28 November 2021

PCNs - exercise of discretion - #16 Havering

Mr Mustard doesn't run into Havering Council very often but is pleased to see they have thought about discretion, written a long policy and published it.

Discretion Policy for the E... by MisterMustard

You have to jump to page 43 for the policies on discretion as what comes before are reasons why a contravention has not occurred.

Havering are more generous in discretion policy MC3 than many other councils in London (and an Adjudicator would probably find against you).

Policy MC12 isn't fair and reasonable. You park and the car behind you bumps you forward partly into the next space. No incontrovertible evidence is available (you don't photograph your car every time you leave it although Mr Musatrd does if the bay has no sign).

MC15/16 & 17 are all examples of the fettering of discretion as Havering will never cancel, that cannot be within the sprit of exercising discretion.

MC27 - Mr Mustard is bemused. The motorist is in jail and the PCN process will just plough on? How is the motorist to visit site to take photographs of something that is wrong with signs or lines.

MC32 is wrong. If you are dropping your 5 year old at school and the nearest you can reasonably park is a double yellow line 400m away then you can leave your car to walk with your child to school, it would be gross neglect to send them on their own.

MC44 is a good thought. Havering Council meaning is if you are following an ambulance to the hospital as it has a member of your family inside, not that you are closely following the ambulance whose blue lights are parting the traffic for you! (don't do that).

On a separate note, pages 89-91 about accepting instalments are interesting. Mr Mustard doesn't think they are entirely fair but this may be an enquiry he makes of every other London Borough one day.

The end.


PCNs - exercise of discretion - #15 Harrow

Harrow Council - they have no policy on exercising discretion. That fits with the behaviour Mr Mustard has seen from Harrow Council - one of the most horrible unforgiving heartless councils in London, in parking, Mr Mustard can't speak about other departments, who may well be lovely


The end.

PCNs - exercise of discretion - #14 Haringey

It was back on 6 October that Mr Mustard asked Harinegy for a copy of their policy.

Mr Mustard thinks that the very near future may have already passed but he hasn't been made aware of any new policy, he did ask to be told an expected date of publication and will now have to nudge Haringey.



PCNs - exercise of discretion - #13 Hammersmith & Fulham

This list is supposed to be of policies setting out when discretion may be applied.

It isn't, it is a list of when contraventions have not occurred, a list of exemptions.

Not only is it the wrong list, it is wrong and incomplete.

For contravention code c02 the section in parentheses (driver not permitted to leave vehicle) ignores the well known and decade old High Court case of Makda -  the same exemption would apply to code c01.


A competent enforcement authority i.e. the London Borough of Hammersmith & Fulham, should know of all parking related High Court decisions and they are generally to be found in the key cases section of the London Tribunals website.







The end.

PCNs - exercise of discretion - #12 Hackney

Hackney didn't do very well in their response, the link they sent does not work


Mr Mustard then worked out for himself, from an FOI response to another member of the public a year ago, where the policies were to be found, on page 76 of the Parking and Enforcement Plan which you can find here.

The policies themselves are not numerous:

The examples of mitigating circumstances are no such thing. They are examples of when a contravention did not occur.

The penultimate paragraph seems to say that the council's policy is not to exercise discretion.

The end.


PCNs - exercise of discretion - #11 Greenwich

As well as their policy on discretion Greenwich kindly supplied other information. Greenwich seem to operate a forgiveness policy for the first common error of its type.

25 November 2021

PCNs - exercise of discretion - #2 Barnet

 

Thank you to the officer who sent this to Mr Mustard at 9.51 pm on the long stop day for responding. Surely a response could have been sent on day one or two. Allegedly, there is a policy, just that it would be dynamite in the hands of Mr Mustard and the public at large (except it would make very little difference as Mr Mustard rarely asks for discretion to be applied but hey ho and if he asks a manager directly, discretion is usually applied as the circumstances will have been pretty awful).

Hands up who thinks that Barnet Council are engaged in 'law enforcement'. The issue of parking tickets (PCNs) is a decriminalised regime. The definition does include some regulatory functions, such as the collection of taxes, but doesn't appear to Mr Mustard, at first blush, to include the processing of PCNs.

Now Mr Mustard is a bit concerned that he is only on post #2 out of 33. This will be a pretty dull series if you don't get to see a single policy document. Rest assured you will although even Mr Mustard doesn't yet know which post that will be as he is only looking at the detail of each authority as he reaches their place in the alphabet.

End.

 

The results of the Review have arrived and here they are


(it is possible that it was Mr Mustard to whom the policy was previously received but he can't rememebr everything he has done in the last decade on parking and the comments below suggest it was AS.N.Other).

This is rather embarassing for the council, did they only refuse to answer because Mr Mustard is a blogger. He is trying to find out as requests are meant to be applicant blind.

Barnet PCN Cancellation Policy September 20 by MisterMustard on Scribd

The end, no. 2.