31 March 2022

Excessively enthusiastic in Enfield

Mr Mustard spotted this decision in the tribunal register, he usually only reads Barnet cases but odd ones can catch his eye and turn out to be interesting. The adjudicator applied logical deduction to the facts.

There are plenty of cars wrongly parked which traffic wardens can ticket at leisure. If a motorist comes back to their car there are two things a traffic warden can do; the first is to shrug and move on and the second is to tell the truth, record the event as a vehicle drive away and let the back office send a PCN by post. Unfortunately there isn't an in-built system of redress for what appears to be a lie told by a traffic warden but if it happened to Mr Mustard he would certainly lodge a complaint.

One reason for telling you about this deicison is that if you think it is relevant to your case you can ask to see all of the entries recorded on the handheld equipment of the traffic warden under Freedom of information (possibly Environmental Information) legislation which would disclose the time to the second of when the vehicle was first seen, the exact time of photographs, when the decision was made to issue etc. If you ask for that at the very start your file may get marked as being that of a 'difficult' customer and your challenge get accepted as it is obvious you will fight all the way to the tribunal (not that Barnet Council give up when they see the name of Mr Mustard - they must just like losing).

The public should not have to put up with such predatory behaviour.


Barnet Council - a costly assumption

This decision has been brought to Mr Mustard's attention by a friend who is looking at all costs award cases in the last couple of years at the tribunal. Barnet only had the one which is more a reflection of how hard it is to get a costs award than of their good behaviour.

This is the yellow box near Sainsburys in North Finchley. If turning left off the High Road it is now in the Highway Code that a motorist should let a pedestrian cross so we might see some more PCNs like this one.

The amount awarded is still less than the value of the PCN (£130). Every PCN found to be wrong should be the subject of a fixed costs award, that would bring some balance to a lop-sided system.


28 March 2022

Continuous contravention - Wandsworth

Here is a location where parking at an angle is allowed:

Wandsworth Council don't really understand road markings as if they did they wouldn't put a yellow box in front of the garages when they are only allowed at junctions and fire or ambulance stations etc., not on housing estates.

An unwell driver made a mistake and parked on the brick paved area in the foreground on the right and collected 3 PCNs in five days. They paid the first one and challenged the other two. Wandsworth Council decided to cancel the PCN issued on day 4 as although they were both correctly issued they had generously decided to treat them as one episode of parking on this occasion. So kind but hogwash. They refused to cancel PCN 3 which was inconsistent.

Mr Mustard took over. He pointed out that the PCN the council had agreed to cancel (the second PCN in time) still showed a balance on the council system. That was quietly corrected after a while.

This is what Mr Mustard wrote about the final PCN (you don't need to write reams).

It took 2 weeks but Wandsworth knew when they were beaten but again said that they had decided to treat the PCNs as one contravention. There isn't a choice, there either is one contravention or there isn't, it is a fact based question.

Here is an extract from the tribunal decision referred to:

Clearly, the second and third PCNs were not appropriate. Traffic wardens issued PCNs when they knew, or ought to have known, that they were not valid.

The back office pretend to be kind but they are spouting hogwash in order to try and play the situation to their advantage. They need to stop.

You just can't trust the parking departments of many councils.


2 March 2022

Hillingdon Council - being slow to catch on costs them

Mr Mustard is being fed a regular diet of costs awards, rare even though they are in PCN Appeals. Mr Mustard was not surprised that Hillingdon Council had costs awarded against them.

Here is the PCN Appeal decision followed by a half decent costs award.

To help you understand this, here are no left turn signs which are clear if you are driving along Watford Rd

Howver Mr Susser was coming from the right and going almost straight across Watford Rd. There would not be the necessary head on view of the signs for about 40m which would be required to take them in. The no left turn signs were not installed when the google car went down the side road.

Something made Mr Mustard look further down the road for an advance warning sign. He found it. It does not properly convey the restriction. It implies you can proceed into Elgood Avenue which itself contains a 'no left' that you cannot then take.


1 March 2022

Hillingdon Council - out of cash, compassion or common sense?

Although busy cycling, Mr Mustard still finds it instructive to find the time to peruse the Environment and Traffic Adjudicators ruling on PCNs whilst enjoying the first cup of tea of the day. He has to be careful how he drinks as some decisions make one spit ones tea out, like this one, a stupendously crass and insensitive decision to try and penalise a lady who has suffered a gross injustice and is already seriously out of pocket without suffering a penalty of £550.

It doesn't take much searching, and the police were involved anyway, which the council could check, to find links to the rogue operators, here at trustpilot.

In Mr Mustard's view, Hillingon Council are also rogues (in this one case at least).