You will struggle to believe that a council, a body with a legal duty to be fair
R-v-Secretary of State for Home Department ex p. Doody (1994) (House of Lords) per Lord Mustill : "Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances" (The noble Lords clearly forgot to add 'except in Haringey' )
could stoop this low, or maybe you think that all parking departments are venal and rapacious. Certainly there are plenty of examples of a complete lack of ethics when it comes to PCN.
Here is the alleged contravention from the postal PCN
and here is one of the two photographs from the council website (the second photo is of the time plate)
Look at the bottom of the photograph. The photograph is timed at 18:32 so unless the driver decided to reverse back into the space and somehow avoid being photographed and also avoid being given a PCN or having one stuck to the windscreen (which of course they didn't) then at 18:34 the car was half a mile up the road.
Mr Mustard wonders if this should be treated as an attempted fraud and reported to the police. Despite this being obviously mischeivous the car owner still has to make representations as otherwise they will become guilty by default, which is one of the flaws of the way that the legislation is written.
If you have a PCN which has been dished out by CEO (traffic warden) 542, Mr Mustard would suggest you study it very carefully for any signs of trickery.
Perhaps the time of the CEO (Chief Executive Officer) Nick Walkley could be better spent in instilling honesty into parking staff and contractors (this will of course be the work of just one rogue traffic warden, yawn) instead of faffing about spending thousands on wretched logos.
|Almost the new Haringey logo:thanks Alan|
Any lawyers who happen to be reading are invited to comment upon possible actions that could be taken against Haringey Council. Mr Mustard will deal with the PCN itself.