12 August 2013

The Parking Code and morality

Penalty Notice Charge Days
Charge to Certificate NtO to
Notice Owner
CC
15/04/2011 21/07/2011 29/01/2013 558
18/04/2011 18/08/2011 05/02/2013 537
24/04/2011 03/08/2011 09/01/2013 525
11/05/2011 25/07/2011 30/01/2013 555
03/06/2011 16/08/2011 05/02/2013 539
24/06/2011 23/08/2011 05/02/2013 532
25/06/2011 23/08/2011 05/02/2013 532
06/07/2011 06/09/2011 06/02/2013 519
08/07/2011 06/09/2011 06/02/2013 519

Last Saturday at PATAS there were 8 cases that had been dredged up by Barnet Council from 2011 and in all of which they lost. It wasn't specifically mentioned by the Adjudicator who was generally unhappy with the delay but para 170e of the London Councils Code of Practice on Civil Parking & Traffic Enforcement says (emphasis added):

PCNs should be cancelled:-

where there has been an undue delay at any stage in processing of the PCN. This would certainly be the case with any delay exceeding 6 months, but even shorter delays may be considered unreasonable, for instance if they contribute to a motorist being unable to make detailed representations or present a case for appeal
The chart above shows 3 consecutive steps in the process (there may be representations after the Notice to Owner but they have to be submitted within 28 days and any rejection within a further 56 {why do the council get twice as long as us to react?}) so the maximum time between the Notice to Owner and the Charge Certificate is 183+28+56 = 247 days or thereabouts. The council were 300 days behind the ball.

Mr Mustard is unhappy that the council is continuing to chase old parking tickets as justice delayed is justice denied, most people will have destroyed their paperwork by now, and they can't reasonably be expected to remember what they were doing on, say 15 April 2011.

Mr Mustard has written to the leader of the council, Richard Cornelius and the cabinet member with responsibility for parking, Dean Cohen, and asked them to justify this chasing of PCN that should have been cancelled as he thinks it is immoral.

A Code of Practice should be followed just like the Highway Code should be (the council often quote from the Highway code in their case summaries saying why a parking ticket should be upheld).

If Mr Mustard gets a sensible answer he will blog it.

Yours frugally

Mr Mustard

11 August 2013

Don't believe everything you read in the papers


Mr Mustard reads the Guardian but in the great tradition of Private Eye he is going to cancel his subscription after he read this article. The title "The One Barnet campaign shows local democracy is alive and well" has seen the word "democracy" replaced by"campaign" except that it can't come out of the url address. The bloggers of Barnet don't seem to agree nor are they amused. There are plenty of bloggers and activists to talk to before you write an article about a place you don't know. Mr Mustard has copied the article across and added his commentary.

Despite widespread, fierce and well publicised local objection, the One Barnet programme rumbles on. The One Barnet programnme is little known because the public weren't consulted or told about it much. The outsourcing of parking enforcement to NSL on 1 May 12 is a One Barnet contract. Who knew? Go to any High Street in the borough of barnet and ask the question, "Can you tell me what One barnet is?" and be surprised that only 1% of the populace do.


This month a judicial review into the scheme, brought by local campaigners angered by what they described as a wholesale privatisation of essential community services, failed when the Court of Appeal found in favour of the council. Actually the JR was brought by Maria Nash alone supported by her many friends.

Despite its misleading name, the controversial scheme is not a single sale of services in one contract. What One Barnet isn't about is not news. Here is what the council say One Barnet is, link here.
One Barnet is the overall name for the major change projects running across the council.

It is the creation of two major, multi-million pound agreements between the local authority and Capita, forming a public-private partnership, which will revolutionise how we consider our councils to have administered their responsibilities. Judge Underhill said that it wasn't a partnership in the usual sense. Mr Mustard says it is simply two massive outsourcing contracts.

The first 10-year deal creates a £130m joint venture between Barnet and Capita to provide the majority of the council's visible services: planning, regeneration, environmental health, highways, transport and trading standards are all rolled into the major restructure. The Joint Venture idea was discounted at the very start of the negotiations and was the result of a sudden change of direction by Officers (staff) the real reason for which will only become clear later.

The second deal, also lasting a decade and worth an eye-watering £350m, is a straightforward commercial contract through which Capita will provide "customer and support services" to Barnet – in layman's terms, the back office (estates, payroll, human resources, IT and the like). Importantly, the council included customer services and revenue and benefits administration in this contract, with the inherent risk to reputation that contains. The sum is large but is only eye-watering if it is much higher or larger than you would expect. As the price breakdown is commercially sensitive we won't find out easily. Customer services and Revs&Bens are not "back office" services. They are clearly customer facing. Why should councillors who can resign and leave the problems they cause behind them at any moment (and might be forced to in May 2014) be fretting about reputation?

