5 October 2016

We mustn't let council revenue raising stall

A recent decison from a Traffic Adjudicator
Is there no limit to the depths to which Barnet Council (and/or NSL) will sink to extract money from an innocent motorist? A learner driver must be allowed to learn to master clutch control without the fear of their instructor being penalised. (Ignoring a banned turn would be a different matter as the instructor should prevent that from happening).

Mr Mustard's guess is that the cctv extracts retained by the council are so short that the full situation was not apparent and the council took the view that the motorist is always guilty (they nearly always have that as their default position).

The adjudicator probably only took 20 seconds herself to make this decision.

Yours frugally

Mr Mustard

4 comments:

  1. Until legal restraints or penalties are placed on rapacious councils like Barnet, these situations will continue to occur.Remember that as it got to London Tribunals, the decision to refuse appeals is down to Barnet Council, not NSL. Ruthless, venal, and rapacious.These all apply here. Mendacious might be added.

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  2. The Adjudicator is clearly acting ultra vires. What was claimed is mitigation, the adjudicator cannot cancel for this reason.

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  3. No, he cancelled under de minimis, a well established legal principle that the law does not concern itself with trifling offences.

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  4. If the Adjudicator was cancelling under 'de minimis'it would be clearly stated in their reasoning. Stopping for 20 seconds is not a 'trifling offence'.

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