Blind to the facts

It is usually a good idea to stay off the pavement, especially a nice newly laid one, even if you know the council don't enforce at this location. The PCN in this case, was for partially dropping the driveway entrance, being 'adjacent to a footway lowered to meet the level of the carriageway' in parking legal speak. The thing is, the driver had permission to be there so should not have been given a PCN.

This is the informal challenge (the first challenge of a possible three, the one made in response to a PCN placed on the car) which was sent in to Barnet Council.

Amazing how the council, via their agents NSL, can send back a response which deals with points not made and omits the ones which were made.

What does Mr Mustard have to say about this response?

• They haven't carefully considered anything.
• Here is the relevant part of the 2003 Act which the council rely on:

• The council have ignored the request for proof that enforcement was requested by the householder - as they don't have it?
• The Act does not include any (as in all) dropped footways, only certain ones.
• Rule 243 does not say what the council says it does, it is specific to wheelchairs and mobility scooters. Rule 243 is also only guidance not the law.
• The motorist did not say they 'were unaware parking in this manner was not permitted' - someone is too fond of cut-and-paste.
• There is no tactile paving at the location - an error of fact renders unsafe the decision to reject the informal challenge.
• The dropped kerb is for vehicular access, not a safe crossing point, as this is what is opposite the driveway

It is the council (NSL?) who are blind to logic, reason and the facts. Anyone would think they rejected informal challenges in the hope that the innocent motorist will give in and pay up as many do but not if Mr Mustard is fighting your corner you won't.

Yours frugally

Mr Mustard

In their first contact with Mr Mustard the motorist said they were going to pay the PCN, they had a conspiracy theory that the council was after them, not so, they are after everyone equally as their budget hole is enormous.

Having done one of his periodical PCN checks Mr Mustard has found that this one has now been cancelled. A wise move Barnet Council.