Trowers & Hamlins, the legal firm operating on these deals on behalf of the London Borough of Barnet, is right to describe these contracts as "groundbreaking" and "cutting edge". Once we finally see the (redacted) contracts a view can be taken on this. This legal firm must have advised on what consultation with residents was necessary and Judge Underhill was clear that consultation was inadequate.

Make no mistake, the pace of change sparked by the Court of Appeal decision will be rapid. Mr Mustard very much doubts that the steps taken in Barnet to abdicate responsibility for contracts will be widely replicated in 10 year contracts all over the place as they limit the ability of a council to respond quickly to changes.

This week inaugurates a new era of local government, and changes what is meant by the term "council". Nonsense. The role of councils is clear; it is to provide local services, all that has happened is that one council has embarked on two contracts which probably won't run their entire course or lead to the promised savings.Ideological rifts aside, local authorities are in an insidious position, having lost almost 40% of their pre-2010 budget. Er, invidious, was that? Councils have not lost 40% of their budgets in 4 years. They might have had that level of cut in their central government funding but that is to ignore income from services provided and locally collected Council Tax which in Barnet's case they have chosen to freeze for 5 years. A modest inflationary increase would have seen more money in town hall coffers.

For many, balancing the books while continuing to provide even only the most essential services (child protection and care for an ageing population, for example) requires a dramatic re-think of what local services are and how they should be provided. This isn't what has happened in Barnet.

Though it may provoke local battles, there is no alternative but to work with new providers and in new ways. There is an alternative. To become the most boring, ruthlessly efficient council in the country.
Barnet's two-contract agreement will be the first of many similar efforts across the country, and these agreements will change the meaning of local government. We'll see.

To an extent this shift has already begun, but the fantasy that the drawbridge could still be brought up can no longer be indulged. Outsourcing is a trend which will stop when it dawns on councils (South West One anybody?) that the promised savings are not achieved and that if you want to add anything extra it costs you dear as you are over a barrel and that if you want to change anything you have to negotiate a contract change which is too slow.

But though change is inevitable, it must be tracked and monitored. Agreed but how open and transparent are the council? Barnet will do their utmost to make sure they keep the lid on contract failures.

We must understand exactly how the way councils work is changing, and assess what this means for the quality of service provision and how residents interact with local authorities. Forced channel shift is one of the pleasures awaiting old people in Barnet where last year they tried to make all Blue Badge holders apply for renewals on line. Thanks to Mr Mustard a manual form is now available again.

What will it mean for local accountability? Local accountability will go as councillors won't be able to talk to officers locally about a problem.

Who will be the strongest players and decision makers in our local communities? Capita will.

We must know who is doing what, with whom, and how well it is considered to be working – by the residents, not just by the bean counters. The annual survey of residents will make interesting reading once Capita have been in place for a year.

Much has been made of what the One Barnet affair means for local democracy. As well it should. The next crop of councillors in May 14, whoever they are, are largely stuck with a contract they may not want, and in May 2018 & May 2022.

Some will claim that the decision of the Court of Appeal flies in the face of the ideals of democracy, as the local authority ploughs ahead with its plans despite the visible objection of so many residents. The Judicial review was merely a test of whether the council had followed the law or not; it was not a judgment about democracy.

Rather, I'd argue that the campaign against the contracts has re-ignited local interest in local government and public services, and what they mean for us all. Almost with you on this point. More local interest is still needed though as I think the percentage of involved voters is still only at the 1% mark. Mr Mustard was late to the party in 2011. Voter turnout is pretty poor.

Local democracy is alive and well: if they don't like what they see, the people of Barnet will make their voices heard at the ballot box next year. Democracy in Barnet is in a parlous state. A democratic council does not change the rules of residents forums so that questions cannot be asked about policy. It does not disband the scrutiny committee that was set up to look at One Barnet. It allows residents to speak at committees (no-one has been allowed to speak at Cabinet Resources Committee since Cllr Dan Thomas, one of the sponsoring councillors of One Barnet, took over). A democratic council clearly tells its residents what it is doing. The ballot box in May 2014 is a blunt instrument. By this measure we can only have a democratic voice once every 4 years which is simply not good enough.

Next time, come and meet a blogger or activist before you put pen to paper. Then you'll get both sides of the story.

Yours frugally

Mr Mustard


9 August 2013

Social & PCN club - Monday 12 August at 7pm


Usual place : The Bohemia at North Finchley, the community pub.

Usual time: 7pm till 9pm or so.

Usual chat: about anything at all that you like, in a group or two of you sat quietly in a corner, whatever.

If you have a PCN that you want to ask Mr Mustard about then pop along with all, and I mean all, of your paperwork. You will get a candid assessment of your chances of getting it cancelled.

