Desperate for cash - Barnet Council

The owner of the vehicle (a small amount of which is overhanging the yellow box junction) was somewhat surprised to receive a PCN in the post for the alleged contravention of 'Entering and stopping in a box junction when prohibited'.

A heinous crime obviously (not).

What could he have done or what should you do if you encounter this situation?

1    Move forward as the gap to the car in front is huge.

2    Go up the inside lane

3    Turn right (as is an exemption).

Mr Mustard has made representations that any contravention is 'de minimis non curat lex' i.e. a Court (or tribunal) does not concern itself with trifles.

Looked at from above this is a box which is far longer than it needs to be and the mouth of the junction does not need to be that wide as there is a weight limit on the side road so does not need to accommodate huge trucks which means that a narrower entry would slow traffic down and make crossing for pedestrians (Sainsburys are on the corner) much safer.

The change of political control on 5 May 2022 has not softened the ruthless, relentless and venal issuing of Penalty Charge Notices.

The end.

An apology of an apology

You'll remember the above cctv from the previous blog post. The car to watch is the one turning right into Avenue Road. Mr Mustard set you a little challenge as to whether or not it was a contravention and told you that Barnet Council thought it was and had sent a PCN in the post demanding £130. So far, 43 people have voted and 38 correctly say that it isn't a contravention and 5 say it is. So 5 motorists would have paid Barnet Council £65 each which they would not have ever seen again.

Here are the relevant rules from the TSRGD 2016:

Thus, the grey car turning right can enter the box, as his exit, the road to the right, is clear and he is prevented by completing the turn by oncoming vehicle(s).

Mr Mustard made both the formal representations in the name of the registered keeper (the driver if different cannot make them), they were short 'I have done nothing wrong' and also submitted a complaint, viz:

I have repeatedly been assured that an operative watches the cctv clip before taking the decision to issue a PCN.

I don't think it can have been the case for this PCN as no contravention has occurred, so that is the complaint.

If, in the alternative, operator 5** (recently employed I think) did watch the cctv clip and decide a contravention had occurred then I don't think they know what they are doing, is my alternative complaint.

The turning is not that busy, most of the people who will be caught are residents of the road, as in this case. I can't see they will cause traffic mayhem at this spot as Sainsbury shoppers are most of the turning traffic. I think you could turn off the contravention spotting for the right turn, all the others PCN at this location that I have seen are for people southbound on the High Rd which is really the intention of the box, to create a break for traffic to exit into Ravensdale Avenue.

If the PCN is unlawful it again raises the question as to whether an apology & cancellation alone is sufficient remedy and as you know I don't think it is.

Best regards

Mr Mustard

It only took 3 days for the complaint to do its work.

Here is what the council have sent in the way of an apology & explanation.

Interesting. Mr Mustard's first email on the subject was on 31 July not 29 July which was the date of the blog (Mr Mustard is pleased to see that Barnet Council read it). Error 1. Oops, Mr Mustard made an error. He really is very sorry. He hadn't appreciated, or remembered, that the motorist had made his own complaint about the PCN on the day of receipt. He has no excuse. He is pleased to confirm that there are not 11 errors in the council's letter, only 10, so that's all right then.

They have cancelled the 'Notice to Owner'. That is quite a trick as in moving traffic cases there isn't a Notice to Owner, only a postal PCN. Error 2.

Of course the decision sets a precedent as they agree that driving like this is not a contravention (almost what they say but read on) and so as this motorist is going to turn into his road like this at least 5 times a week he is going to continue to drive into the box and await oncoming traffic to clear rather than trying to bulldoze through it. Isn't safety the prime consideration, or is it revenue raising? Error 3.

It is not the motorist's responsibility, when turning right, to ensure the vehicle can travel freely through the box junction. It is his responsibility to follow the law which allows for entry, and stopping, when turning right and prevented by other stationary vehicles or oncoming traffic. Error 4.

It is not prohibited to enter the box junction and 'become stationary' (stop!) if you are turning right and.... Error 5.

