What is the point of PCN?

What is the point of issuing Penalty Charge Notices? It is to try and force behavioural change by exacting a penalty for wrongdoing so that you learn not to do it again. 

We must also look at the purposive nature of the restriction and not penalise anyone who innocently gets in the way because rules is rules (and because councils are addicted to the revenue).

In this case white van man (actually a highly skilled tradesman; Mr Mustard has seen some of his excellent work) lives in the private road which is behind him. At the closed end of the private road there is an entrance to the back of the school which the kids use. Thus the school keep clear markings are aimed at ensuring parents don't drop their kids off at the school 'entrance' except it isn't really an entrance to the school as the road is private and no vehicles may access the school by that route. The residents have had to chain their road off as that is the only way to keep out parents in cars. Each time the residents go in and out they have to unlock/lock the chain.

On the day in question the van stopped slightly further forward than normal and the driver has just put the wheels on the markings. The council computer or an 'officer' (member of staff) saw fit to issue a PCN (the footage is supposedly checked before the decision is made to issue a PCN, Mr Mustard doubts the common sense of the person who signed this PCN off in these circumstances) which was challenged by the driver / vehicle owner (one and the same).

The vehicle is registered to an address in the private road, the circumstances were clearly explained and cancellation was anticipated. Oh no, the council maintain that a contravention has occurred. Well it has but that doesn't meet the purposive nature of the keep clear markings. Part of what they said was:

The CCTV footage shows your vehicle stopped on the marked restriction.

The circumstances do not warrant an exemption to the contravention: vehicles' (sic) must not stop on the markings. The yellow road markings are in place to keep entrances clear and safe for children coming in and out of schools. I would advise that you park off the markings to exit or enter the road.

Question. Are the children safer if the van stops 0.5m short of where it did? 

Answer. No.

Question 2. Are the children safer if the van moved forward 5m and stopped in the road?

Answer. No, and the traffic will be disrupted.

Question 3. Is the marking aimed at residents of the private road?

Answer. No, of course not.

Question 4. Is the council addicted to raising revenue from motorists.

Answer. Oh, yes.

The PCN is now going to the tribunal where an independent adjudicator will rule on the matter. Mr Mustard has now taken over, whizzed up a skeleton argument and will attend the hearing in due course.

Technically the motorist is in the wrong but this is a situation that was crying out for a warning PCN for £0.00 but the council don't make any money out of those. Although they send warning PCNs for the first 4 weeks of any new location being enforced by camera clearly white van man didn't overshoot during that time (or the enforcement may have started when the schools were closed during which time school zig zags are not enforced although the policy says they are).

This is the sort of bureaucratic pettifogging revenue raising pointless PCN which does the council's reputation no good at all.

Yours frugally

Mr Mustard

Warning PCN

This parking deserves a warning PCN

The above example picture isn't from the client who contacted Mr Mustard today with whom this short but rapid this exchange of emails took place:

I have a question regarding a parking ticket I was issued yesterday.
 

I was little over blocking a drive (the car was still able to get out) however I was issued with a PCN.

The amount on the ticket is £0.00

Have you ever dealt with this peculiar situation before?

I am not sure what to do, as even on line the ticket is on the Barnet council website with pictures but again there is no payment due.

I was driving a hire car so maybe that is reason...?

Please advise as to what is best to do.

Many thanks in advance for your fantastic work!

That is easy. The ticket code probably has a W next to it and that stands for warning. That is a sensible approach by the traffic warden, to mark your card for you as to your mode of parking so that you don't do it again.

All you need to do is to park more considerately (ouch!) in future. Imagine you are the person trying to back out of the drive in question. How much space would you like?

If only the council would do this more often or perhaps they are doing?

It is irrelevant whether the car can get in or out of the drive you are over-hanging, all that matters is whether or not any part of your car is adjacent to, i.e. abuts, the part of the kerb where the pavement or crossover and the carriageway are level with each other.

That's brilliant!

Just seen there is only 'W27 Parked in a special enforcement area adjacent to a foot way, cycle track or verge lowered to meet the level of the carriageway'

I definitely will be more careful next time!!

Thanks for your speedy response

Enjoy the sunshine!

Councils who want to educate motorists to not park in contravention such as adjacent to dropped kerbs and/or on the pavement when not allowed would do well to issue more of these warning PCN along with leaflets explaining what you did wrong and what to do in the future. It would hammer their income but if they want to keep saying that the ideal is zero PCN then they need to start educating motorists about common errors.

Warning PCN are issued for the first 28 days at newly under camera moving traffic locations in Barnet (14 days is the minimum required) so if you consistently turn left where you shouldn't and a camera is installed you should get a warning to change your behaviour before you are shelling out £130 a day (if you cheat every day on your commute).

So if you get a Warning PCN you now know what to do, take a look in the mirror and change your behaviour.

Yours frugally

Mr Mustard