Barking v Newham (Newham won).

 

Van starts to turn at about 7:52:42

Always fun to read the infighting between two traffic authorities to see who wins and why but many readers will think it is futile point scoring at a cost to the public purse.

This was the register entry from the independent adjudicator which caught Mr Mustard's eye.

Here, from the text of the decision, we can see what happened. One could be forgiven after stopping for failing to remember you passed a no u-turns sign a few minutes ago.

Mr Mustard obtained much of the file from Barking Council because it was caught under Freedom of Information as both parties are subject to FOI. Newham were pretty sure to lose at the tribunal because the restriction was well signed and the van did end up facing in the other direction. You might think it a bit unlucky to be caught at 7:53 a.m. but operators will be on duty if there is money to be made and computers don't sleep, they watch you go wrong 24 hours a day.

Here is what Newham's defence was 

'I did not perform a u-turn. The vehicle was stationary for 5 minutes. I then performed a legal 3 point turn. Under current legislation it's called a u-turn because you are able to turn your vehicle round to face the other way in one movement without using a three-point turn manoeuvre.'

That was a self serving interpretation of the mischief that the sign is intended to prevent. The flawed approach means that someone at Newham (it might be the driver or the council) has had to pay £130 to Barking of which c.£30 went on a tribunal fee. Still a hefty and simple net profit for them but Mr Mustard checked and it hasn't been paid.

Barking were on the case with the processing. The adjudication decision was made on 12 September and provided that email was chosen for communications the decision would have been served on Newham on 13 September. They then had 28 days to pay up, starting with 13 September as day 1. They didn't and on the 29th day Barking issued a charge certificate and put the bill up to £195 where it remains today.

Get the popcorn in, this may end up with a bailiff and the van will be hunted for to be clamped.

The good news for the public is that councils don't discriminate in whom they pursue, they will take anyone's money including another council's.

The end, for now.
 

Unconscionable delay but a conscious decision to pursue

Unconscionable - definition: not right or reasonable. 

(and if wholly unreasonable a good ground for claiming costs)

Yet another old PCN given the kiss of life but simply a waste of the motorist's time and the £40 fee that Barnet Council have to pay to PATAS at which the adjudicator wasted no further time:

 

The allegation in this case is that the vehicle was parked without payment of the parking charge. In her Notice of Appeal submitted in September 2013 and subsequent correspondence Miss T. does not dispute this but says that she has only recently been asked for payment, despite the allegation dating back to 21.05.11. She says that the matter has been considered by Northampton County Court which ordered that the penalty charge be cancelled. The PCN had the serial number 'AG630038621'.

The correct serial number for the PCN in this case is 'AG63003862'. I do not know why the order of Northampton County Court refers to AG63003862 1' but I am not satisfied this is of any significance (Mr Mustard has seen this on another case, perhaps a 1 is put on the end of all references). As the order itself made clear it 'does NOT cancel the original Penalty Charge Notice'. (Indeed, filing a witness statement TE9 puts the PCN back to the beginning).

However, I am concerned at the delay in prosecuting this matter. The Enforcement Authority have provided a chronology which shows that a Charge Certificate was requested by the Enforcement Authority's system on 06.09.11 but that no further step was taken until 16.01.13. The Enforcement Authority have not explained the delay which I am satisfied is unconscionable and accordingly I allow the appeal.

 

The 2011 PCN still being pursued are the subject of an objection by Mr Mustard to the signing off of the Annual Accounts of Barnet Council by the external auditor. With a continuing number of decisions like this one let's hope that the auditor comes to a sensible decision or the Ombudsman will have to also consider the matter.

 

Yours frugally

 

Mr Mustard 

Yak Yak, Rabbit Rabbit

Mr Mustard chaperoned Mrs Angry today on a visit to the North London Business Park to audit the Members' ( i.e. Councillors' ) Register of Interests. This was carried out in the largest conference room as all of the smaller more suitable meeting rooms in building 4 were engaged. The official Barnet Council chaperone, bloggers cannot be trusted to be left with a public register for even a second, didn't know how to operate the heating in the room so after 2 hours it was chilly enough for a gritting lorry to pass through. Mrs Angry will report in due course on what wasn't in the Register.

Recently Mr Mustard had cause to ask a Freedom of Information question about the Corporate Management Group which meets quarterly and he had read somewhere was comprised of the 100 most senior managers. Mr Mustard is about to give you a list of them but first let us have a suitable musical interlude.

So here is the list of the 145 managers who attend the quarterly talking shop.

