Newham Council - out of order

 

https://www.deviantart.com/benares78/art/Big-Bang-Theory-Out-Of-Order-323747067

This is the follow up blog to this one.

Picking up where the previous blog left off the Notice to Owner arrived (once the lease company had transferred liability) and Mr Mustard made a short formal representation.

That met with a long rejection.

If there was sympathy the PCN would have been cancelled.

Just because a 'traffic warden' doesn't see boarding doesn't mean it isn't happening and, if you go back to the first blog, he was told why the car was there.

A driver is adhering to the restriction if he is engaged in assisted boarding of an elderly person with reduced mobility.

An observation period of 2 minutes may not be sufficient depending on how fast the old person moves, if there are stairs and if he is at the back of the building.

Mr Mustard ploughed on and started an Appeal to an independent adjudicator at London Tribunals.

All it said was 'assisted boarding was ongoing' as the informal challenge and the formal representations which had already been made are automatically carried forward.

Newham Council started to prepare their standard evidence for the tribunal. They prepared the evidence list 'A' and the Case summary at 'B'. Here are the relevant parts of the case summary:

Suddenly after that the provision of evidence came to a juddering halt and a DNC (do not contest) form was filed, which said:

This is the first time that such an omission had ever been identified by an enforcement authority. All the other PCNs which had doubtless been issued in Hilda Road could not be supported as the document which authorises yellow lines to be painted simply didn't exist. Everyone who received a PCN for doing so and paid up at 50% had burnt their money (and Mr Mustard surmises that Newham didn't suddenly send out refunds). Mr Mustard always straps in for the ride if he has a half decent argument and gets some surprising wins along the way.

The end.