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.

End.

1 comment:

  1. Unfortunately, whilst Mr Mustard makes life fairly uncomfortable for the denizens of the parking department, most people just cough-up, (not knowing parking law and not wanting to risk paying the full penalty). Only about 1-2% of PCN recipients take the council to adjudication. There need to be severe penalties on councils for illegal money-grubbing. Will I see this in my lifetime ? I suspect not !

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