Directorate	Job Title
Adult Social Care & Health	Service Manager
Adult Social Care & Health	Customer Care and Business Manager
Adult Social Care & Health	Head of Strategic Commissioning and Supply Management
Adult Social Care & Health	Head of Performance
Adult Social Care & Health	Joint Commissioner, Mental Health and Learning Disabilities
Adult Social Care & Health	Head of Practice and Mental Health
Adult Social Care & Health	Project Manager
Adult Social Care & Health	Service Manager, Learning Disabilities Social Care
Adult Social Care & Health	Associate Director, Joint Commissioning
Adult Social Care & Health	Customer Finance Manager
Adult Social Care & Health	AD Transformation and Resources
Adult Social Care & Health	Director Adult Social Care and Health
Adult Social Care & Health	Service Manager, Older Adults Community
Adult Social Care & Health	Head of Supply Management
Adult Social Care & Health	Interim Category Manager
Adult Social Care & Health	Deputy Director
Chief Executive	Chief Executive
Chief Executive	Deputy Chief Executive
Chief Executives Service	Strategic Communications Manager
Chief Executives Service	Head of Insight
Chief Executives Service	Strategic Policy Officer
Chief Executives Service	Strategic Policy Officer
Chief Executives Service	Assistant Director, Barnet Communications
Chief Executives Service	Head of Customer Service Transformation
Chief Executives Service	Media Manager
Chief Executives Service	Interim Head of Customer Services
Chief Executives Service	Assistant Director - Strategy & Policy
Chief Executives Service	Commissioning Manager
Chief Executives Service	Assistant Director, Customer Services
Chief Executives Service	Head of Performance
Chief Executives Service	Head of Registration and Nationality Service
Chief Executives Service	Internal Communications Manager
Chief Executives Service	Head of Revenue and Benefits
Chief Executives Service	Assistant Chief Executive
Chief Executives Service	Performance Manager
Children's Service	Head of Youth & Connexions
Children's Service	Manager, Youth Offending Service
Children's Service	Principal Educational Psychologist
Children's Service	Catering Manager
Children's Service	LNI
Children's Service	Divisional Manager, Safeguarding
Children's Service	Project Manager
Children's Service	Divisional Manager, Complex Needs
Children's Service	Director of Children's Service
Children's Service	Deputy Director, Safeguarding
Children's Service	Acting Head of Social Care
Children's Service	Assistant Director, Schools & Learning
Children's Service	Acting Div. Manager Complex Needs
Children's Service	BRSI Manager
Children's Service	Assistant Director, Children's Commissioning
Children's Services	AD Childrens Social Care
Children's Services	AD Policy, Performance and Planning
Commercial Services	Head of Estates
Commercial Services	Head of Corporate Procurement
Commercial Services	Project Assurance
Commercial Services	AD - Estates
Commercial Services	Commercial Services Director
Commercial Services	Project Manager, New Support Organisation
Commercial Services	Valuation Team
Commercial Services	Strategic Planning Manager
Commercial Services	Acting Head of IS Service Delivery
Commercial Services	AD Transformation
Commercial Services	Project Consultancy Manager
Commercial Services	Service Lead, NSCSO project
Commercial Services	Assistant Director, Commercial Assurance
Commercial Services	Corporate Programmes Manager
Corporate Governance	Openess & Transparency Manager
Corporate Governance	Divisional Manager - Advocacy (job share)
Corporate Governance	Overview & Scrutiny Manager
Corporate Governance	Acting Emergency Planning Manager
Corporate Governance	Cabinet Advisor
Corporate Governance	Head of Governance
Corporate Governance	Acting CAFT Manager
Corporate Governance	Head of Risk & Insurance
Corporate Governance	Divisional Manager Advocacy (job share)
Corporate Governance	Director of Corporate Governance
Corporate Governance	Assistant Director, Legal
Corporate Governance	Divisional Manager - Community
Corporate Governance	Divisional Manager - Commercial
Corporate Governance	Business Governance Manager & Deputy Head of Governance
Environment, Planning & Regeneration	Regeneration & Transport Manager
Environment, Planning & Regeneration	Regeneration Development Manager
Environment, Planning & Regeneration	Assistant Director
Environment, Planning & Regeneration	Highways Manager (Network Management)
Environment, Planning & Regeneration	Major Developments Manager
Environment, Planning & Regeneration	Area Planning Manager, Finchley & Golders Green
Environment, Planning & Regeneration	Head of Planning and Development Management
Environment, Planning & Regeneration	Acting EMS (Operations)
Environment, Planning & Regeneration	Waste & Sustainability Manager
Environment, Planning & Regeneration	Area Planning Manager, Hendon
Environment, Planning & Regeneration	Area Planning Manager, Hendon
Environment, Planning & Regeneration	Homeless Persons Manager
Environment, Planning & Regeneration	Planning IT Services Manager
Environment, Planning & Regeneration	Design & Heritage Manager
Environment, Planning & Regeneration	Enforcement and Appeals Manager
Environment, Planning & Regeneration	Assistant Director
Environment, Planning & Regeneration	Business Development Consultant
Environment, Planning & Regeneration	DAAT Manager
Environment, Planning & Regeneration	Group Manager Community Protection Group
Environment, Planning & Regeneration	Housing Strategy & Business Support Manager
Environment, Planning & Regeneration	Area Building Control Manager
Environment, Planning & Regeneration	Planning Policy Manager
Environment, Planning & Regeneration	Acting Assistant Director Housing and Environmental Health
Environment, Planning & Regeneration	Parking Manager
Environment, Planning & Regeneration	EMS Transport
Environment, Planning & Regeneration	Environmental Service manager (Residential)
Environment, Planning & Regeneration	Interim Services Manager
Environment, Planning & Regeneration	Enforcement Manager
Environment, Planning & Regeneration	Business Performance & Development Manager
Environment, Planning & Regeneration	Area Planning Manager, Chipping Barnet
Environment, Planning & Regeneration	Highways Manager for Traffic & Development
Environment, Planning & Regeneration	Housing Support Service Manager
Environment, Planning & Regeneration	Information Manager
Environment, Planning & Regeneration	Senior Engineer
Environment, Planning & Regeneration	Housing Performance Manager
Environment, Planning & Regeneration	Head of Strategy (Planning & Housing
Environment, Planning & Regeneration	Area Building Control Manager
Environment, Planning & Regeneration	Changes Innovation Manager
Environment, Planning & Regeneration	Manager, Greenspaces
Environment, Planning & Regeneration	Principle Project Manager
Environment, Planning & Regeneration	Interim Director Environment, Planning & Regeneration
Environment, Planning & Regeneration	Regeneration
Finance	Head of Treasury
Finance	Assistant Director, Financial Services
Finance	Head of Finance - EPR and Corporate
Finance	Assistant Director, Strategic Finance
Finance	Head of Finance, SAP systems, Closing & Monitoring
Finance	Head of Projects Finance
Finance	Exchequer Functions
Finance	Assistant Director, Finance
Finance	Head of Finance - Adults and Children's
Finance	Head of Strategic Finance
Graduate
Graduate
Graduate
Graduate
Graduate
HR	Health & Safety Manager
HR	Interim AD People
HR	Head HR Business Partnering & Change
HR	Head of HR Service Delivery
NHS Barnet	NHS Barnet
NHS Barnet
NHS Barnet
NHS Barnet

