15 June 2016

Haringey Council start to take notice

On 5 February Mr Mustard's client, let us call him Ted, challenged a PCN that he had received in The Broadway, N8 on the grounds that the signs were ambiguous, that the sign on the pole is different to the one on the meter and that you can't paint a single yellow inside a parking bay within a CPZ. The challenge was rejected on 18 March.

Following receipt of the Notice to Owner, Mr Mustard made the identical challenge on 15 April. The council have accepted the second challenge (known as formal representations) as they now agree that the signs were not correct.

Three questions occur to Mr Mustard.

1.  Why didn't the council check the signs before they rejected Ted's challenge?
2.  What if Ted had believed the council, who must surely tell the truth and who have a general duty at law to be procedurally fair, and paid up? No-one would ever have known.
3.  Will Haringey Council now refund everyone who has been ticketed at the same spot in The Broadway N8 (Crouch End). 

If you were ticketed in the wrongly signed bay outside Boots in Crouch End why not demand a refund? An honest council would refund you.

The other point which would not have been lost on Mr Mustard had the council rejected the challenge is that they were too late to do so. The council get 56 days after your representations against a Notice to Owner are received by them. They sent the Notice of Acceptance on 13 June, which was day 56, but it was only served today so they would have been out of time in any event.

Mr Mustard suggests that you need to be very wary of much that emanates from council parking departments and even more so, from their contractors. It is all about the money.

Yours frugally

Mr Mustard

A reader has asked Mr Mustard to provide the legislation which supports the 56 days mentioned above. Here it is.


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