Cheating or incompetence by a NSL / Barnet Council traffic warden

Within 24 hours, this PCN was cancelled due to 'an issuing error', - rather!

Mrs Careful (well mostly) parked her car in Hendon Lane N3, more or less opposite no 74.

She checked from one end of the single yellow line to the other, there wasn't a time plate on a pole adjacent to the line. She didn't make the wrong assumption that other drivers make that parking must therefore be free at all times. She knew she was inside a controlled parking zone, the CE zone (Finchley Church End) and that therefore there was a circle of zone entry signs sited on all possible arrival routes, which you have to take notice of when driving along. The signs behind the car, if you were driving there from High Barnet, as Mr Mustard was when doing his reconstruction, are outside the Finchley Methodist Church and you are meant to read and memorise the days and times as you drive by and remember them until you stop and park, some 1.2 miles later.

As it happens, if you were to drive on another 100m you would exit the zone in Hendon Lane but you wouldn't know how far ahead the end of the zone would be.

Having parked perfectly before 1pm when she came back to her car Mrs Careful found it, to her astonishment, adorned with a PCN. This was how Mr Mustard started, being issued with a PCN which was wrong and 2,000 PCN fights later how all councils in London regret the mistake that Barnet traffic warden made in November 2010.

Mr Mustard was consulted. He sent Mrs Careful a copy of the council's photographic evidence, naively assuming she had missed the sign.

Ignore the top sign for buses & HGVs

It was explained to Mr Mustard, who had only looked cursorily at the evidence and didn't know the location all that well, that the sign was 100m away and besides, the sign photo was taken 2 minutes after the photo of the PCN on the windscreen, now that was odd. Mr Mustard decided that Mrs Careful was correct. He decided to go and see the situation with his own eyes and recreate the parking with his own car to see if lightning might strike twice (he didn't plan to be there any longer than it took to check the facts so it probably wouldn't).

He made a little video and added a commentary

 

From this short video it is obvious that the traffic warden, number BT717, is either incompetent (and they have been around too long to know know the basics of single yellow line signing which is simple) or they are a cheat. Mr Mustard decided they are a cheat and as well as making a challenge against the PCN he has filed a complaint as this level of service or dishonesty simply isn't acceptable. If a traffic warden is unsure of the position he should check with the office or simply walk on as if nothing is wrong, which, as it happens, it wasn't.

The end.

Newham: no sign = no problem - issue PCNs

The council's photo of 13 July 15.

In 2014 Mr Mustard was a regular visitor to Newham to see his then +1. He used to enjoy parking in this parking bay as there was no notification of the times of it & as it was a mere 4 cars long and only had one sign, which was missing.

Given that Mr Mustard does not trust councils not to come along, erect new signs and then happily issue PCNs he photographs his car every time he needs to, in order to protect himself. The below photo of Mr Mustard's Mercedes was taken on 4/1/2015 so we know the sign has been missing for at least 6 months.

It is the theoretical duty of traffic wardens to check signs before they issue PCN and to report any signs (& lines) which are not correct, not compliant or are non-existent. Clearly in Newham the demands of the traffic warden's job are such that 100% of the time has to be spent on issuing PCN.

The Sky van was parked in the unsigned bay, as per the first photo. A traffic warden appeared. Mrs +1 came out of her house and politely pointed out to the traffic warden that the absence of any signage meant that no contravention could be committed - the bay was to all intents and purposes a free bay, 24/7/365.

Guess what the traffic warden did next? Yes, he issued PCNs. He told Mrs +1 that he could. She knows better and will give out Mr Mustard's contact details to the affected parties.

This is to the right of the bay - you can see the red brick wall continues.

Mouchel employ the traffic wardens in Newham. Face & pips redacted by Mr Mustard.

The behaviour of the traffic warden is downright dishonest. Mr Mustard hazards a guess that the bay sign which he photographs will be from the opposite side of the road and that has different rules and the sign on the other side is never applicable in any event (although it may be identical). Mr Mustard recalls that the bay on the opposite side of the road is for resident permits holders only and the bay in question was also for residents but also offered 2 hours of free parking. The occupiers of the bay today were dished out with PCN pretty much instantly.

If traffic wardens aren't on bonus why are they so keen to issue the maximum number of PCN every single day? is a question that Mr Mustard has yet to hear a satisfactory answer to.