Directors in blue, Assistant Directors in magnolia and everyone else on a white background in case you were wondering.

So Mr Mustard asked to see the minutes of this talking shop to be told that there aren't any. Just to be sure he has asked to see any written record whatsoever and if there isn't one he will let you know.

Do you suppose this is the only meeting of lots of management that takes place? Well, there are the FirstStat meetings. FirstStat?

Meetings held by the Chief Executive to challenge and discuss performance issues against corporate priorities.

Mr Mustard is fairly sure that non-stick won't be sat in a room talking to himself. These are held roughly every 2 months. The last one that Mr Mustard knows about was on 13 December 2011 and was in order to look at Barnet’s response to the pan-London disorder: August 2011. Mr Mustard hasn't asked how many people are obliged to attend FirstStat meetings as he can see already see that there are too many meetings involving too many poeple without having precise statistics.

Let us not forget the Council Directors Group which presumably only involves Directors although Mr Mustard won't be surprised if it also includes Assistant Directors. There are minutes to this group which meets fortnightly and Mr Mustard has asked to see them. They have to be redacted and a long delay is on the cards.

Mr Mustard expects that he will receive emails telling him of other regular talking shops that go on. There was one on Monday 30th January 2012. Mr Mustard does not think it achieved much but it was most illuminating. You will need your hankie to dab your eyes with as it is a corker (non-stick has forgotten that jokes are usually on Fridays but perhaps he had to do something important like check the number of available car parking spaces. Mr Mustard didn't even try and enter NLBP in the car; he committed the heinous crime of parking in a side road where there was plenty of room and all for free)

And now a message from a little cheese:

On Monday morning a big management meeting was called, whereby the Big Cheese waxed lyrical about how great Barnet is and how other councils are queueing up to learn from Barnet (oh dear Mr Mustard is rolling around on the floor laughing hysterically; How not to do it is what they come to find out), how they are not going to go back on a decision made two years ago. It was all very over the top. Here is proof that the wheels are starting to come off of the OneBarnet bandwagon.

