19 July 2015

A voucher is not the same as a permit; NSL please note.

One of Mr Mustard's friends had a workman in. She gave the workman five Visitor Parking Vouchers to use from 6 to 10 July inclusive. On 7 July, Mr Mustard noticed a PCN on his van. It had been issued because the workman still had the visitor voucher for 6 July on display, an easy mistake to make when a workman is mentally planning the work for the day ahead.

Here is an extract of the PCN.

In the case of a code 19 PCN it is necessary for extra information to be provided in brackets as to the exact contravention alleged. That is because the legislation requires the traffic warden to state "the grounds" on which a contravention is believed to have occurred and not a list of possible contraventions. (emphasis added by Mr Mustard).

Clearly in this case the traffic warden thinks that an out of date permit was being displayed. There was not a resident permit, or any other type of permit, on display.

Mr Mustard sent a challenge to the council (NSL get them to look at first):

He was not displaying an out of date permit, as alleged, as he wasn't displaying a permit at all (as Mr Workman is not a Barnet resident and does not qualify for a permit).

It follows therefore that the contravention simply did not occur and you must therefore cancel the PCN.

Here is what Mr Mustard got back, quite quickly for once:

The council need to be more careful than they are.

The council accept there was an invalid (as in out of date "ood") voucher on display.

They then repeat Mr Mustard's challenge but fudge the wording by changing "permit" to "permit/voucher" which completely changes the meaning of the challenge. Permits and Vouchers are both defined in the Traffic Management Order which the council wrote.

A contravention did occur, but not the one they issued the PCN for, which has not been issued correctly and you can't be punished for the wrong contravention, no matter how much you might deserve a PCN for the correct contravention.

Could this sort of ineptitude be why Mr Mustard's PCN success rate against Barnet Council in 2015 is Won 82 Lost 2?

The problem is that Barnet Council and/or NSL can write complete rubbish to the average motorist and get away with it because most motorists don't know enough about parking law or fight PCN to the end often enough, many wrongly believe the council will be correct? and also because there isn't any sanction for misleading the motorist.

Yours frugally

Mr Mustard

Update: 20 July 2015.

Parking management stepped in at Mr Mustard's request, reviewed what NSL had decided upon, found they agreed with Mr Mustard and cancelled the PCN.

Mr Workman is donating to the hospice.

1 comment:

  1. The key fact is "there isn't any sanction for misleading the motorist". There needs to be and one that is of eye-watering severity. People must be sacked and the council forced to send all PCN penalty monies to central government for (say) 12 months. Should concentrate their minds a little bit !


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