Barnet Council - churlish

 

It was good that the council didn't, as often happens, claim that something that wasn't clear, was clear. It wasn't argued by Mr Mustard that the double yellow lines were not clear, only that the kerb markings, which signify a loading ban, were not clear.

The final line is the churlish one, do it again with the same facts and the council will not cancel. They usually write 'may' not cancel which would be more accurate as they should not fetter their future judgment. They just can't resist thumbing the public in the eye when the failing is not by the motorist but by the council in not repainting the kerb marks at the same time as the double yellows.

The goodwill wasn't evident at the informal challenge stage when the same imperfect kerb marks were found to be enforceable.

The traffic warden (civil enforcement officer) should never have issued the PCN because of the state of the kerb marks which they are meant to check before they decide if a contravention has, in their opinion, occurred or not.

What this sequence of events tells you is don't let the council rejecting your first challenge put you off from advancing the same argument for a second time and then for a third time at the tribunal. If you think you are in the right just persist, as Calvin Coolidge had it:

The end.

More dropped a clanger than dropped kerb - Barnet Council

It was inconsiderate to park, allegedly for a short time, on this corner but as it wasn't a contravention Mr Mustard fought the PCN. He doubtless also gave the driver some words of advice.

Barnet Council rejected both the informal challenge and the formal representations which wasn't very bright of them but doubtless the revenue imperative was running the show.

This led to Mr Mustard starting an Appeal to London Tribunals which means c. £30 in wasted fees by the council, who have to fund the independent tribunal mostly based upon their share of usage.

Mr Mustard decided to have a bit of fun and waxed lyrical in his Grounds of Appeal.

The council then proceeded to waste at least 2 hours of their agent's time (NSL) in getting them to produce the Evidence Pack for the tribunal. There was more nonsense within it:

'The CEO has a legal obligation to issue PCNs to any vehicle seen parked in contravention.'

Mr Mustard will let Captain Hastings of Poirot fame speak for him: 'What rot'.

(CEO = Civil enforcement officer a.k.a. Traffic Warden.)

The independent adjudicator was even-handed and thorough in her assessment of the evidence of both sides but there was only ever going to be one outcome, a cancelled PCN and so it turned out.

This is a classic example where Barnet Council claimed that black is white (there aren't even any shades of grey here). It was an abuse of power which should be punished but there is no mechanism to bring that about. If a council had to give £130 back for every unlawful PCN there would be more care taken.

Please don't pay PCNs which are patently wrong, you only encourage them.

The end