You will struggle to believe that a council, a body with a legal duty to be fair
R-v-Secretary of State for Home Department ex p. Doody (1994) (House of Lords) per Lord Mustill : "Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances" (The noble Lords clearly forgot to add 'except in Haringey' )
could stoop this low, or maybe you think that all parking departments are venal and rapacious. Certainly there are plenty of examples of a complete lack of ethics when it comes to PCN.
Here is the alleged contravention from the postal PCN
and here is one of the two photographs from the council website (the second photo is of the time plate)
Look at the bottom of the photograph. The photograph is timed at 18:32 so unless the driver decided to reverse back into the space and somehow avoid being photographed and also avoid being given a PCN or having one stuck to the windscreen (which of course they didn't) then at 18:34 the car was half a mile up the road.
Mr Mustard wonders if this should be treated as an attempted fraud and reported to the police. Despite this being obviously mischeivous the car owner still has to make representations as otherwise they will become guilty by default, which is one of the flaws of the way that the legislation is written.
If you have a PCN which has been dished out by CEO (traffic warden) 542, Mr Mustard would suggest you study it very carefully for any signs of trickery.
Perhaps the time of the CEO (Chief Executive Officer) Nick Walkley could be better spent in instilling honesty into parking staff and contractors (this will of course be the work of just one rogue traffic warden, yawn) instead of faffing about spending thousands on wretched logos.
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| Almost the new Haringey logo:thanks Alan |
Any lawyers who happen to be reading are invited to comment upon possible actions that could be taken against Haringey Council. Mr Mustard will deal with the PCN itself.
Yours frugally
Mr Mustard
I am proud to say that, (as far as I know), I am the originator of the phrase "venal and rapacious" to describe almost all council parking departments. As time goes on this phrase has more and more validity. The only word to add, for some councils, is "ruthless". Frankly, it has to be said that all considerations of probity, morality, fairness, and ethics in these departments have disappeared long ago; only the money counts.
ReplyDeleteYou completely failed to mention the important and essential fact that the driver, Erwin Schrödinger is world famous for being an immensely ingenious bloke whose car is and isn't in a parking bay at the same moment. Obviously the Parking Adjudicator will have no option but to dismiss the appeal and also to cancel the PCN.
ReplyDeleteI trust you will advise Erwin to take more/less care to park/avoid parking in Haringey in the future/the past.
Applying wave function is a bit silly. Any parking nerd worth his salt would know that applying m-theory would show that not only is the space-time of the vehicle irrelevant but as is the concept of parking!
ReplyDeleteI'd also be interested if any lawyers reading would comment on what can be done about a council sending bailiffs in without a valid warrant of execution (now warrant of control). Council and LGO have said they don't see the problem....
ReplyDeleteOh - and I would be very tempted to put in a very weak challenge in the hope that it would then go to PATAS (whatever it's new name is) - and then get awards costs - this one surely must qualify?
ReplyDelete