Continuous contravention - Croydon Council

Looking back Mr Mustard sees that he has written about continuous contraventions, ones that subsist for a number of days, and has mentioned Bromley & North Essex Parking Partnership in November 21, Merton in August 21, Edinburgh in July 21 and Brent in June 21. He also has copies of tribunal decisions against Hillingdon, Haringey, Barnet and Lambeth. Mr Mustard is currently fighting a PCN in Wandsworth on the basis that the council can't have 3 PCNs for a double yellow line contravention (the driver was ill) over 4 days, the first PCN having been paid at 50% and the second one supposedly cancelled by the council but still shows as due on line.

One would think by now that the rule of law had got through the skull of the slowest parking employee but no, here we go again, Croydon this time. Two wheels were on the edge of the pavement, where they didn't even need to be and the lesson has been learnt.

Mr Mustard suggested the wording of formal representations which was that there was indeed a contravention, the first PCN had been paid and the second and third should be cancelled.

The PCNs had been issued as follows:

day 1 at noon

day 2 at 11am

day 4 at 11am

Croydon cancelled the day 2 PCN as being issued less than 24 hours since the first PCN but wanted the day 4 PCN paid. Off Mr Mustard went to the tribunal on the grounds of continuous contravention. Once he had the evidence pack he produced, as usual, a skeleton argument which boils the whole case down to the main points the adjudicator needs to consider, which in this case was only the one. Filing skeleton arguments helps the tribunal to run more efficiently.

If the adjudicator's daily diary permits they read the papers before Mr Mustard gets into the hearing room and that happened in this case such that the Adjudicator on reaching this case simply said it was allowed. A brief decision was all that was required.

So we must ask ourselves, Mr Mustard knew the law and the adjudicator knew the law. Why didn't Croydon Council? Would it be because most people don't know the law so they can get away with daylight robbery most of the time?

End.