Stopping in a box junction is not always a contravention. If you are turning right etc etc. Error 6.

It is not an 'exemption' to the box if you are turning right. It isn't, by definition, a contravention. See how the council think in this sentence. They start from the premise of wrongdoing, the public are always guilty as charged. Error 7.

There are no 'oncomming' vehicles, there were some 'oncoming' ones. Error 8.

Of course the officer (whose number Mr Mustard has rather generously partially redacted) needs additional training. He/she hasn't the foggiest what he/she is doing in respect of box junctions. Does he/she even drive and have any sympathy for the plight of the motorist watched by big brother on telescreens? This motorist was simply trying to get home fully in accordance with the rules of the road. Error 9.

One cannot 'assertain' anything. There is certainly an 'ass' involved but if you can't spell 'ascertain' then perhaps you should say 'find out'. Error 10.

Finally an apology 'on this occassion' for 'any inconvenience' as if there might not be any inconvenience on this 'occasion'. If a PCN isn't an inconvenience when it isn't legally issued, what is? Error 11.

"An apology without feeling is just a collection of words.", © Mr Mustard, 2017.

There is a symptomatic sickness at the heart of many local authority traffic enforcement departments (often jokingly called 'services') who think it acceptable to make illegal demands for money and then send out half baked, inaccurate, insincere, spelling error strewn letters and make no offer of amends for the time, stress and inconvenience of their illegal actions. Sadly there is no body with power and the teeth (the LGO would probably regard the cancellation and pseudo-apology as adequate recompense for this maladministration) to keep councils in line. It is only the bad publicity that councils fear & hate and so this blog will go on highlighting their misdemeanours to try and make them learn from their errors.

It is very difficult to get the money back once a PCN has been paid but if you have been wrongly caught turning into Avenue Road, N12 and you paid the PCN do please let Mr Mustard know, by email to mrmustard@zoho.com

The underlying problem here, as the parking manager is a good egg (Mr Mustard never writes about him, oops!) is that when he took over he was already lumbered with outsourced suppliers like NSL who are obliged to keep staff wages low in order to meet the financial imperatives of the contract. It is NSL who initially review the cctv to check if a contravention has occurred. It doesn't necessarily follow that the more expensive the employee the better the literacy level, tales of bin men with degrees are the stuff of legend, but it usually follows and he can't do everything. Clearly this response was delegated, sadly to the wrong person (and whether to a council or NSL employee Mr Mustard does not know).

Councillors, you are responsible for the decision to outsource. That makes this sort of situation more likely. You have ceded control, that was your mistake.

Yours frugally

Mr Mustard

Seven to One

OK, this is 15 but you get the idea

It is the norm for new Appeals to be listed at the tribunal 4 weeks after you submit the Notice of Appeal form. For administrative convenience all of Mr Mustard's cases are listed together so that they can be disposed of with the minimum amount of the tribunal's, and Mr Mustard's time, being taken. It is Mr Mustard's duty, as a professional lay representative (an oxymoron) to assist the tribunal to come to the just decision. Of course, both sides will stress the positive parts of their case and play down the negative aspects but the adjudicator knows and levels up the playing field. If the enforcement authority do not appear he tests arguments they would have made.

Four weeks ago Mr Mustard submitted 7 new Appeals all together in a batch, 2 for TfL and 5 for Barnet Council. A week before if he hasn't received an evidence bundle Mr Mustard goes looking for it and checks the balance on the council computer to see if it has gone to zero. Usually one or two cases get discontinued by enforcement authorities who are either too busy to prepare their case or recognise that it is hopeless, although if that is the reason they should have thrown in the towel at an earlier stage rather than incur a £30 tribunal fee.

Although Mr Mustard had two evidence packs to hand, he ended up with only one live hearing (and a Review, i.e. a second go at the cherry which Mr Mustard had asked for so was always going to go ahead, although he did not get granted a Review in the end, but that is a story for another day).

So here are Mr Mustard's thoughts on the 7 cases.

