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Mr Mustard often looks at cases where the adjudicator's decision is to refuse the Appeal but suggest (recommend) to the council that they cancel the PCN (or not collect the sum due under it).
As soon as the first PCN was issued the Reverend, or his wife, should have woken up and put the blue badge in the car and stopped the rot. It is unlikely that the blue badge would have been stolen in the short time it would have taken to obtain a new AD permit on line.
Shocking really, no PCN for three years and then three in a fortnight. Doubtless the council didn't follow up with residents who hadn't transferred from a paper permit to a virtual one. Mr Mustard's experience in Barnet is that they leave you to find out each time the system changes, rather than proactively helping the public.
Southwark should really have proved that they made the Reverend aware of the new system at the time and, given that this bay was installed especially for Mrs Lucas, not treated it as a profit centre but public service went west a long time ago in parking departments.
End.
Can't say I am impressed by the adjudicator's logic here. Surely the statutory grounds of "t he penalty exceeded the relevant amount in the circumstances of the case" applies. The council issue no PCNs for three whole years then suddenly start enforcing. Not only this, they behaved shamefully with the appellants and also with the conversion to virtual permits. Ms Brennan seems to me to be extremely pedantic and nit-picking; I wonder how long she will last.
ReplyDeleteMy first thought was the defence of 'legitimate epxectation' but the issue of the first PCN punctured that line and the couple hadn't really helped themselves so I unserstand why the case went the way it did. At least it wasn't a point blank refusal.
ReplyDeletegood decision by the Adjudicator
ReplyDelete