Yours frugally

Mr Mustard

8 August 2013

CPZ permit reminder

click to enlarge

Mr Mustard thought you might like to be reminded who got us into this CPZ permit price mess so off he went and did some research. The above table is from the agenda for a meeting of Cabinet Resources Committee of 11 January 2011 and the following councillors were present;

Chair: Daniel Thomas
Members : Andrew Harper, Richard Cornelius & Robert Rams.
Brian Coleman was absent.

A petition with 2324 signatories opposing the increase in motoring taxes was received by the Committee. An addendum to the Cabinet Member’s report was tabled at the meeting; and for the reasons set out in the Cabinet Member’s report, the Committee

RESOLVED – That the fees and charges for Environment and Operations, detailed in the appendices to the Cabinet Member’s report, be approved in principle, but for the final decision to be taken by Cabinet on 14 February 2011 following full consideration of the detailed outcomes of the budget consultation and any responses received. The fees and charges will take effect as soon as reasonably practicable.

Let us move on then to the Valentine's Day meeting of Cabinet which was prior to Richard Cornelius becoming leader.

Members, in alphabetical order of surname:

Melvin Cohen
Brian Coleman
Richard Cornelius
Andrew Harper
Helena Hart
Sachin Rajput
Robert Rams
Joanna Tambourides
Daniel Thomas

Mr Mustard was not present but doubtless everyone said aye.

The report included the following at para 9.1

The fees and charges levied on users of Council services have been reviewed as part of the development for the 2011/12 budget and Council tax setting. Fees and charges are an important element of Council income as they contribute approximately £80m per year to the cost of delivering services, which is not then required to be met from Council tax. The Environment and Operations element of this total is approximately £22.5 million, of which, around half relates to parking.

and at 9.2

This report seeks approval to any changes that are higher than could be reasonably taken to be in line with that definition.

which was a clear a statement as could probably be made that parking charges (for permits & vouchers) were needed to subsidise Council Tax.

As well as reviewing the level of £40 (the £42 charge was never implemented) and the £75 charges and the £1 per visitor voucher it looks like the following charges will also need to be reviewed as they were increased at the same time as the unlawful charges and are therefore likely to be unlawful (just not tested in Court). Let us see what happens in the next few months.

Existing charges and old ones in brackets
Amendments and permits refunds £20 (£nil)
Green permits £50 (£15)
3 month permit £240 (£37)
Doctors permit £200 (£160)
Community permit 1st £100 (£75) (sic)
Community permit 2nd £125 (£42) (sic)
Community permit 3rd £150 (£75)
Essential service vouchers £20 (£12)
Suspensions £60 per space (£60 admin + £7 per space) both per day.

I am sure that in the run-up to May 2014 if you are canvassing votes in the wards which any of the above Cabinet (or ex Cabinet) members are standing you will remind voters of what they voted for and question whether they are fit and proper people to represent you, as they didn't listen to the siren voices at the time but blindly drove on with their policy which has been shown to be unlawful. How they even have the nerve to stand after having been found to have broken the law is a moral question that only they can answer. If you are a voter and get visited, do ask them.

Yours frugally

Mr Mustard

p.s. Don't forget to claim your money back for the overcharge. Read this blogpost, here.

7 August 2013

Stop parking in parking bays! Yes really.

Mr Mustard has permission to blog this

nice motor

Look! a car with a parking ticket. Is it for parking with a wheel outside of the bay? which would be perfectly understandable as the bay is narrow and the car is wide. No. The London Council's CEO handbook says that an entire wheel should be outside a bay before a PCN is issued and that is not the case here. The car is parked such that all of the zig-zag is visible. The alleged contravention was this one:

Stopped on a pedestrian crossing or crossing area marked by zig zags in Golders Green Road.

Now do you think that this offence has been committed because Mr Mustard doesn't? There is clearly a bay marked out for parking outside of the zigzags and they only apply to the area between the lines, not across the carriageway up to the building line, as is the case with yellow lines.

For locals, this is near Woodstock Avenue.

Formal representations were submitted in response to the Notice to Owner saying that the alleged contravention did not occur.

The back office in Croydon agreed and cancelled the PCN which should not have been issued in the first place, thus wasting everyone's time.  This line appeared in the cancellation letter:

Although we have cancelled your penalty charge notice in (sic) this occasion, please be advised that vehicles are not permitted to park there and alternative parking should be sought next time. Mr Mustard suggests Potters Bar or Welwyn Garden City or anywhere else that gives you some free parking time. Hertsmere Council have it right.

So there you have it readers. You must stop parking in marked out parking bays in Golders Green or risk getting a PCN. Now tell Mr Mustard why shops are finding trading so tough in the London Borough of Barnet. Could it be that NSL's traffic wardens are completely out of control?

