12 July 2013

Trust me - I'm a traffic warden

More accurate methinks.
Here is an independent adjudicator's report brought to light by another parking ticket appeal expert who Mr Mustard has had the privilege of seeing in action at PATAS. Mr Mustard is talking of Albert Herbert, who is currently probably as popular in Islington as Mr Mustard is in Barnet, which is very popular with motorists and not all that popular with whoever at the council is trying to make a huge surplus on the Special Parking Account. Mr Mustard likes to keep his interest focused on Barnet (although he is appealing a parking ticket and a moving traffic violation in Haringey for an old friend) so if you do hit problems elsewhere in London do please contact Albert at albertherbert410@gmail.com and see if he can assist you. 

He is really rather good and mostly does this for fun although if he becomes too busy he might take up Mr Mustard's idea of a £25 no fix no fee arrangement (Mr Mustard is still working pro bono but has a full wine rack!). Albert will probably not refuse a beer with you after a PATAS hearing and it would be fair to pay for his tube journey.

Here is the report you were promised:

The Appellant attended in person. The Authority did not attend and it was not represented.

The Appellant accepted that the Penalty Charge Notice was attached to the vehicle but the CEO took it back. The CEO's notes supported this claim and he had even told the Appellant that one would be sent to him by post.

I cannot understand why the CEO would say this. The Authority had clearly understood this was not permitted and it pursued the matter on the basis of the roadside PCN. I find that the CEO's actions has given the Appellant a false but legitimate expectation that he would receive a postal PCN. This is not just a technical point because the Appellant would have been deprived of the option to pay at the reduced rate.

There had been a procedural impropriety and I am allowing the appeal.

Another technical point is that PCN served on car windscreens and those served by post have different wordings, as set out in the Schedule to The Civil Enforcement of Parking Contraventions (England) Regulations 2007.

Don't trust a traffic warden, based upon this case!

Yours frugally

Mr Mustard

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