How the penalty unfolded

 

This is a case which Mr Mustard took to Appeal at London Tribunals. When the motorist parked the water was deeper and the driver didn't notice the dropped kerb as it was under water and as there isn't any dimpled paving.

This location leads nowhere, with the road being made into a cul-de-sac by bollards set in the carriageway to stop all but cyclists and motorcyclists from going through.

It is 6 roads to the east of Fore St and is very quiet. The point of giving a PCN to a car having made an innocent error was lost on Mr Mustard and the car could easily have been relocated instead of being towed but that would leave Enfield Council £200 down.

As it happens Mr Mustard knows the location because he helps a company on the Eley Estate and sometimes he cycles there from High Barnet and the grey path showing in the greenery is part of his route.

In this case the CEO who issued the PCN was the one who spends his day as a passenger in the tow truck. The PCN was timed at 09:19 and the car was towed at 09:24

Mr Mustard made representations to the council on four grounds

1. The drop was unclear due to standing water.

2. The PCN was not served.

3. There was no traffic management purpose.

4. The council quoted the wrong Regulations, 2007 instead of 2022.

The council rejected the representations, they didn't go into great detail about the particular facts, just spouted the usual stuff about rules. Mr Mustard had no hesitation in starting an Appeal as in a removal case the PCN has been settled in full and final at 50% and the £200 removal fee has already been paid so the worst result, of losing, doesn't cost the motorist anything extra.

The grounds of Appeal follow:

The exact wording of the not served argument was follows:

The reason that Mr Mustard included that argument was because the plastic wallet was so flat that it seemed unlikely that it contained anything.

 

Enfield Council's evidence was

At the in person hearing of the Appeal Mr Mustard handed up to the Adjudicator the original PCN which his client had posted to him under the clear instructions to use a large envelope and not fold the PCN. The benefit of keeping all PCN paperwork in an unadulterated condition will become clear to you in a moment. The adjudicator agreed (having already decided to cancel the PCN on another ground of less interest) that a piece of paper which has to be folded twice to be placed within a small plastic envelope would show signs of creasing:

Mr Mustard knew to look for this as he had noticed it in another borough and from memory it may have been when he actually saw a car being towed.

Should you be unlucky enough to have your car removed please keep all of the paperwork exactly as it is given to you at the car pound, places which are a bit incompetent, and which may save you £265.

This motorist who turned up on the day to the tribunal as she was free was delighted to get her £265 back and spent c.£3 of it on a pint of Greene King IPA for Mr Mustard in the local 'spoons' where they repaired after the hearing along with another representative who had his own cases that day.

The end.