Harrow's horrible history

The above is an extract of a PATAS tribunal decision by an experienced adjudicator back in 2013. Mr Mustard has seen plenty of similar decisions and won some Barnet cases on that basis. Barnet Council tend to be more timely nowadays.

A few weeks ago a 2015 Harrow Council PCN landed on his desk. That surprised Mr Mustard so he thought he would see if it was one off or if there were many more. He therefore made the following Freedom of Information request:

Please provide the following data in relation to parking, moving traffic & bus lane contraventions for all PCNs which were registered at the TEC on or after 1 September 2017 up until 30 December 2017 but only where the Charge Certificate was issued before 1 January 2017.

Date of TEC registration
Date of Charge Certificate
Date of PCN
Location of contravention
Contravention code
PCN value at issue date

Please provide this information as an unlocked spreadsheet by email to this address. No cells should be locked or protected.

Mr Mustard was duly sent a massive spreadsheet documenting a hideous catalogue of PCNs which should have been written off long ago. In the guidance issued by London Councils some time ago it said that councils should write off any PCNs where there had been a delay of 6 months at any stage of the process. It is only guidance but there needs to be a good reason to ignore it. There isn't a good reason. Here is the spreadsheet.

Late TEC Registrations for Publication by MisterMustard on Scribd

You might want to download it in order to sort all 2,158 items.

What Mr Mustard observes is that you should ignore negative numbers in the charge certificate days column as that just signifies that a fresh PCN or Notice to Owner has been issued.

The shortest delay between the Charge Certificate (when a PCN value gets increased by 50%) and the Order for Recovery when the PCN gets registered as a debt at Northampton County Court just prior to bailiffs being instructed. The longest delay was 1160 days which is more than 3 years.

Note that these are just 3 months worth of PCN which are being wrongly chased.

Now apart from Mr Mustard how many people would still have all PCN documents from 2014 for something which it appears the council have abandoned. Less than 1% of the populace probably. There is definite prejudice being caused to motorists by Harrow Council. The biggest problem is for people who moved, who destroyed the paperwork as the PCN hadn't moved for a year and who find out by a bailiff clamping their car that Harrow Council have been extraordinarily dilatory but they are put into the position where they really have to pay to get the clamp off and they will be lucky to see a refund.

What possible explanation can there be for some incompetence by Harrow Council? Mr Mustard thinks there is a great sadness within parking departments of councils generally if they write off any PCNs so they tend to leave them sitting there and then have another go at them later, perhaps when a new manager arrives, or the contractor changes, so instead of doing the decent thing as councils should they resurrect the PCNs and cause great anxiety and inconvenience.

The other reason of course to bring PCNs back from their moribund state is the revenue they will raise although it won't be that great a percentage. It must be enough to make rootling around in the archives worth the bother, always assuming anyone has measured the cost benefit?

The trouble with local authorities is that it is assumed by parliament that they will exercise their powers in a reasonable manner but they won't all do so. There is a definite need for a PCN ombudsman with teeth who keeps local authorities honest, especially in London which issues the majority of PCNs in England.

Mr Mustard is still jousting with Harrow about the PCN that started all this. He will report on that once it is over.

Yours frugally

Mr Mustard

Parking ticket pursued in breach of Human Rights Convention

Here is a recent adjudication decision in respect of a PCN issued on 24 June 11 by Barnet Council. The pursuit of the PCN has been by NSL Ltd since they took over on 1 May 12 (although they may not have picked them up immediately which could be part of the reason for the delay). 

There has been a great deal of unexplained delay in this case.

The Notice to Owner was issued on 24th August 2011.

However the Charge Certificate was only issued on 22nd March 2013.

The Council has not given any explanation for the level of delay before issuing the Charge Certificate and obtaining registration of the debt at Court.

In my judgement there is a compromise of Article 6 of the Human Rights Convention here.

It is a problem for the Adjudicator to give a fair hearing in the case if the delay has potentially affected the recollection of events by either the Appellant or the parking attendant.

Also, for this enforcement to be lawful the Council has a duty to exercise its powers with reasonable expedition and fairness.

I note the case of R-v- Secretary of State for Home Department ex p. Doody (1994) (House of Lords) per Lord Mustill: "Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances".

I have also considered Davis-v-Royal Borough of Kensington and Chelsea (PAS 1970198981) where it was considered that a delay of more than 2/3 months in responding to an appellant's representations was prima facie evidence of unfairness in the absence of explanation.

I am not satisfied that the local authority has conducted the timetable of this enforcement with reasonable expedition and that, as a result, there is an unfairness.

For both of these reasons I find that the appropriate Direction here is that the Penalty Charge Notice must now be cancelled.

If Barnet Council are chasing you for a 2011 PCN and you are appealing to PATAS then quote this case (PATAS ref 2130453008) in support of your case. Any delay at any stage of the process of 6 months or more is in the Code of Practice issued by London Councils  (paragraph 170e) as a PCN that should be cancelled. The other phrase to quote is "justice delayed is justice denied". How can you be expected to now remember the circumstances of your parking on 24 June 11?

Don't take these old tickets on the chin; appeal against them and complain to your ward councillors about your Human Rights being abused. 

Yours frugally

Mr Mustard