The PCN offside rule is a lot easier to explain than in football circles

 

Mr L, the subject of the previous blog, also received a PCN when his car was parked here. This was from Redbridge Council in Kenneth More Road. It was an allegation of being parked in a suspended bay. The car was parked by Mrs L but as the car is registered to Mr L he is the liable party.

Mrs L made an informal challenge as the driver, which is perfectly normal, and was rejected, also very common.

Mr Mustard studied the layout and was 99% certain he could beat the PCN as the view of the driver was thus:

In front of the driver is a standard sign with absolutely no indication that parking is suspended. A driver does not have to be clairvoyant, they are entitled to 100% clear signage, a suspension sign should have been mounted on that pole.

Mr Mustard made the formal representations. He was unhappy with some of the content on the Redbridge Council website.

That statement above is untrue. A council may disregard (ignore) late representations but statutory guidance of the Secretary of State says late representations should be considered when there is a good reason e.g. you were in hospital for a month so missed the deadline. The word 'cannot' fetters the council's discretion. The council don't mention that if you don't see certain documents, perhaps lost in the post, that there is a procedure to get you back into due process. Scummy behaviour.

A council should never tell you 'Do not challenge' especially with such misleading guidance:

Reasons why Redbridge Council are feeding rubbish to the public:

1     Leaving your vehicle to drop your child at nursery or school, to deliver or collect a parcel, or stop to help someone who has fallen over are all exemptions from the traffic order.

2     The law allows a 10 minute leeway after a period of paid for parking before which you can be given a PCN (as arranged by the Rt Hon Eric Pickles MP).

3     It is not illegal to drop off or pick up your kids, a teacher or a parcel.

4     Perhaps they were unclear or wrong.

It is clear that Redbridge Council cannot be trusted.

Mr Mustard PCN wrote the formal representations, the acknowledgment of them contained more innacurate nonsense:

The PCN was already 70 or so days old.

The representation was short and simple:

As your own photos show there was no suspension sign adjacent to the sign saying the bay is for blue badge holders and therefore no reason not to park. Communication of the suspension was inadequate.

Unlike the informal challenge the formal representations were accepted. The council know that if they reject the formal representation they may be met with a tribunal Appeal which will cost them c. £32 and which they are highly likely to lose. That is why you can be rejected at the informal stage and accepted at the formal one with the identical argument.

Nothing had changed. There were always sufficient grounds to cancel. 

Councils, don't trust them. Fight to the end.