Barnet Council don't care about people, PCN revenue first

 

Clearly if an adjudicator (whose hands are legally tied, he cannot allow on the grounds of mitigation or it just being the decent thing to do) makes a recommendation to cancel, which is what the legislation carefully allows for, the assumption in the legislation (wrongly) being that a council will use its powers sensibly, it must be the case that if the adjudicator was instead a council employee deciding on challenges to PCNs he would have cancelled. Why don't the council cancel? because they want the money.

Before making the decision the council should be made to sit in front of the motorist and his wife and explain why they will refuse the challenge.

Remember: In London you can't park on the pavement except where it is marked out to allow it.

Outside London (in England) you can park on the pavement except where it is banned by signage.

Easy to understand how this motorist, who has enough on his plate at this time, went wrong.

Yours frugally

Mr Mustard

Update: 27 December 2021

One of Mr Mustard's assiduous readers followed up for the outcome of the adjudicator's recommendation. The answer was that the council refused to follow the clear steer of an adjudicator, who only rarely use their legal right to make a compelling reasons recommendation. Here is the council's flawed reasoning.

The adjudicator has already decided that the PCN is legally valid so what the council are being asked to do is to exercise their discretion to cancel as a goodwill gesture and as the adjudicator has no power to consider mitigation.

Therefore the reasoning to justify not cancelling as a goodwill gesture should have been why being kind isn't reasonable in all the circumstances. The justification the council have used is that the contravention had occurred which was an agreed fact and they haven't in fact done what they were asked to do.

Never ever make the mistake that the council will put the public first, they put the money first.

The end.