17 January 2017

Newham Council parking have their own idea of the law

Mr Mustard's client Jenny has had housing problems. Jenny is a lovely lady who is a carer for the daughter of another one of Mr Mustard's clients who has complex behavioural problems (the daughter, that is). Currently, with her own small child, she is in a B&B which really isn't ideal. She has problems in getting everyday things done, like washing their clothes. She has to put it all in the car and then go to her sister's and use her washing machine.

Her sister gives her a 6 hour permit which is just about enough to do some washing, drying and ironing and load it all in and out of the car. She arrived at 10am. This is what she then emailed to Mr Mustard after getting a PCN:

Enclosed are the parking ticket and the visitor parking ticket that was issued to my car that day. I didn't realise that I needed ink to send these documents, omg! (ink was needed so that the scanner would work, not a nice way for printer makers to programme their machines).

The day I got the ticket, it was raining. It was also on a one way road. I was visiting my sister's to do some washing. I left her house at 15:55 pm but could not lock the front door and no one was in. You had to twist and lock it. I also had two big bags of washing and I was jogging up the road as there is never a parking space and my car was 200 yards away.

When I got to the car, I saw the parking ticket on the windscreen and a motorbike speeding away.


The PCN was issued at 16:09 so some 9 minutes after the visitor permit had expired.

Mr Mustard challenged the PCN using the 10 minute's grace rule (introduced by 'Uncle' Eric Pickles - he's a big fan of the Barnet Bloggers you know) and then he challenged the Notice to Owner using the same grounds and Jenny received the rejection which contains the following:

Just plain wrong, the law also applies to periods of free parking

Poppycock, balderdash, codswallop, says Mr Mustard. Let us look at the law.

not the snappiest title
Was Jenny parked in a designated parking place? Yes, a bay for residents.

Had she paid or was the parking free?  Possibly either. In Newham if you don't have a car you get so many visitor vouchers for free and if you have a registered car with the free permit then you pay for them (Newham are very reasonable with permits & vouchers). Either way she had been parked during a permitted parking period.

Had that period expired by a period not exceeding 10 minutes, No, only 9 (phew).

This new rule was intended for the very situation that Jenny found herself in. She intended to leave on or by 4pm but the blessed door was a problem and that caused her to run a few minutes late. That should not cost her £130 as the penalty is disproportionate to the contravention. Look also at the stress it causes to people. Parking departments cause huge anxiety all over London.

Newham are clearly desperate to rake in the filthy lucre as they have resorted to telling a blatant untruth in order to try and persuade Jenny to pay up. Fat chance of that happening when Mr Mustard is representing her.

Mr Mustard must go now, file the Appeal at the tribunal and send Newham a complaint. If this Appeal goes ahead he will be asking for costs as Newham have been wholly unreasonable.

Yours frugally

Mr Mustard

1 comment:

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.