30 October 2019

PCNs - due adjustment

Mr Mustard found the above decision on the LGO website which he takes a look at from time to time. He has previously been critical of the LGO for not having teeth but they have bared them to Southwark and the decision is of application to every PCN issuing enforcement authority within England.

The entire report is well worth reading in full but if you are short of time Mr Mustard draws your attention to the critical elements on page 11

Mr Mustard considers that the PCN should tell you that if you cannot write in for any reason that you can telephone in order to make your challenge. In Barnet he suggests that until such time as Barnet catch up with this decision you should telephone 0208 359 7446 explain your disability and say that you want to make a representation by telephone in line with the LGO's decision. If you get a refusal that may well ultimately be enough to get an adjudicator at London Tribunals to cancel the PCN although given the difficulties with challenging you may not get that far as you are unable to write, without help, within the deadlines.

Mr Mustard has previously tried to use a council's failure to offer due adjustment as a point of Appeal to an adjudicator but has been rebuffed on the grounds that written representations and the Appeal were done on time (which was only because Mr Mustard did them and he cannot help every single person) which is a Catch 22 response. If the person with the disability fails to write on time they get timed out of the process. If they get someone else to write for them (assuming they can get help) they have followed the system so all is well. The question of prejudice is irrelevant. The council must offer due adjustment to every motorist as they do not know when they issue a PCN if the motorist suffers from a disability or not.

You should add the failure to offer due adjustment to every challenge that you make regardless of whether or not you have one. This way the council may act sooner.

The LGO's decision is very pleasing. The government is forcing more of the population to do everything using the Internet which contradicts the Equality Act legislation hat they themselves made law. Perhaps this decision will tip the playing field back to a level status?

Yours frugally

Mr Mustard

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