Mr Mustard has long thought that enforcement authorities pay lip service to the question of exercising their discretion in favour of the motorist and have used false logic to justify their refusal i.e. that the contravention occurred and therefore they cannot cancel. This is because he has written to councils about circumstances which would make your heart break and yet a faceless employee or contractor rejects such a challenge. Mr Mustard has had some success with this approach but he only uses it when he can't beat the PCN on technical grounds. An adjudicator can't cancel using their own discretion but can consider if an enforcement authority properly exercised their discretion and the following case seems to Mr Mustard to be a fine example of that:
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If you decide to ask a council to use their discretion to cancel, do not mention the alleged contravention at all.
The end.
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