The above is one of Mr Mustard's successes, he found an error in the moving traffic PCN late in 2018 and it has been tested out at the tribunal 18 times so far with only two adjudicators refusing to follow the first decision and they didn't have Mr Mustard in front of them with his list of previously allowed decisions. That is fair enough, adjudicator decisions do not set precedents but may be persuasive. Now that the chief adjudicator has agreed with the argument Mr Mustard suspects that all adjudicators will in future make the same decision to allow Appeals and they are entitled to not follow their own previous refusals.
Mr Mustard is pleased that the adjudicator has picked up the recent woeful state of case summaries, this is what the tribunal manual says a Case Summary should contain, and one would expect headings for each section to make things easy.
What will happen if Barnet Council keep submitting case summaries that are unacceptable is that they will probably not be read by the Adjudicator and the council will be at greater risk of losing the Appeal. The Case Summary is also sent to the motorist concerned, they are going to be unable to fathom out what the council's argument is and that is clearly unfair - every person is entitled to a fair trial (a tribunal hearing counts as a simplified form of a trial) and the Appeal can be allowed under the Human Rights Act if the council's behaviour falls so far short of what is acceptable.
This is a good time to challenge your moving traffic PCN if it contains the complained of wording
Yours frugally
Mr Mustard
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