Photos are secondary evidence

The invisible car (almost)

Motorists often think that if the council haven't managed to take photos of their car at the time that a PCN is issued then they will not have to pay the PCN due to the lack of evidence.

The council think that they can say the same thing every time 'the photos are secondary evidence and not essential'  and hope that will be enough to nudge you into paying.

This tribunal decision, 2180108307, shows that if the council can't produce adequate primary evidence (and are too lazy or stupid, or disrespectful to the tribunal, to produce their evidence) they can lose and the motorist gets their PCN cancelled.

The allegation is parking on a restricted street during prescribed hours. The Appellant says the contravention did not occur and asks for evidence of this from the authority.

The Penalty Charge Notice Civil Enforcement Officer’s notes states that a blue Volvo was observed from 11.52-11.53 and the notes state that all windows were checked, no notes were displayed, no loading seen, driver not seen, the Penalty Charge Notice was affixed to windscreen and photos taken (pt). I asked the authority for photos or an explanation as to why none were available and I have not received a response.
The onus is on the authority to satisfy me that the alleged contravention occurred. I accept that photos are secondary evidence. The other evidence provided satisfies me that the vehicle was parked on Alexandra Grove. The Penalty Charge Notice and Civil Enforcement Officer’s notes do not mention where on this street it was parked. The site report is not of any probative value in the absence of a contemporaneous note to show where it was parked. I cannot be satisfied that the alleged contravention occurred.

I allow the appeal.

The council in providing contradictory evidence in the case summary was just asking for trouble.

It takes 24 to 48 hours for the traffic warden's photos, if there are any, to be uploaded to the council website.

Yours frugally

Mr Mustard

Results of the Nick Walkley Poll - Unlikely to be asked for his autograph.

You will recall the recent blog post to see if the readers of this blog, politically aware the vast majority of them one would think, knew what the Chief Executive of Barnet Council "non-stick" Nick Walkley actually looked like. The answer is that most people didn't know.

For ease of reference here are the photos again.

1	2	3
4	5	6
7	8	9

So who are these people? Well photos 1,2 & 3 all came up in google images when a search was made for Andrew Travers. They aren't all called Andrew Travers and none of them are the £1,000 a day Andrew Travers that we know and don't love. Photos 1 & 3 had one vote each.

Photos 4,5 & 6 all came up after an image search for Nick Walkley. Number 4, definitely called Nick but surname unknown, only gained 1 vote. The toddler, received 7 votes, possibly from people who thought that a toddler would do a better job? The real Nick Walkley got 13 votes.

Photo 7 is Max Wide who led Barnet down the garden One Barnet path to outsourcing gold which is of course absolutely not to do with the fact that he works for BT who want to profit from outsourced work. Max had 5 votes to his name.

Photo 8 is Matthew Offord MP formerly a councillor at Barnet Council. Only 1 vote for Matthew.

Photo 9 is Mike Freer MP also formerly a councillor at Barnet Council.

So in summary only 37% of voters knew what the Chief Executive looked like and as many readers of this blog work for Barnet Council it is perhaps about time that he got himself out of the executive suite and wandered about Barnet's various offices and introduced himself to the staff and chatted to them about how their job could be done better ( no, naughty readers, not by outsourcing it ) . 

Isn't that what good managers do?

Yours frugally

Mr Mustard