It is a good job that this case didn't reach PATAS as it looks like a sure fire case for costs to be paid for wasting the motorist's time, or the necessary "wholly unreasonable behaviour" by Barnet Council.

Yours frugally

Mr Mustard



The long way round


or go to Marks & Spencers in the High Rd or your corner shop?


Yesterday Mr Mustard had to pop to North Finchley. He took his motorbike so that he could park in the Lodge Lane car park for free. He was wearing a Mr Mustard t-shirt and a couple of people stopped him to say hello which was nice.

A visitor from Haringey couldn't believe that his coins were of no use. He had come out without his credit/debit card ready to spend his folding money in the local shops and was about to leave as he was going to follow the advice of Barnet Council and park elsewhere, which was going to be back in Haringey. Mr Mustard took the man's £1.30 and put a Mr Mustard credit card in the parking meter for him and handed over the ticket.

Then a lady told him that she was sick of listening to the PayByPhone message which, whilst you are actually trying to PayByPhone, pointlessly tells you that you can download an App or use the website. That is her time being frittered away on every visit, she doesn't like it. John, more of him later, told Mr Mustard that using the App is slower than using the calling up method. It is also very much harder when the sun is shining brightly as it was yesterday as flat screens are pretty useless except in the shade.

Mr Mustard took a while to get where he was going but that didn't matter as he wasn't in a rush. He did notice that from the far end of the car park where Mr Mustard had put his motorbike out of the way, that it was impossible to see the debit/credit card meter because there is a car space somewhat perilously placed right in front of it. Mr Mustard seems to recall suggesting to Cllr Dean Cohen, whose responsibilities include parking, that signs in the Car Park would be a good idea. He couldn't find his email so simply sent another one today. Let's see how long it takes before signs are put up alerting people to the presence of a debit/credit card meter. Surely the council want people to use these shiny new meters?

Now John, a splendid gentleman who paid for his parking with the App but couldn't remember the location number and has to check on the board every time, had different information for Mr Mustard about the hole in the road that is Totteridge Lane at the moment and here it is:

Hello Mr. Mustard,
It was interesting to meet you in the Lodge Lane car park today (and you too John). You suggested that I send you my thoughts on the Totteridge Lane diversion routes - so here goes.

During road works in the top stretch of Totteridge Lane, traffic is not allowed to enter Totteridge Lane from the High Road in Whetstone. Barnet Council have published two alternative routes, both of which are ludicrously long. They may be necessary for large vehicles, but there are much shorter routes suitable for cars.


Route 1 is to go south on the High Road to North Finchley, Ballards Lane, Alexandra Grove, Argyle Road, Chanctonbury Way, Southover, Longland Drive to Totteridge Lane. A much shorter route is to leave the High Road via Woodside Lane and take Ridgeview Road and Naylor Road to Totteridge Lane.


Route 2 is even more crazy (Mr Mustard thought Route 1 was pretty crazy). It is to go north on the High Road and continue all the way to Barnet Church. Then go via Wood Street and Barnet Road through Arkley to Stirling Corner. Then south on the A1 almost to Apex Corner and follow Marsh Lane, Highwood Hill, Totteridge Common, Totteridge Village to Totteridge Lane. A much shorter route is to turn left at the bottom of Barnet Hill, onto Mays Lane, then via Barnet Lane to Totteridge Village and Totteridge Lane.


The Whetstone branch of Waitrose has a car park entered from Totteridge Lane, just below the road works. I understand Waitrose issued leaflets to customers, recommending the alternative routes which I have suggested above. Waitrose were contacted by the Council and told that they must advise customers to use the official routes and not the alternatives. Waitrose complied and changed their leaflets. I do not understand what authority the council have to issue such instructions to Waitrose.
Yours sincerely
John

Of course local people will take the shorter routes that they know but sending strangers 10 miles out of their way isn't good for the planet and will probably be defeated by satnav. What was somebody thinking? If you have copies of the leaflets please send them to mrmustard@zoho.com

Here is the 200 yard journey turned into one of 10 miles.



Yours frugally

Mr Mustard

Update: Unusually Cllr Dean Cohen has responded the same day and will get officers to sort out signs in the car park. Good man.

Second update: The Waitrose issued maps above shows their North Finchley store and the joke is that if coming north up Ballards Lane intending to go to Waitrose N20 you would be directed left by the council's sign 50m before the N Finchley store. Great.

Mr Mustard no longer believes in Father Christmas

Link to statement on council website





Capita man: Do you still believe in Father Christmas?

Richard Cornelius : Oh, rather.

Richard is going to feel so foolish later when he finds out that Father Christmas doesn't exist and older boys and girls knew all along and either didn't tell him or did tell him and he didn't want to believe them. Boo hoo.

Yours frugally

Mr Mustard