10 August 2021

Malfeasance in Merton (London Borough of)


Mr Mustard likes to start his morning with a cup of tea and a perusal of the register of the Environment and Traffic Adjudicators. His main focus is on Barnet cases but Mr Mustard's eye can be caught by other boroughs and this was one such example, or rather, 14 such examples. Here is the text of the adjudicator's reasoning and decision.

Yet another enforcement authority pushing the long discredited theory that they can issue a PCN once every 24 hours where there is a continuous prohibition on parking and in this case there were two of them (not the best parking but that doesn't mean you should be scalped for 14 times £110 = £1,540). This authority tried, reading between the lines, to argue that each new day heralded a new prohibition thanks to the wording of 0.00 to 24:00 hours in the Traffic Management Order ('TMO'). Whilst the adjudicator calmly contradicted that proposition by pointing out the black letter law of the TMO said 'at any time' it shows you what slippery snakes are employed in the parking department of Merton Council, just as in other boroughs about whom Mr Mustard has written on the subject of continuous contraventions.

It is curious that enforcement authorities don't take the opportunity to increase their knowledge by doing as Mr Mustard and other self taught PCN experts so, which is to read the decisions of adjudicators who are experiences lawyers and the final arbiter (unless you fancy an expensive judicial review) of the law in this arena viper's nest.

Take what an enforcement authority says to their own benefit with a pinch of salt and do your own research on the internet or put your case on PePiPoo (silly name but an excellent site) and get good free advice from a selection of lay people who live and breathe PCNs.

Yours frugally

Mr Mustard

1 comment:

  1. A rather stupid appellant parking as he did, (or maybe just naive). You can, however, see why Merton didn't tow the car, because storage charges are "only" £40 a day, whereas the PCN is for £130


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