That's enough on boring meetings.

Yours frugally

Mr Mustard

Is it worth the time to write to your MP ?

Is it worth your time to write to your MP ?

From: Mrs X
Sent: 05 December 2011
To: FREER, Mike
Subject: Parking

Dear Mike Freer

I was talking to one of our High Street shopkeepers in North Finchley recently and he told me that thirty shopkeepers had met with Barnet Council to discuss the problem of parking. As you know Barnet Council have withdrawn all their meters and left the motorist having to pay by mobile, that is if they can, or if they even possess one. The shopkeepers told the Council that some shops had lost 40 per cent of their trade and would soon be put out of business because of the fall in customers due to the parking difficulties. Apparently the Council members just laughed at them and said that however much the shopkeepers protested, the Council were not going to change their minds.

What I cannot fathom is the lack of understanding on the part of the Council. First of all, there have been so many complaints on this subject, including from the local Press, and I am sure your postbag is full of letters such as mine, that anyone with any common sense should realise that what the Council is doing is wrong. Surely the Council is there to serve the people of Barnet not to obstruct them. Do we not live in a democracy?

Secondly, where is the logic in putting the high street traders out of business? Shops will close and the Council will not receive any rates, and the more shops that close, the more will follow as shoppers will start to go elsewhere, (a) because of the parking problems and (b) because of the lack of shops.

Thirdly, the Council has now had the £27 million returned to it from Iceland. How can they justify all these cuts and the necessity to make more money from parking.

Fourthly, anyway the Council will end up receiving less in parking income because of the above.

As you were formerly Leader of Barnet Council, perhaps you can understand the mentality of this intransigence? More importantly, is there anything that can be done about it?

I look forward to hearing your thoughts on this matter.

Sincerely

and the reply

Mike Freer MP
Conservative Member of Parliament for Finchley & Golders Green
House of Commons
London SW1A 0AA
020 7219 7071 (Westminster) & 020 8445 5875 (Constituency)

Dear Mrs X,

Thank you for your email.

The pay & display machines were at the end of their life and replacing them across the 17 major town centres and many secondary shopping parades would have cost £1m hence the move to payment by phone. 

I have no real objections to the payment by phone (most Councils operate this system) BUT the changeover should have been accompanied with other payment by cash alternatives and a proper information campaign. The Council has now introduced two alternatives. Local shops that offer the pay point service (see www.paypoint.co.uk) can take payment for parking using cash. In addition the Council have just introduced a scratch card type system that people can buy from the Council and I believe this will be extended allowing shopkeepers to buy them and sell them (or give them away./discount them) in their shops. These additional are sensible but should have been done at the same time as the introduction of payment by phone.

With regard to Business Rates, the Council doesn’t receive business rates. Once collected they are paid over to the Treasury.

The deposits recovered from Icelandic banks is capital not revenue (income). Capital can be used to fund services but only whilst the capital lasts. Eventually the spending has to stop or income has to be increased to replace the capital used. For example if my salary is not covering my living expenses and I have some savings then I can use by savings to top up my salary and pay for living expenses. Once the savings have been exhausted I have to cut my spending. Hence Councils use the capital for spending that doesn’t have to repeated – building new schools or resurfacing roads.

Sincerely

Mike Freer

and now let's look again at the questions posed by Mrs X.

Do we not live in a democracy? 

A. No answer

Secondly, where is the logic in putting the high street traders out of business?

A. No answer

How can they justify all these cuts and the necessity to make more money from parking.

A. No answer

 

As you were formerly Leader of Barnet Council, perhaps you can understand the mentality of this intransigence? More importantly, is there anything that can be done about it?

A. No answer

Mr Mustard's conclusion. Mr Mike Freer, MP, doesn't care about residents or shopkeepers and besides, he can't really interfere in what Barnet Council choose to do; Barnet Council might listen to his opinion as a resident who happens to be the MP but they don't appear to listen to anyone. Mr Freer has not 1 but 2 parking permits that let him park anywhere for free in any CPZ in Barnet.

The letters were reproduced with permission from the Finchley Arrow website which is a non-political organ and not associated with any remarks made by Mr Mustard. Mr Mustard's remarks on this matter are not political either, he is more appalled at the clueless way in which parking meters have been removed and the inept implementation of (almost) cashless parking than by one email from a politician which doesn't answer the questions or offer any helpful suggestions or empathise in any way.

Yours frugally

Mr Mustard