Islington Council having a laugh

If a PCN offers the ability to make representations by email

a council cannot then in all fairness unilaterally withdraw the option (until they have stopped putting the method on Penalty Charge Notices and other documents) but for some unaccountable reason Islington Council have done just that (2023 isn't a good year for them, see previous blog post).

Mr Mustard often raises the concept of fairness with traffic (PCN) adjudicators as there is a duty on councils as pronounced by Lord Mustill.

One adjudicator wrote this in a tribunal decision:

 

Councils must act with honour, a concept which parking departments lose sight of when they focus on the money.

Mr Mustard will ask Islington Council to either accept emailed representations or remove the option from their documents.

The end.

Honourable Haringey

Mr Mustard was consulted about this story which resolved itself thanks to the enquiries made by the local democracy reporter. Mr Mustard, however, carried on digging. The car was towed from a spot on the left of the following picture, which is from 2021 and is in White Hart Lane near the car boot sale site.

What Mr Mustard found, was that since June 2021 those lines that you can see which are single yellow, should have been double yellows. They were in 2020 as this photo shows.

Mr Mustard is going to look back once he has obtained the Traffic Orders which existed prior to June 2021 (when changes were made within the White Hart Lane zone) to compare the lines which should have been there with what was actually there in case there has been an even longer standing problem.

So far, after a perfectly pleasant exchange of emails with the traffic orders officer, it was accepted that the single yellow lines should have been doubles and will be repainted and also that the school keep clear zig zag lines needed signs which are now to be erected.

Subsequently Mr Mustard asked if all wrongful PCNs would be refunded and to his pleasant surprise (it shouldn't be a surprise, any enforcement authority which has wrongfully demand a penalty, and possibly removed what turned out to be legally parked vehicles, should put their hand up and refund without demur) Haringey Council, via a Technical Officer, sent Mr Mustard this lovely email:

No need for you to wait if you were one of the affected parties. Contact Haringey Council, quote your PCN and ask for a refund. There isn't an email address for parking so best start at customer.services@haringey.gov.uk

If you have a current PCN, point out that the single yellow lines should be doubles and that the PCN must be cancelled as it was issued 'ultra vires' (outside the pwers of the council).

Any problems, do email mrmustard@zoho.com

End.

NSL employ a rotten liar

A lyre, not a liar

Mr Mustard has been a debt collector since 1987. Thus, he usually knows when he is being lied to. It was therefore a foolish NSL employee who decided to tell Mr Mustard an absolute whopper.

Here is how the exchange went:

27 Nov 13: PCN issued to car.

12 Dec 13: Mr Mustard is introduced to the motorist. We are already out of time for the 50% discount so might as well fight to the bitter end.

30 Dec 13: Notice to Owner issued.

3 Jan 14: Mr Mustard files the formal representations. He includes the following:

I have a copy of the contract between NSL and Barnet Council. For a code 19 PCN the contract stipulates an observation time of 3 minutes which has not been adhered to so this PCN has been issued in breach of contract and is ultra vires. I further note the use of the "z" suffix for an expired permit but Mr G. hasn't had a permit at this address.

20 Jan 14; NSL, on behalf of Barnet Council, reject the formal representations and include the following:

It has been stated that the observation period given before issuing this notice is insufficient according to the contract between NSL and Barnet Council; however as with all contracts they are subject to amendments from time to time and contravention 19(z) is now an instant contravention meaning no observation period is required prior to issuing a notice.

Mr Mustard's nose twitched when his client sent the response on to him.

3 Feb 14: Mr Mustard filed an Appeal at PATAS.

9 Feb 14: Mr Mustard sent the doubtful response to the parking manager.

11 Feb 14: Mr Mustard saw the parking manager at a committee meeting. He was then told that no contract changes had been made since the contract started and an apology was on its way from NSL. The parking manager seemed not to be amused.

11 Feb 14: NSL write on behalf of Barnet Council to the motorist and say the PCN has been cancelled due to insufficient observation. They don't write to the representative, Mr Mustard, and apologise for insufficient truthfullness. The apology is not sent by the dirty rotten liar themselves.

26 Feb 14: The PATAS Appeal is dismissed as the council has thrown in the towel. The council are £40 down in fees.

12 May 14: Mr Mustard decides that NSL have no honour and that a proper apology will not arrive. He decides it is high time that the world knew what outsourcing means, it means that you have no real control of the outsourced process and that at least one employee (Mr Mustard knows who you are; you have had your one bite and will remain anonymous for now) of NSL will stop at nothing to deny a genuine reason for cancellation of a PCN.

This is why you don't stop when your first and second challenges get rejected and you stick with the process and Appeal to PATAS where you will get an inpartial hearing.

Why do parking contractors have no manners?

Yours frugally

Mr Mustard

Note: The Parking Enforcement Contract which started on 1 May 12 for a 5 year period with a possible 2 year extension (if that idea hasn't already been squashed then we are managed by fools) is one of the earliest of the first wave of One Barnet contracts (and the sooner we wave goodbye to it the better) and this disgusting event just goes to prove Mr Mustard's point that outsourcing is not the answer to all your problems (Barnet cabinet councillors please take note) but simply removes some and replaces them with others. The big problem that you inherit is managing at a distance. If this had been a council employee writing to Mr Mustard such a stupid and blatant lie would not have been attempted as direct employees would know that sometimes the manager's phone will ring and Mr Mustard is on the line and sometimes Mr Mustard's home phone rings and a parking manager is on the line.

One Barnet isn't working.