Parking use standard letters

This is funny. When a PCN goes to the independent adjudicator, based at London Tribunals, the council in question have to produce certain documents which include a copy of the Notice of Rejection which refused the representation made in response to the Notice to Owner. Technically the Appeal is against the Notice of Rejection but naturally also against the alleged contravention itself.

 

In a case due to be the subject of an in-person hearing next week (Mr Mustard likes to eyeball the adjudicators and it is the most effective forum rather than by telephone or cases decided upon the papers alone) Newham Council have, in error, and amusingly, exhibited the template from which the Notice of Rejection is produced. There will be similar templates for most situations. The failure to produce a true copy of the Notice of Rejection should lead to cancellation for that reason alone.

The dates, times and alleged contravention are all inserted automatically. The template includes a reference to mitigation which was not pleaded. That is a giveaway that a template was used even without this proof.

What is interesting to note is that the discount is always offered again (unless there is a second template for rejecting at 100% which seems possible).

The paragraph about not paying and appealing at the same time is not legally correct. The Appeal will always be against 100% of the PCN. If you pay and file an Appeal, perhaps to be heard on the papers because you are going on a round the world cruise and so wouldn't want to miss the payment date, the Adjudicator will automatically order a refund if you win. What you can't do is make an Appeal and pay 50% in full settlement. Having your cake and eating it isn't allowed.

The unique appeal verification code isn't actually unique, it identifies a date and a type of PCN. Lots of people get sent the same code on the same day. If you lose your code you can get help to Appeal on line here. You can also start an Appeal by letter without needing a code.

Councils love to frighten motorists. When they write about an extra fee for registering the PCN as a debt at the County Court (which doesn't incidentally appear on your credit record) they are hoping you will think it is large. They are referring to the princely sum of £9. Also because of previous bad behaviour by bailiffs their fees are now set by law. £75 for notifying you they have a warrant they will enforce. £235 for any number of home visits. So, not a blank cheque to charge their 'own costs and fees'; only the fees set by law (still best avoided though).

The line 'it will then be too late to appeal further' is designed to put your off from doing anything but pay up. It is unfair. It is technically correct that if you miss a deadline you can be liable by default and that councils may disregard any representations made out of time but if something has gone wrong, such as you were in hospital or in prison for a short while, the council should give what you have to say some thought. The system is not intended to punish the innocent, although it often does.

It is a common error to write back to the council if you don't like what they say and by that means to time yourself out of an Appeal. Don't do it. Just start an Appeal as there is a one in 4 or 5 chance that the council will give up at that stage anyway.

The end.

 

Barking bus lanes now on the pavement?

True but irrelevant

Did you ever think that the council did not properly consider your representations and that the response was a template one? Well, in Barking & Dagenham Council that is certainly true as the PCN which was challenged was for a supposed bus lane contravention and the representations likewise but the response wrongly states that the motorist was parked on the footpath.

Mr Mustard will be handing in the Appeal form to London Tribunals tomorrow. He will give the council a chance to save £30 and cancel today once they have been pointed at this blog.

Incidentally the bus lane in question isn't properly signed, it is a notorious one.

Yours frugally

Mr Mustard

p.s. If the bus lane is empty as you approach, check the sign. Check it anyway every time as it might be reserved for buses at that moment but an empty bus lane is often a clue that it is in operation or that no car driver dare drive in it anyway just in case (which is when Mr Mustard can be found making good progress on the road). Watch out though in Baker St, W1. You need to be Sherlock Holmes to spot the times becoming more restrictive halfway down.

 Update 3 August 2017

The council wisely decided not to contest the Appeal at the tribunal but to cancel the PCN instead.