Reversing the burden of proof in Newham

 

Here is a still image taken from the cctv record which led to two PCNs being sent in the post to Mr Niceman (not his real name) who takes his mum shopping in Newham as she has a blue badge and difficulties in walking. His sister has done the same kindness and also received PCNs.

 

We can see from the sign that any car displaying a blue badge (or in Mr Mustard's opinion containing a driver or passenger with a blue badge in their possession) is entitled to drive that way and not be given a PCN as they are exempt. Newham have reversed the burden of proof. They send you a PCN in the post which states that they believe a penalty is due. They don't genuinely believe that, they believe you passed the sign is all they can honestly believe.

The registered keeper had the worry of being liable for £130 and/or having to go to the independent tribunal if the council reject the representations and perfectly good representations get rejected every day.

In this case the representations were accepted:

There is an apology which is a good start but there will have to be apologies for the next decade unless something changes and this method of operation is all wrong.

Newham Council did not have to move the camera. If they had left it face forward and took regular, say monthly, photos of the signs most adjudicators would accept that as adequate evidence of what was there.

The council had a second option. Two cameras, one from behind and one focussed on the car as it goes through the signs which would show any blue badge on display, it is unlikely to show the expiry date clearly enough, but it would show the layout of a badge (cameras are getting better all the time so sufficient detail might be discerned). The council could also offer motorists the opportunity for residents to register vehicles which are regularly used to transport blue badge holders.

Newham Council need to think again. If a PCN is lost in the post, as does happen, the motorist is already at £195 and out of time to challenge when the Charge Certificate arrives. Then they have the worry of waiting for the Order for Recovery, at £205, before they have to swear a Statutory Declaration which entails a visit to a Solicitor (more inconvenience for being law abiding) and forking out £5 for the privilege of being innocent and a postal delivery going wrong.

The end.