issued PCN which are stuck on the windscreen.

This resident had trouble getting his permit issued by the system (his fault allegedly) but to then send him a permit back-dated to a month prior to the PCN dates is taking the wotsit, as clearly he was entitled to a permit but couldn't display if it hasn't been sent (now electronic) and so he can't in all fairness be issued with any PCN from the valid date onwards. Barnet Council have wisely cancelled all three PCN once Mr Mustard had a quiet word. 24 hours and 1 minute complies with the letter of the law but not the spirit as processing would have started within 24 hours.

Mr Mustard has asked for the hand held equipment to be reprogrammed (although the back office system should also have a blocking mechanism or at least one that alerts a human to look at the circumstances and confirm that a second PCN is justified for some reason).

Mr Mustard was also the victim of two PCN within 24 hours when he had his recent e-permit problem and received PCN #1 on Monday at 15:45 and PCN #2 at 09:49 on Tuesday. They were squashed as there had been a technical error with the electronic permit but the second PCN would have had to be squashed in any event even if Mr Mustard had been parked in contravention.

What this means in Barnet, as they don't tow your car away (although they may start soon for regular offenders with 3 unpaid PCN at the Charge Certificate stage) is that once you have a PCN for something you can leave your car where it is for another 23 hours without worrying. Don't try this in boroughs where they do tow or you will be another £200 down and visiting the car pound.

So, if you get multiple PCN you know what to do. challenge them.

If you are on double yellow lines, you can only be issued with one PCN if you do not move your vehicle as you are committing one continuous offence. The council's photos will prove that.

Mr Mustard rather likes the multiple PCN problems so don't be afraid to ask for advice if you need it (email).

Yours frugally

Mr Mustard

1 comment:

  1. There has been an adjudication that stated that multiple PCNs for a car remaining in contravention over several days are invalid from PCN No. 2 onwards, as it is a continuous contravention even on single yellows. Not all adjudicators seem to agree with Mr Paul Teper, but I do, anyway. If a car is an obstruction councils can tow it away.


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