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.

 

Working from home - close supervision required

 

The end.

Power mad councils

 

It really doesn't need saying that St. John Ambulance is a charity and performs a most useful service at charity and other mass market events. They are a common and comforting sight.

So if they have strayed into a bus lane in an ambulance (and the camera at this location is cynically & deliberately set to only capture the final 10m but craftily not show the end of the lane) just don't send them a PCN and if the computer does so just cancel it when challenged.

Luckily Waltham Forest Council lashed up their evidence which didn't surprise Mr Mustard who has beaten them at the tribunal 21 times out of 24.

They aren't the only miserable council in London. The following tribunal decision was about a Barnet Council PCN.

When an adjudicator says a council should not have fought an Appeal that is strong criticism.

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The judge is the judge (not you!)

 

This Appeal was about a lorry exceeding the Greater London 18 tonne weight limit without a permit. The penalty is £550 so is well worth fighting. The company in question has a lot of lorries and so Ivan has been retained to help fight the PCNs on a commercial basis.

That means that if there has been vexatious, frivolous or wholly unreasonable behaviour a costs application can be made as the company has incurred some. Mr Mustard no longer requests costs as his clients don't incur any, their outlay being a voluntary charity donation to the North London Hospice.

The main reason why Mr Mustard has brought this decision to your attention, another one that he read at random, is because of the final paragraph in which London Councils, the umbrella body for all the London boroughs, seem to have suggested that the adjudicator, a qualified lawyer, and a long serving adjudicator, will be told what to do by an Appellant's representative.

The main reason why Ivan wins about 97% of the time (a few % above Mr Mustard) is that he has an outstanding knowledge of parking and traffic law and puts huge time and effort into presenting his cases. The duty of a representative is not to be partisan but to assist the Adjudicator and the same goes for enforcement authorities. If therefore there are prior decisions both for and against your particular argument, if you present one you should present the other. They aren't precedents in any event although they may be legally persuasive. An adjudicator can decide two apparently identical cases in different ways.

Telling the Adjudicator what to decide is a stupid idea, you might be back in front of them next week and you want your borderline cases to go your way so best be polite and helpful at all times. Mr Mustard tries to be the same when he loses as when he wins.

What London Councils have shown here is a typical attitude of enforcement authorities that having issued a PCN, no matter how unjustified, it must be paid, they cannot possibly be wrong. Well, news for them, they can.

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Barnet Council - 5 minutes late, that will be £130

 

It is clear that whilst a technical contravention has occurred this is clearly a case in which discretion should have been applied and the PCN cancelled. This type of miserable, petty minded, mean, common sense free, money grubbing PCN just gets councils a bad name. It certainly doesn't bring the council closer to its residents. The resident did his best to comply and should not have been treated in this way. It is churlish in the extreme.

Motorists who are represented win a greater percentage of their tribunal Appeals. To get good free help start a thread here.

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No time to pay with Barking & Dagenham Council

 

Having just written about Barnet Council not allowing time to pay Mr Mustard had this case come to his attention.

This is the part time no right turn into LIDL which has made cheap food rather expensive for so many people.

You will note that the argument that you can't see properly to drive equates to a poke in the eye for oneself. Not seeing signs six times is also not a good look.

The council didn't have to fight all six PCNs, they could have let 4 or 5 go by the wayside and still got the message across that one should not turn right at this juncture.

The hands of the adjudicator are tied, the contraventions either occurred or they didn't. The nudge is as helpful a step as the adjudicator can take within their own powers. Whether the council will listen or not is to be seen but Mr Mustard doubts they will take much notice. If however the motorist has a blue badge their car should not be removed by the bailiff so they may struggle to recover these penalties.

Every LIDL doesn't help.

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A cruel world in Barnet

 

Don't blame the Adjudicator, their job is to apply the law. If this had been a parking PCN the adjudicator could have recommended that Barnet Council exercise discretion and cancel or not pursue the PCN. That power is not available to an adjudicator for moving traffic PCNs.

The exercise of discretion over their PCNs is the sole province of Barnet Council. Councillors are kept out of, or don't try and get involved in, the day to day process and this case sadly and perfectly demonstrates why they should be more involved. Don't leave the day to day decisions to 'officers' (staff or contractors) who may be blinded by the revenue raising imperative.

Perhaps Barnet Council are trying to get their £4,000 back from when they failed another autustic person.

Mr Mustard is sure that Barnet Council (and others) hate the regular kicking they get from Mr Mustard. When they stop being utterly mean and miserable he will have nothing bad to write about (and there have been a few occasions when he has written about kindness). Will that day ever arrive?

The end.