PCN1

Barnet Council had forgotten to re-offer the 50% discount in response to a challenge made to the PCN on day 14. That was a nailed on win so the council sensibly cancelled the PCN. Just so you know, if a PCN is issued on 10 June, day 14 is 23 June i.e. add 13 not 14 as the day of issue is day 1.

PCN2

The motorist had driven away the instant he saw the traffic warden and had been sent a PCN in the post. It was fairly certain that the traffic warden would have been held to have only observed and not to have started preparing a PCN. The council cancelled.

PCN3

The motorist had paid but not displayed. The alleged contravention was that he had failed to pay. That was an arguable point but the council decided to cancel.

PCN4

TfL issued a PCN which had a poor description of the location where the PCN was issued. If you do not get the PCN and have to rely on a document which comes in the post then the PCN falls at the first hurdle for lack of clarity. TfL sensibly cancelled when the Appeal was logged. They often do. They have of course tried it on earlier by rejecting the identical representations.

PCN5

TfL had probably had the PCN back in the post undelivered, a fact which they didn't want aired in public, so they cancelled.

PCN6

In this case Barnet Council had made a blunder within their evidence pack, no wonder when they can run to 100 pages, and once that was pointed out to management they cancelled the PCN. Fair play to them.

PCN7

The only case to actually have a hearing. It concerned a motorist turning right out of Oak Grove into Cricklewood Lane. The analysis of the actual Regulations about when you can turn right into a box junction are interesting and Mr Mustard did not have his copy of them to hand so couldn't argue the point, he will have another go on another day:

The PCN was cancelled though because within the Notice of Rejection it does not (currently) say that the tribunal may allow more than 28 days to make your Appeal if there is a good reason (like being hospitalised perhaps) even though it does say that in the notes which come with the letter. Mr Mustard still recommends that you make your Appeal in good time and if you use the on line system it only takes 5 minutes. 

Within the 28 days either pay up or Appeal, do not do nothing as that costs you 50%

Yours frugally

Mr Mustard

Yellow Box Junctions - 50 years old this year

Some things have been around for longer than you think, box junctions since before the not young Mr Mustard passed his motorcycle test in the 1970's.

The above historic footage shows us perfectly how to approach a box junction and of course, back in 1957, there wasn't all that much traffic on the road.

Fast forward to today and the delightfully named Bob Christmas, a driving instructor, gives us some perfect demonstrations of how to drive and deal with yellow box junctions (he was in Boston, Lincolnshire at the time, traffic does get quite heavy in the part of town).

Just don't let yourself drift into the box whilst not really paying attention. Look ahead, think & act accordingly, you are meant to be driving which involves taking decisions.

Think of the leading edge of the box as a stop line. Just stop and wait for the box to clear. Do not worry about the people behind you as they won't pay the £130 penalty charge that you receive in the post. You will have to pay it. 

More often than not Mr Mustard will have to tell you to pay up and not fight. Best avoid that problem by stopping and making sure your exit is clear before proceeding.

Yours frugally

Mr Mustard

Yellow (box) Fever comes to Barnet

this is good advice

For many years yellow box junction rules have been enforced across London. Barnet was one of the few sane places where yellow box rules were not ruthlessly & mercenarily enforced and Barnet was none the worse for that as Mr Mustard can't remember his route being blocked at a yellow box junction since his business was started here in 1987.

not clear by the time you get there but clear now, at this very moment

The above sign is from outside the UK but perfectly encapsulates the way you have to drive if you wish to avoid a PCN for £130.

Starting from the beginning of May, and PCNs are working their way into Mr Mustard's email inbox, the following locations are being enforced by computerised cameras, cameras which are incredibly efficient (at least 99.9%) in spotting contraventions.

High St. Barnet has not been installed but Hendon Broadway has been, perhaps it is more profitable?

