8 February 2013

The Friday Joke by NSL "does not set a precedent"

Number plate redacted by Mr Mustard

Do you remember this photograph, which is the car of a friend of Mr Mustard supposedly parked on the pavement?

Is it a Ford Fiesta or an E-type Jaguar? who can say. 
Is it in Hendon or Childs Hill? again, who knows.

Acting on the advice of Mr Mustard the motorist asked if there were any better photographs. She did so using the on-line appeal form but did not actually say she was appealing. This was the response:

We have carefully considered what you had to say but we have decided not to cancel your Penalty Charge Notice.

Taking further advice from Mr Mustard an email was sent to barnet@nslservices.co.uk again asking for any extra photographs which might show the alleged offence, still without making an appeal. This time the answer was very different.

We have considered everything in your email including any evidence enclosed and are pleased to tell you that we have now cancelled the Notice, and that you should hear no more about this matter.

Nevertheless, we must emphasise that this decision was taken on procedural grounds and therefore does not set a precedent.
So she writes the first time and asks for photographs and gets told that the matter has been carefully considered.
She writes a second time in identical terms and the second time the matter was only considered, (not carefully like the first time?) and the parking ticket is cancelled on unspecified "procedural grounds". Joke 1 is that the procedural grounds are the balls-up by the traffic warden in taking unclear pictures.

Joke 2 is that having done nothing wrong the motorist is told that having their unjustified parking ticket cancelled does not set a precedent. Not for the motorist maybe but it wont be the last time that the traffic warden takes inadequate photos so no, it won't set a precedent. NSL will tell you that photographs are only secondary evidence which is true as they are not obligatory but they are persuasive. If there isn't any primary evidence, what proof is there?

If you are in receipt of a parking ticket after dusk visit the council website and look at the photos. If you cannot tell that is your car and the road you are in, appeal as soon as you have the parking ticket, appeal again after the Notice to Owner and then appeal a third time to PATAS. The chances are that you will get the ticket cancelled.

Yours frugally

Mr Mustard

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