The Unfairway - Barnet

 

Here we have a tribunal decision for stopping on the yellow zig zag markings outside a school. The motorist was unhappy about the PCN and the adjudicator agreed it was unjust and cancelled it, using nice legal words about mischief and focussing on the traffic management purpose.

If you look at the location in question (Mr Mustard doesn't know exactly where this alleged contravention occurred) you can get a feeling for what happened.

To get into that parking space, reversing first as is usual, you have to stop briefly on the right hand half of the carriageway, the section to which the yellow markings apply. It would be the same if you stopped to allow the car in front to park, you can't smash into it to avoid stopping. That is an entirely different situation to someone stopping on the markings to take a phone call or to drop their children off.

Common sense has prevailed. Why doesn't Barnet Council have some, here is a selection of possible reasons:-

- a computer selects cctv clips of possible contraventions, the computer doesn't have a brain.

- the person who is meant to check the clip either doesn't bother or isn't concentrating

- the person who decides whether to accept a representation or not is either a bit dense or doesn't care

- it's all about the money.

If you think your PCN is unfair take it to the tribunal after you get a formal Notice of Rejection. You get a fairer hearing than from Barnet Council as the qualified lawyer who decides your case is independent and not motivated by the revenue stream.

The end.