Mr Mustard has seen the bill for installing these cameras. It was £300,000 + vat because:

A.  That's how much Barnet Council care about road safety, or

B.  That's the sum worth investing in order to recover £millions in PCN income.

You decide which of the above two statements motivates our allegedly cash strapped council who can't afford to keep our libraries open but can afford to buy sneaky cameras to catch motorists who stop in a yellow box junction for a millisecond.

How do you avoid becoming a victim of the yellow box junction / money box junction. Those lovely (or possibly not) people at TfL have produced a video guide as to how to drive when approaching a yellow box junction. It bears absolutely no relation to how traffic flows in London, especially West Hampstead where the featured florist is located, and they have not put many vehicles in their demos so the video isn't related to real life in London

at 50s the car going north clearly enters the box before the exit is clear, oh dear, TfL! and at 1.13 / 1.14 when real traffic flow is featured, oops.

Sadly, TfL, who wouldn't engage on twitter, have made a mistake in their video & let the red van enter the yellow box at 39s (freeze the video there) when the exit is not clear by a van length. If the white car had catastrophically broken down and stopped at that point, the red van would have been in contravention and received a PCN from an automatic camera system which has no humanity.

If we all drove in this way, waiting for the entire box to be clear, only 2 or 3 cars would get across the yellow box in the green phase of the traffic lights and London would grind to a halt, thus defeating the traffic management purpose.

This though is how you should drive in London & Barnet if you want to be sure that you will not receive a PCN. What of course most people do is judge the traffic flow and estimate that the exit will be clear by the time they get there, that is wrong and then, if the traffic should stop before they anticipated, they will be punished by a £130 PCN. It is a rough world.

These PCN are hard to beat. Please drive the way that TfL suggest (but allow even more space than they do in their not quite correct video), jam Barnet up but avoid wasting your hard earned cash.

Currently Mr Mustard does have an escape route for yellow box junction PCN but he doesn't expect it to last, so please drive smarter and slower using the TfL method and note the areas currently monitored by all seeing cameras:

A5 Cricklewood Broadway southbound at Kara Way

Station Road, Edgware

West Hendon Broadway northbound at Cool Oak Lane.

High St, High Barnet, jct of St Albans Rd and jct with Wood St.

High Road, Finchley, near Sainsburys.

and more besides

You have been warned.

Yours frugally

Mr Mustard

Environment Committee - Tuesday 27 January 2015 at 7pm

On Tuesday the Environment Committee will vote on the new Resident Permit charges which are now based on emissions and this is what officers are proposing, for the "first" car (the first one you have to renew under the new arrangements. If you can organise your lowest emissions car to be renewed first that will save you money).

Your electric car permit won't now cost anything (although this is an oddity as it must take the same amount of energy to move you in an all electric car; it's just that the emissions are where the electricity was generated)

Here are some new permits which Mr Mustard predicts there won't be a stampede to purchase. The council really must get away from the idea that they can soak businesses in cost and move towards wondering how they can make the life of businesses easier at reasonable cost in order to attract more businesses to Barnet.

If you want a space for a removals van outside your house try talking to your neighbours to see if you can organise space for the van between yourselves rather than paying these excessive amounts to the council

Mr Mustard doesn't see why teachers should get special treatment over any other type of employee within the borough, you can also have your say soon. If teachers are to be allowed permits then so should every other type of employee within a CPZ.

The latest money spinner is finally arriving, issuing penalties for moving traffic contraventions, or in the case of yellow box junctions, not moving when you should be.

It was back on 1 May 2012 that most of the staff who responded to challenges to PCN were made redundant when their jobs were moved to Croydon. Now 12 roles are coming back to Barnet (hurrah) (and assuming councillors vote in favour which seems likely) and hopefully this increased local knowledge will lead to better decisions being made. 

Mr Mustard promises to put the new team through their paces.

Be warned though, that the council intend to make a packet out of the new contraventions. You will need to up your driving game. Computers will watch your every move and miss nothing.

Yours frugally

Mr Mustard

p.s. your second car will be a flat rate £70 and not based on emissions at all, so you might as well order that 3.5 litre monster.