Showing posts with label independent adjudicator. Show all posts
Showing posts with label independent adjudicator. Show all posts

5 March 2023

Bus stand exemption

Mr Mustard can see two bus stands in this road and below is one of them.


The bus stand is on the left adjacent to The Long Room bar and hotel, which is close to Amen Corner, one of the landmarks of Tooting, an area which Mr Mustard used to know quite well.

Here is the decision of an independent adjudicator at London Tribunals.

Mr Mustard hadn't, despite 13 years of fighting PCNs, ever heard of an exemption being given to an organisation, whether or not a charity providing food to those in need, to park on a bus stop or stand. It turns out this is a stand where buses might remain during a driver's hours break or similar.

A typically miserable council stance thet the driver wasn't with the vehicle but it is impossible to collect or deliver goods without leaving the vehicle and as a traffic warden can arrive, issue a PCN and be gone in less than a minute that is an awful lot less than the time it takes to wheel a pallet load of goods 200m to the relevant place and return.

Interesting exemption, as there is a loading bay opposite the bus stand.

If you collect and deliver goods and find there are locations at which you can never park legally the best option looks to be to ask the local authority to give you an exemption for where you would like to park.

The end.

6 August 2013

Permit me - to be very slow


Here is a report from an independent adjudicator at PATAS

As a matter of fact the appellant did not display his business permit and the contravention is made out since he had parked his vehicle without paying the appropriate parking charge. However, there are a number of factors in this case which lead to make a recommendation to the Authority to cancel the PCN.
 
The appellant did not have dispensation to park because at the time of parking he had not yet received his business permit. Nevertheless, I note that he applied for the permit on 11 th March 2013 and had paid £840 for the business permit which would be valid for 12 months. On 19th March 2013 the appellant still had not received his permit so contacted the Authority with an original intention to cancel the permit due to delay, but the permit was never cancelled and the appellant was informed that the permit would be despatched on 28th March 2013.

Unwisely the appellant parked his vehicle prior to receipt of the permit and on 21st March received a PCN. 

The appellant could not have displayed his permit on 21st March because at that time he had not received it even though it had been paid for by the appellant. When despatched the permit was valid for 12 months until 11th March 2014 which implies that the application and fees were received on 11th March 2013. The appellant may have acted naively, but he had paid for the permit prior to its despatch as the expiry date implies. He will no doubt have learnt his lesson and will not act presumptively in the future.

I accordingly refuse the appeal but make a recommendation that the PCN be cancelled.

This worries Mr Mustard that if the permit section are dealing with refunds of the CPZ overcharges they will not be able to cope as they can't deal with a simple renewal.

The business is paying £840 for a permit and the council cannot manage to get it out the same day. The council should be sending the permit to the business by courier on the same day as a valid application is received. The council want their business rates paid on time, not 3 weeks later; why should you stand for such sloppy service?

Mr G of High Barnet, the council owe you either a 3 week extension on your permit renewal date or a refund of £49. Make sure you get it.

Yours frugally

Mr Mustard