Dropped kerb - woeful rejection

A lovely dropped kerb serving just the one property (you can't park across a shared one)

One of the residents of this property received a PCN for being parked adjacent to a verge lowered to meet the carriageway. She was upset by it and accordingly she wrote to the council pointing out the lack of PCNs despite 30 years of parking this way and that she was the resident and did not request any enforcement. She expected there would be a rapid cancellation. No such luck. Here was the response she received.

Rule 243 of the Highway Code isn't a statement of the law, just some not very exact guidance. What the council forgot to say was that the 2003 Act which they quoted has a caveat, that an occupier of the premises must request enforcement, which had not been requested. The CEO (traffic warden) had gone native. (A white line across the drop means nothing legally, it is just a hint there is a dropped kerb. A double yellow means you can't park across your own drive & a single yellow that you can't park on the line when it is in operation which may be the cpz hours if you live within one - be careful).

Luckily at this juncture a friend suggested she contact Mr Mustard and once the Notice to owner was received it was Mr Mustard who made the formal representations. They were the same as the lady in question had made some weeks previously. This time the response was exactly opposite to the previous one, a no had magically become yes.

The lady in question correctly pointed out to Mr Mustard how she could have been out of pocket in this case, if she had believed what the council said first of all.

You are right - they have cancelled the parking ticket.

I cannot thank you enough.

The fact I said all the same in my original response except I did not know the specific Act and legislation yet they declined my appeal makes me really mad.

If I hadn’t been recommended to you - I would have ended up paying £110 or more if it went to court I am outraged and relieved at the same time.

Thank you so so much.

I am going to make a donation to North London Hospice today as agreed for my appreciation for all your help.

Mr Mustard has noticed a fall in the quality standard of written correspondence this year and a complete lack of understanding of parking law. This seems to have happened at the same time as NSL moved the back office work, undertaken under contract for Barnet Council, to their office in Dingwall, presumably because the staff are cheaper up there. Cheaper isn't better.

If you think the council are wrong, research on the Internet, and if you are sure of your ground, fight them to the end. Barnet Council write a lot of words which are utter nonsense.

Yours frugally

Mr Mustard