26 September 2018

Yeah but no but yeah

Not 100% certain this was the bay but the sign fits the decision
Mr Mustard keeps an eye on the decisions made each day by parking adjudicators. In the next decision the council ticketed a goods vehicle for being in a goods vehicle loading bay and then when the motorist points out that his was a goods vehicle the council change their argument, which never plays well with an adjudicator, being a slippery eel.

Not all adjudicators will cancel a PCN for the lack of adequate description reason, many will say that in combination with the sign, you know what you did. If the vehicle owner isn't the driver though and wasn't there it would not be obvious. The public is entitled to be told exactly why a penalty is due, you shouldn't have to guess.

The adjudicator slays the second argument about not being engaged in loading as that is not the allegation on the PCN so the council, in their desperation to extract £110 from the innocent Mr Joyce, blathered on about an irrelevance. Mr Mustard thinks the quality of correspondence has gone downhill since NSL moved the back office to Dingwall because it is cheaper, naturally, but cheap ain't often also good.

Rare though it is to see costs awarded Mr Joyce clearly felt he had been badly done by and applied for costs.

If a council don't oppose an application for costs it is more likely to be granted, it being assumed that the council has no objection whatsoever.

It doesn't matter if the council don't see you unloading. They rarely observe for even 5 minutes and so if the traffic warden is only there for one minute, they aren't likely to see much happening.

Barnet Council were adjudged to have been 'wholly unreasonable' - nothing new there then.

What Mr Joyce should have claimed for was the costs of preparing his Appeal i.e. from the moment he received the Notice of Rejection and his travel time in attending the hearing, at the litigant in person rate of £19 per hour.

Barnet Council are lucky to have got off with wasting £35.

Remember, just because the council state that the traffic warden didn't see something happening doesn't mean that it wasn't happening. If Lady Godiva had ridden down the street whilst the traffic warden was intent on his handheld equipment and didn't see her ride by, it doesn't mean she wasn't in East Finchley that day (although it is an unlikely event) only that the traffic warden didn't see her. The same goes for loading, please please do it properly dressed.

Yours frugally

Mr Mustard

1 comment:

  1. Despite the award of paltry costs, Mr Joyce is still the victim here. Whether he is forced to waste a weekday or a weekend day in fighting a spurious and unreasonable PCN is irrelevant. It's still a day of his life and he's entitled to be compensated for being forced to waste it in this manner.

    He didn't ask for this situation. He did nothing wrong. His time has been wasted for no compensation. How much were the court staff paid for their time? Would they have done it for free at the weekend?! Of course not!

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