Blue signs mean 'only' so in this case only buses and cycles may pass the sign. The words 'bus gate' on the road should help motorists to turn around and find another way to the hospital which you can see in the background.
Mr Mustard fell over the tribunal decision at random as he idles through the tribunal decisions most days.
Mr Mustard often struggles to convince the public that a council will, when faced with an obviously meritorious claim for kindness (use of discretion) reject it because the overwhelming need is to raise revenue. This is illegal but hard to prove.
Let us look at the decision above.
Firstly note the correct statement that if you fight a moving traffic PCN the discount does not have to be offered again if your challenge is rejected. The discount legally terminates at the end of day 14. There is a trend to not offer it again which is the opposite of what it has been for years. If you are in that situation the tribunal is a free throw of the dice.
Then note that contrary to what the PCN states there are no mitigating circumstances which Havering Council will cancel for. Thus, although you don't know it, every challenge is futile.
Ironically the only grounds they will accept were ones which only came out during the hearing, the driver was following an ambulance, one which contained her father in an emergency situation. If he ambulance driver tells you to follow them you don't choose the route the ambulance will take.
Adjudicators are human beings, unlike the heartless automatons who reject PCN challenges (not all of them but there are plenty as they aren't held to account) and find a way for justice to be dispensed. No need to bend the law to fit in this case Lord Bridge of Harwich had set the scene in the House of Lords decision quoted.
Councils are obliged to have 'due regard' to the Statutory Guidance of the Secretary of State, the relevant part of which follows:
That was another basis on which the Appeal could have been allowed albeit less authoritatively.
In summary, Havering Council are not acting fairly, not proportionate, not sensible nor reasonable and only become so once put on the spot which is at most 1% of the time for challenged PCNs = hardly ever.
Havering Council probably aren't the biggest fans of Mr Mustard given his record against them at the tribunal.
The score is 17-0 to Mr Mustard! (+ 5 other cases where they threw in the towel). Why don't you take your PCN fight to the tribunal against this Council?
The end.
