Transfer deadline - 6 months is not less than 6 months

 

This is the hire agreement which relates to this decision, in which Haringey Council extracted £160 from Islington Council. Evidence packs for such a case can be requested under Freedom of Information regulations (or possible environmental regulations which are similar). Mr Mustard often asks to see the paperwork when it comes to one council fighting another as he likes to see how proficient the council are who received the PCN. Councils should ask their own parking departments for help but it seems they don't.

When Mr Mustard studied the evidence pack he found a blunder. The law allows for a transfer of liability from a hire company to the hirer under certain circumstances of which two are that the hire agreement is for less than 6 months

 and that the hirer signs to say that liability for a PCN can be transferred.

The above agreement isn't signed and someone might have signed it on behalf of Islington Council and their signature has been redacted with an eraser function that leaves no trace but given that the Reg. No. has been redacted with a black block it seems unlikely the signature will have been erased by a different manner. 

Leaving that aside the hire agreement is for 6 months exactly. That is not a period which is less than 6 months and thus Haringey Council were wrong to accept the On hire agreement as sufficient to agree to a transfer of liability as they did.

Had Mr Mustard, or any other seasoned expert, represented Islington Council at the hearing he would have pointed the error out in their skeleton argument and expected to win the day.

It isn't just Haringey who are sloppy in this regard, most councils are, they accept bald assertions about long term hires (to which different rules apply, an effective change of keeper) without seeing adequate backup.

The end.

Internecine PCN warfare

 

Some motorists have a pessimistic attitude, that councils and TfL have it in for them. They shouldn't feel individually persecuted, councils have it in for everyone, including other local authorities (and possibly their contractors). Every motorist is a possible rich revenue source.

Here is a tribunal case in which Islington Council try to avoid giving Haringey Council £160 and fail.

 

 

An adjudicator decides the case based upon the evidence put in front of them. The argument put forward was 

Had there been an official diversion in place one would expect there to be diversion signs. The cctv at this location is within Frobisher Road so looks at the backs of the signs (they can be proven by library images). If Islington Council had proof of signage diverting them into Frobisher Road that would have been an exemption to the pedestrian and cycle zone. However, Frobisher Road is part of the 'Haringey ladder' and I would therefore expect any diversion to have been through a different 'rung' one without a school within it. it is easy to lose a case by not proving it. If the explanation was true it was not adequately evidenced.

Islington Council lost £160 (unless they make the employee pay) and Haringey Council lost a c.£30 tribunal fee. Both sides lost bundles of time.

The alternative is that councils let each other off but that isn't satisfactory either, as council employees piously tell us we should look out for signs, so what is sauce for the goose....

The end. 

A sore thumb in Haringey

 

Mr Mustard seems to recall having fought and lost a tribunal case at this location for a lady collecting an ebay purchase but if you do drive through the middle, even at night as in that case, it isn't a natural route so a driver really should stop and think.

Remember Mr Mustard's mantra: Planter = Penalty.

Mr Mustard has been sent some stats for PCNs issued at this location.

Mr Mustard is told that there was a diversion in place which forced you through the restriction. Haringey Council should have known that and turned off the camera. Their software really should also flag a sudden increase in the numbers of alleged contraventions as there is usually a reason and it saves everyone a lot of work. This is the trouble with excessive automation.

This is what Haringey say about refunds. 

This isn't likely to be 100% true. In order to issue a PCN at this location the council asks DVLA for the name and address of the registered keeper, issues the PCN to that address and then receives payment, mostly by credit or debit card. There is only at most a 5% chance that that the motorist will have moved so at least nine out of ten of these people will not be easily traced.

Haringey Council need to try a bit harder. If you live in Haringey please tell your friends about this location

The end.

 

Haringey has 194 PCN issuing traffic cameras

This blog came about because there was a location at which solo motorcycles were the only motor vehicles allowed. Mr Mustard was curious as to how many such locations existed in Haringey and the answer turned out to be that it was the only one. Mr Mustard thought he might as well find out how many locations existed at which a PCN could be issued so he asked.

Here they are:

So that is 194 ways in which you could go wrong and to try and help you reduce the number of PCNs you receive Mr Mustard gives you some hints:

 

Yellow box junctions. Stop at the entry and check there is room to exit without a wheel being on top of the box (a bumper overhand should not lead to a PCN even though legally no part of you car should be over the box). Stop even before turning right as if you enter with the exit road completely blocked you will be likely to receive a PCN.

No entry: how could you miss these signs?

Opposite those signs are there part time ones to make this cul-de-sac safer for kids at school opening and closing times:

The 'flying motorbike' sign didn't use to be very well known but given the number of PCNs which have been issued for breaching this sign, which means no motor vehicles should pass it, Mr Mustard hopes that it is becoming better known.

 

When schools are closed some signs may be folded away. This is to let traffic through outside term term but it doesn't reinforce the message that tomorrow the sign may be operative. You really do need to drive along looking for changes.

 

The camera in this case also catches people who drive out of this side road. No-one should be doing that as it is one way all the way and well signed with blue arrows.

You have to be fairly dozy to go left at Bounds Green tube station which is very well signed (you have already driven over a go straight on arrow on the ground in the left hand lane). Whilst these lights are green pedestrians are crossing on a green signal for them in the side road.

This is another location at which you have to be pretty inept to miss all 3 signs.

These weight limit signs are very badly placed (and recent). They should be positioned at the mouth (near enough) of the junction. Once you have started turning your 40ft articulated lorry into this side road you will have a hell of a battle to reverse out. If you are delivering a skip to a local household you have a defence that you are exempt from the limit, as your need is for access. Such a PCN will be and usually is rapidly cancelled by Haringey Council is your paperwork is adequate proof.

If there are no times or days the restriction is all times on all days. If planters are in the road that is the time to stop and think, you shouldn't pass a planter without checking what is what.

Heavy goods vehicles such as skip lorries and delivery vans can't turn around in the narrow road so are allowed through. The apostrophe is an aberration. The supplementary plate is non-standard and doesn't appear to have been authorised by the Secretary of State.

Please stay out of trouble or stop driving if it is all too much for you.

The end.