A costly bank statement

 

Mr Mustard had his attention drawn to this tribunal case by another expert. By both play with a straight bat with the tribunal as anything else would undermine your future credibility. Mr Mustard has accidentally said things which turned out not to be true and if that comes to light he puts his hand up during the hearing to admit he was wrong and to explain why or even in a later hearing with the same adjudicator. That is why his unsupported word as to facts can be accepted.

Not so in this case. One problem for the motorist is that if there were a league table of enforcement authorities and their diligence with PCNs Camden Council would generally be in the top 3.

The initial Appeal hearing did not go well for the motorist (often an Appeal is against an earlier Court decision but in PCN circles it is an Appeal against the council's refusal to cancel).

The payment was thought of as a user error. The story could have stopped there with £160 to be paid. The motorist decided to ask for a 'Review'. These are rarely granted as that is how the system is designed because one hearing is proportionate to the penalty at issue. That hearing went badly for the motorist.

A back pedalling motorist isn't a good look. It looks like a narrow escape to me. Camden Council however, had done a lot of work and although costs are, by law, rarely awarded, they had put a lot of work in and wanted a contribution. There therefore had to be yet another hearing and the motorist was still keen to be heard:

The motorist's behaviour was found to be 'wholly unreasonable' which is one of the legal tests, frivolous or vexatious being the others.

Trying to hoodwink an adjudicator is pretty stupid, they do hundreds of PCN Appeals. They also have to be legally qualified and have been so for 3 years before they are eligible to become and adjudicator, they have doubtless assessed lots of evidence during their careers and won't easily be fooled. Just tell the truth and pay your PCN if you are bang to rights.

The end.