Haringey - too hasty

The story

This parking, slightly across the dropped kerb, was a little inconsiderate but didn't stop anyone in a wheelchair from getting down the dropped section although it occurs now to Mr Mustard that it is very dangerous for any self propelled wheelchair user to have to suddenly appear around any parked vehicle.

The van was so parked for a few days. On the Thursday a traffic warden gave it a PCN. On the Friday a different traffic warden gave it a second PCN (rather oddly Mr Mustard has two original PCNs for the Friday, both supposedly issued by the same traffic warden at the same time & yet the signatures are markedly different - that would probably have led to cancellation at the tribunal). For a continuous contravention, one that is in force 24 hours a day, such as double yellow lines, parking on the pavement where not allowed and dropped kerbs, it is only possible for the local authority to extract one penalty. Thus the first mistake that Haringey made was in issuing the second PCN. They then compounded their error by uplifting the van to the pound and Mr Mustard's client duly trotted along there 2 days later, paid for 50% of the second PCN, £200 for the uplift to the pound and £80 for 2 night's storage (his client not finding his vehicle missing until the Monday - can you find something is missing? surely you don't find it). The first PCN was given to the van owner to made an informal challenge if he so wished, you only have to pay the PCN which caused the uplift to get your vehicle back, a council cannot force you to pay other unpaid PCN you might happen to have.

Mr Mustard made the formal representations on the basis of illegality. It took 49 days for Haringey to respond (they would have automatically lost if another week had passed without response) and they sent a lovely letter.

Separately they rejected the informal challenge made to the earlier PCN but Mr Mustard hadn't made any, he merely mentioned it in passing when challenging the second PCN. That should lead in the end to the first PCN being cancelled for procedural impropriety, as a council cannot reject a challenge you did not make. Mr Mustard is a big fan of Haringey Council parking department who have managed to cross his path only 3 times this year with the score being Mr Mustard 3 Haringey 0.

Compensation?

Some of you may think that compensation should be paid as the council issued the second PCN when it was beyond their powers to do so and impounded the van when equally not entitled to do so for the reason they relied on (but were for the first PCN). Sadly their is no legal mechanism, aside a small claim in the County Court, to obtain compensation. Enforcement authorities do not voluntarily pay out, even if requested to, which all goes to show that it is all about the money. It would stick in their craw a bit given that the parking wasn't of the highest order in this case.

General advice

Mr Mustard's general advice is that having paid out to get your car back after it has been towed you will only ever get your money back if, within 28 days, starting with the day you get your car back as day 1, you make representations to an enforcement authority (the council, TfL, City of London etc). Usually, as they have your money, representations will be rejected within the 56 days allowed and then you can make an Appeal to the Independent Adjudicator in the next 28 days and have a hearing about 28 days after that. You may be out of your money for 5 months (or never see it again if you lose at the tribunal Appeal but at least you don't have to pay any more out) so get a move on.

Please, always made representations and then always go to Appeal (unless there really are no possible grounds for a refund) as it may help authorities to be a little less hasty to remove vehicles. If you do nothign within the first 28 days your money is lost forever even if, as in this case, you were not liable for the penalty.

Please also leave a little more more at junctions for safety's sake.

Yours frugally

Mr Mustard