East Barnet School - a zig zag problem

Of course you don't stop on school zig-zags, unless you have to.

This is a tale of an over zealous computer and an apparently under zealous contractor, NSL Ltd, as represented by an unknown employee (maybe).

You can see that what might happen here, especially at school drop off time is that parents may be perfectly properly dropping little Johnnie off after the zig-zags have ended and probably on both sides of the road. That narrows the carriageway way down to a single car width through which self evidently two cars cannot pass in opposite directions at the same time, ergo one of them has to give way and probably stop. If you are heading in the direction shown above then you have no choice but to stop on the zig-zags. No-one gets in or out of your car so surely you won't be sent a PCN, will you? Oh yes you will, by NSL Ltd on behalf of Barnet Council. Here is a photograph from one such event.

Mr Mustard's client was driving the teal coloured car (the Barnet Council corporate colour as it happens) and she could not proceed as the black car in front had stopped to let another car pass in the opposite direction. This was the first occasion on which she received a PCN, she got another one 5 days later when she was equally courteous to a driver coming the other way. The second PCN has been cancelled and the first should be very shortly as Mr Mustard has raised the problem with the parking manager.

The decision as to whether or not to issue PCN for cctv derived contraventions is undertaken, under contract (not yet seen) by NSL Ltd. Mr Mustard thinks that this breaches public policy interests as a private company, a profit motivated company, should not be undertaking public interest decisions. Mr Mustard has this argument in front of an adjudicator at the moment.

The council is required to have a belief that a contravention has occurred before deciding to issue a PCN. Mr Mustard has watched the cctv. It shows the reflection of a car in the side of the black car going through in the other direction and then later on when his client moves up another car also going through in the other direction. So it is clear that a contravention did not occur.

Therefore, either the computer decided to issue a PCN which means that the council itself did not hold a belief or the operator who watched the video isn't up to the job. Neither is a satisfactory situation.

Mr Mustard dealt with the same problem in Richmond Rd last year.  Clealry lessons learned were not applied to other locations.

Mr Mustard has asked for compensation for his client who has been wronged and who has been put to time & trouble and the worry of having to find £260 just after Xmas when budgets are tight. Luckily she is a client of Cafe Buzz who told her about Mr Mustard. She won't now be parting with a bean.

If this happened to you, do not pay, make representations & take the case to the tribunal if rejected.

Yours frugally

Mr Mustard

Lyonsdown School zig zags - be a courteous driver & get a PCN in the post!

Mr Mustard's client needed to drive along Richmond Rd, EN5. She was not collecting or dropping off children on the zig-zags. She came around the corner and could not proceed through the centre of the road because of oncoming traffic. She was there at least 10 seconds (the cctv finishes before she moves off - what a surprise) and where else can you stop your car except on the left hand side of the road where the keep clear (zig-zag) markings are?

Enforcement at this location is by automated camera. The selected cctv footage is then supposedly reviewed by a staff member to check it before a PCN is issued. Something tells Mr Mustard that the council (or NSL) aren't checking to see if you were stopped from proceeding by oncoming traffic. Mr Mustard will request a procedural change with the parking manager to try and prevent stupid PCN being issued i.e. a longer clip of footage needs to be reviewed. In the clip Mr Mustard has seen the driver's hand is still on the wheel and no-one gets in or out of the car. A challenge to that effect has been rejected by the council. Mr Mustard will see them at the tribunal.

Mr Mustard will in the meantime drive down this road during the operative hours, with his crash cam running, to test the system.

Yours frugally

Mr Mustard 

Update: 7 July 2016

The parking manager responded very quickly to Mr Mustard's missive.

Please see below (the innocent trap problem was explained by Mr Mustard) – it does look like this is a problem which could be easily fixed if the yellow lines were extended further up the road.

Do you know whether this issue has been raised previously as from the current layout of this section of road I suspect it happens on a regular basis.

Could you review and respond to Mr. Mustard please.

Another parking employee then said this

Paul, hi, I have looked at the evidence that we have supplied on this case and although there is not an additional vehicle seen, the driver was still within the vehicle and that there was no attempt for anyone to alight.

I have spoken to colleagues within this section and it was agreed that there are circumstances due to the road layout, that may cause this type of stopping to be a course of action for a driver. I have since requested that the CCTV footage be extended ( should be completed today) and have requested that Highways look at the current layout of the yellow lines to see if they could undertake to extend the DYL (on the opposite kerb) and install a SYL from the SKC* going east.

I have also requested that on this occasion that we close the case due to mitigation although this will not set a precedent for this area as each case will reviewed on a case by case basis.

Mr Mustard is pleased to see such a speedy and positive response. Credit where it is due.

*SKC = School Keep Clear markings.