Barnet Council / NSL - too hasty

Here is a recent independent adjudicator decision from London Tribunals. The adjudicator has to decide whether or not a contravention occurred, he cannot cancel because he believes the PCN is legal but ridiculously harsh (and Mr Mustard doesn't know what he did think, his hands were tied).

So here we have a man who got back into his car and left within 60 seconds of the single yellow line coming into operation. That does not warrant a penalty of £130, more than £2 a second.

London Councils, the umbrella body for councils in London, has issued a handbook for Civil Enforcement Officers (traffic wardens) which says this PCN should not have been issued. There is no enforcement of that handbook as London Councils have no legal powers to impose it.

This PCN was issued before Labour came to power in Barnet but the decision to contest the tribunal hearing was afterwards. Mr Mustard is going to bring this case to the attention of the councillor with responsibility for parking as a less harsh regime is necessary and fair. It is tickets like this which really set the public against a council.

The end.

Predatory tactics & time to read signs

This location has already appeared in the local Barnet Times paper and Mr Mustard has been so busy fighting PCN that he hasn't had time to write many blogs. Here is a photo of the location:

This is at the southern end of Grahame Park Way and the parade is called Heath Parade, NW9. It is a known hot spot for the rapid issue of parking charges at £100 a pop (including on pepipoo).

Mr Mustard's client fell foul of this on 27 January. Here is the story in pictures.

Stop the car, open the door and start to read the sign.

Realise after 5 seconds that you are in an area in which you cannot remain.

3 seconds later, get back into car, close door, fasten seat belt, start engine

 

3 seconds later still, look over shoulder and decide to open window for a better view

4 seconds later, release hand brake and start to move off

Here is the sign which is very high on the wall, contains quite small print and which, according to the Code of Practice of the IPC, motorists must be allowed sufficient time to read so they can make an informed decision as to whether to stay or go. Clearly Mr Mustard's client quickly made that choice and left after 15 seconds.

The same day PCN, Parking Control Management (UK) Ltd sent in the post a parking charge for £100.

Mr Mustard plans to make a complaint to PCN and to their authorising body the IPC (from whom the Parking Prankster, the expert in this field, probably doesn't receive a Xmas card).

Mr Mustard also plans to chase up Barnet Council to get on with taking over this piece of land and the others in the same development which was part of the planning permission.

Mr Mustard has already complained to Barnet Council, as the highway authority, about the words 'loading only' which are painted on the public highway for the benefit of a private company; now that just isn't right. Enforcement by the council at this location would not be by having someone, in casual clothes, standing there all day and pouncing, like a tiger, on anyone who stops for an insignificant amount of time but by clearly identifiable uniformed traffic wardens.

Also in the Code of Practice it says that parking companies should not engage in predatory tactics. Clearly, this instance was such an event and there are many others.

Yours frugally

Mr Mustard