Hounslow Council find the end of the road

 

Car drivers are in the habit of finding every possible extra parking space. This location is one that ended up at the tribunal where the PCN was cancelled for the simple reason that the alleged contravention had not occurred. The mistake the traffic warden (CEO) made is a common one or it isn't a mistake, they are just taking a flyer.

This wasn't one of Mr Mustard's cases so he doesn't have any photos for you but we can surmise that a car was parked in the middle of the carriageway fairly close to the brick wall which terminates the carriageway. Mr Mustard expects the car was within the white rectangle.

The neighbours probably have an arrangement to block each other in and move when required. An arrangement with a traffic warden is a dangerous one as they come and go and their boss might intervene.

If you are so parked both sides of your car are more than 50cm from the edge of the carriageway and if the car was reversed in then the front of the car is also more than 50cm from the edge of the carriageway. However, providing the car is backed up to within 50cm of the wall, as it must have been in this case, it is not in contravention.

Not only should the traffic warden not have issued the PCN, the council should not have rejected the representations and nor should they have resisted the Appeal but £130 was at stake and that causes errors of judgments within councils, not just Hounslow..

Hounslow Council - No comment = no penalties

 

Of a morning Mr Mustard makes himself a proper cup of tea, using leaves, and settles down to a quick perusal of the tribunal register for the previous day. When he sees an entry like the one above he is likely to click on one of the entries because it took a long time to decide and because of the multiplicity of PCN.

Mr Mustard is unfailingly polite to all adjudicators and given that Mr Teper is a former head of a Barrister's chambers and sat as a judge you aren't going to get anything dubious past him. Hounslow Council really got this wrong.

Hounslow Council were trying to obtain £3,200 from this lady. As she started 20 Appeals the council have had to pay out c.£600 in fees to the tribunal to hear the cases. Their stupidity and discourtesy in not responding to the tribunal and adjudicator has caused a massive loss to the borough.

This will be a useful decision to quote from in future multiple penalty cases (although not a precedent but merely legally persuasive). 

This is a location at which Mr Mustard has not been instructed although when he went online to view it he found it was near the former Brentford FC ground. This was the signage when the google street car went past

Mr Mustard doesn't have the images or video for the days in question. Whichever way the car came only one sign would be visible as they are angled. You also have to take in a cpz entry sign with standard hours and extra event day hours. By the time you have finished reading that you may miss the 'flying motorbike' sign.

Hopefully Hounslow Council will learn some manners for the future. Adjudicators don't forget much.

When 'traffic wardens' meet

A funny story from the tribunal in Saturday's decisions. Here it is in full.

What is clear is that the Hounslow Council traffic warden who issued the PCN did so in a great hurry, as per usual, even though the motorist was in the frame from the very beginning.

Mr Mustard's advice is to calmly drive off in such a case as the notes made will often be deficient or the warden will make a false note as in this case. Mr Mustard has known the notes of the traffic warden to be destroyed by dashcam or doorbell footage.

If a traffic warden cheats you, please make a complaint to the council as otherwise they will continue.

The end.

PCNs - exercise of discretion - #18. Hounslow

Hounslow Council were very quick to respond, the same day, and were apologetic

but had no reason to be concerned as what they have as a 1st strike policy covers many of the main problems and is exteremly fair and reasonable.

If Hounslow add some paragraphs about common problems like being delayed at the doctor's or as a hospital out-patient, they will be well on the way to a comprehensive policy.

The end.

Hounslow - pandemic parking enforcement

It would have been nice to have told Mr Mustard why they don't hold the information about people who are carrying out legally sanctioned duties on their behalf.

Rather odd that Hounslow Council know that no traffic wardens were sick (which is good news) but not if they have PPE or what they are currently doing. So be it.

What Hounslow Council are very clear about though is that there is no contravention for which they would not issue a PCN.

Miserable sods. Don't they know there is a pandemic on?

Yours frugally

Mr Musatrd

Another happy "customer" (friend of a friend)

Penalty - then a Penalty Charge Notice - away fixture at Chiswick

Here is the story of a friend of a friend of Mr Mustard. It, or a similar story of everyday life, is doubtless repeated many times over across London every day.

My story – with a happy ending

One Sunday afternoon in early July I received a call from my 24 yr old son to ask me if I could pick him up from Chiswick as he’d injured himself playing football, couldn’t walk and didn’t think he could get home on public transport. I drove to Turnham Green Terrace, intending to park in the Pay & Display and help him back to the car. As there were no spaces and he was sitting on the bench by the bus stop – having been helped there by his friends – I stopped momentarily while my husband got out and helped my son to the car. I remained in the driver’s seat with the engine running. The entire procedure probably lasted less than a minute. A few days later I received a PCN. The controversial CCTV positioned under the railway bridge, allegedly to make the area safer for pedestrians at night, had snapped me during that short space of time. The photograph sent to prove I had been there showed me in the driving seat, and the other two people in the car could be made out if you looked carefully.

I contested the PCN, pointing out that I was collecting my injured son, had taken him directly to A & E and had stopped for less than a minute in the bus stop as there were no P & D spaces available.

My initial appeal was rejected and I was trying to decide if it was worth taking it to the next stage and risk losing again, when a friend told me about Mr Mustard. Mr M advised me that the wording in the small print of the PCN was inaccurate and strongly counselled me to appeal again. This I did, pointing out these facts, and submitting proof of my son’s registration at A & E at Charing Cross Hospital, barely 15 minutes after the alleged violation.

This was, however, again rejected and I filled out the PATAS appeal form provided to take my case in person to the independent adjudicator. (This cost Hounslow Council £40 and the motorist £nil)

I was given a date for this appeal.

10 days before the appeal date I received a letter from LBH parking management stating that after my submission of additional evidence concerning my son’s injury, they were not going to contest my appeal any more.

It’s because of incidents like this that more money was raised from Chiswick High Road in parking fines in the past year than any other street in the country ( link to story here ). 

My tale illustrates the bullying tactics of councils like Hounslow. They know that most people will drop their appeal after one rejection. So, all the more easy money in their coffers.

I would strongly urge everyone not to give up but follow through to the independent adjudicator. The PATAS form is very straightforward, and if you have a good reason for the alleged parking violation, just tell the truth about it and give your story. I wish I had done this last year when I had an appeal rejected the first time by Hammersmith & Fulham for parking in a Loading Bay for 4 minutes when I was dropping several hundreds of pounds worth of donations to our local British Heart Foundation shop at 10.30 am on a Sunday morning and I wouldn’t have ended up paying £55 for being a good citizen.

Thank you Mr Mustard for the support and encouragement to fight the bullies.

So it isn't only in Barnet that there is bluff and bullying. The council simply want your money and can hide behind faceless decision makers who show less compassion than a house brick.

You can win. Simply appeal three times.

Yours sincerely

Mr Mustard