So this will be 3 or 4 more easy wins for Mr Mustard once the motorists get in touch.

Yours frugally

Mr Mustard

Credit where due

bottom of picture cropped to remove the vehicle registration

The poor disabled lady who received this PCN was crying her eyes out as she had correctly put her blue badge out on show and mysteriously the traffic warden did not take a full camera shot of her windscreen or one through either side window. Doubtless his/her notes would have contained the abbreviations AWC (All windows checked) and NBBS (no blue badge seen) or similar.

Mr Mustard didn't know whether this was accidental or deliberate but he did check two previous PCN issued by this particular traffic warden. They both had full shots of the windscreen and of side windows so he was doubtful as to the legitimacy of this PCN.

Mr Mustard sent it to the parking process manager and 12 hours later the PCN has been cancelled and the poor evidence will be discussed with NSL at the next management meeting so fair play to the Barnet Council manager. It must be a nightmare trying to control NSL at a distance. The council have saved themselves from wasting a £40 fee (for a £60 PCN) for a PATAS hearing by accepting the challenge at the earliest possible point.

The council parking managers do get caused a lot of work by Mr Mustard but they know that he knows what is going on in parking enforcement and that he plays with a straight bat, so they listen to him and hopefully parking enforcement will be the winner i.e. it will be fairer. If this traffic warden has cheated, and been caught, they will think twice before doing such a trick again.

Yours frugally

Mr Mustard

Now you see it, now you don't

On one previous occasion a traffic warden has been seen removing a PCN from a car in Finchley but whether that was nefarious behaviour or not was not proven as the car owner was unknown to those observing. Given that so many cases end up at PATAS where the motorist complains that the PCN was not on the windscreen Mr Mustard has long held the view that some traffic wardens are probably behaving wrongly. By such behaviour the opportunity to pay at 50% is lost. Any motorist who comes to Mr Mustard in such circumstances always appeals to PATAS as that costs the council £40 in PATAS fees and might eventually teach them to behave. Here is a recent adjudication which proves the point as no naughty schoolboy or other prankster could remove the PCN whilst the traffic warden is still there. The possibility occurs to Mr Mustard that in the below case the traffic warden photographed an empty yellow plastic wallet and then removed it.

The Appellant attended in person. The Authority did not attend and it was not represented.

The Appellant said that he saw the enforcement officer as he was returning to his vehicle. The officer was taking photographs of the vehicle at that time. The Appellant activated his central locking system so that his lights came on, to alert the CEO that he was returning. They walked past each other and the CEO told the Appellant that it was alright.

The Appellant said that he did not see a PCN on the vehicle. He checked the sign and realised that he had made a mistake. When he went home, he announced to his wife that he had been fortunate not to have received a PCN. Mrs M. who attended the hearing confirmed this part of the Appellant's evidence.

The CEO's photographs showed that the PCN had in deed been placed on the vehicle. A PCN is enforceable and the full amount is payable once it is served, even if it is removed by a third party before the driver returns. In this case, the likelihood of third party intervention is remote. The inference is that the CEO had removed it for one reason or another.

This is not something that is likely but having heard from the Appellant and his wife, I have concluded that it was the case. If a CEO removes a ticket after it has been placed on the vehicle, it has not been served. I do not accept that the PCN had been served on this occasion and I am allowing the appeal.

Mr Mustard notes the use of careful language by the adjudicator, a solicitor or barrister, & who is always mindful of an appeal, is speaking volumes with his choices of words, "remote" means about a zero chance and "for one reason or another" is left for the world to interpret as without the traffic warden there to cross-examine, we will never know. Mr Mustard might think this traffic warden is deliberately making life difficult for motorists but he can't prove it (yet, watch this space).

So remember, if you are scammed by the local authority in this way you can put in your representations to Barnet Council (by email to barnet@nslservices.co.uk ) and if they are rejected you will be sent the PATAS form. Fill out a few simple details (consult mrmustard@zoho.com for guidance if you so desire) and if you lose you still pay the full PCN price (£110 or £60 as the case may be, the chance to pay £55 or £30 having been denied to you) and if you win you pay £nil. Either way the council have to pay a £40 fee to PATAS.

Hit the council where it hurts them, in the pocket.

Yours frugally

Mr Mustard