29 October 2019

An abysmal rejection

It was dark and wet in the Golders Green Road, the motorist missed the wide yellow line which is a clue that you might be in a bus stop. An understandable error rewarded with a PCN for £110. A copy of the PCN was sent to Mr Mustard. Hold on he said, the PCN says you were stopped in Russell Gardens, so the PCN is a nullity for want of an accurate location. Make the challenge on line and tell the council you were not in Russell Gardens and when they see you are correct they must cancel (a fine theory). 

Here is the representation, as made:

Kindly note that the alleged parking contravention did not take place as the road stated on the ticket does not have any bus stops. 

You have already guessed what happened next, yes the council rejected the representation. Here it is.

The letter starts with an untruth 'we have considered carefully'.

Firstly many Barnet residents will already have said to themselves that there isn't a bus stop in Russell Gardens because buses do not go down that road.

The council (and most probably NSL staff in Dingwall who are the processing back office) could have looked at the longitude and latitude of the camera at the time that the pictures were taken. That would have provided the location very precisely. Clearly they didn't do so.

The member of staff could also have looked at their own publicly reviewable records which now most helpfully provide a dropped pin of the approximate location. Clearly they didn't do that either.

 They could also have looked at google maps for Russell Gardens
where the red pin is and noted the absence of bus stops (the blue bus symbol). Clearly that third opportunity to verify the accuracy of the challenge was not taken.

What did the council do?
They issued a rejection letter with a standard templated wording.

What didn't they do?
Actually consider whether there was a bus stop in Russell Gardens or not.

Luckily the motorist has Mr Mustard's knowledge, experience and determination to see the PCN out.
They will though now have to wait and worry for the Notice to Owner to arrive and then go through the challenge process for a second time with no guarantee that the council will look at the second challenge any more seriously than the first one.
They may also have to make an Appeal to London Tribunals to get this matter put to rest.

It is a shockingly abysmal state of affairs that the council, whether via their agents NSL or not, rejected a perfectly valid challenge.

It can't be their addiction to revenue can it that has blinded them to reason?

Yours frugally

Mr Mustard

Update 6 November 2019: Mr Mustard told parking senior management of the error and logic and common sense have now prevailed and the PCn has been cancelled.

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