Careful consideration? - not apparent.
The paragraph starting 'A PCN was issued' - is irrelevant.
The first six lines of the next paragraph are also irrelevant.
The bold type or emphasis would not be necessary if the irrelevant material wasn't there. This is just lazy cut and paste.
The argument put forward was not 'mitigation' but a head on challenge to the lawfulness of any PCN after the first one.
An 'appropriate response' has not been sent as the question of 'continuous contravention' has not been mentioned or possibly even thought about.
If Brent Council send the same non-reply at the next stage, the Notices to Owner, against which identical challenges will be made, it will be off to the tribunal which has previously considered this argument presented by Mr Mustard and agreed with him and here is one such decision (not a precedent but likely to be persuasive)
Yours frugally
Mr Mustard
The law or this adjudicator really is an ass on this. The judgment is such that if I leave my car for 3 days on single yellows and get three PCNs there is no continuous contravention, so all the PCNs are correctly issued, but if on double-yellows only a single PCN applies and PCNs 2 & 3 must be cancelled !
ReplyDeleteOnly at the informal rejection stage.
ReplyDeleteBrent get another go to get it right but how many motorists would know and if they don't would pay on the assumption the local authority must know the law.
So people can leave a car on a double yellow line (say, outside a train station) when they go on holiday for two weeks and only pay one PCN? Sounds like cheap parking to me.
ReplyDeleteNot cheap if you get towed to the pound with a £40 a night storage charge. May be lower than airport parking though? Not worth all the hassle.
ReplyDelete