14 January 2016

Newham are very naughty

Mr Mustard went with a client to represent him at the tribunal. The client had done all the spadework, Mr Mustard presented the arguments. The client had parked in a bay close to his home which he was pretty sure was an abandoned disabled parking bay, otherwise he would have parked elsewhere.

This is what he asked three times at the informal stage:

In response he got the following:

and then after raising the same question at the formal representations stage he got the following answer.
Then in the case summary to London Tribunals where an independent adjudicator decides upon your case, the case summary said the following :


Newham Council and Mr Mustard have different ideas of what clearly and/or correctly means:

not at all clear & no sign on a pole
Mr Mustard made short work of convincing the adjudicator that there wasn't a properly constituted bay at the location (the adjudicator had already spotted that was the case).

A few days after the hearing Mr Mustard received the response to his Freedom of Information request, viz:


Mr Mustard suggests that Newham Council give up telling untruths as they are so bad at it.

There will be repercussions as a costs application is going to be made and Mr Mustard reckons that everything that NewhamCouncil write will have to be subjected to extra scrutiny in front of that adjudicator from now on.

Yours frugally

Mr Mustard


1 January 2016

New Year's Resolutions - Yours!

In 2015 Mr Mustard has completed the challenges to over 270 PCN and lost 11 of them but as he is rather busy now in his professional life he would find it handy if you, yes you, could receive fewer PCN in 2016 (to be fair many people  ask Mr Mustard for help but once a year) as that is the easiest way to avoid paying out your hard earned. Also, the council are sharpening their act up so technical challenges are now harder to find.

By parking legally at all times you will force the traffic wardens to run around ever faster looking for victims and if you can have enough of an effect on the 153,000 (165,000 the previous year) PCN issued each year (to 31 March 15) in Barnet the number of traffic wardens might have to be reduced as they will only be retained whilst there is a profit to be made.

So, how do you avoid getting a parking ticket?

Double yellow lines - don't take a chance.

Don't park on double yellow lines, ever, day or night. This is what they look like in case you are in any doubt:





You are allowed to pick up or set down passengers and their luggage which should take less than 2 minutes (longer if you have small children, the elderly or disabled passengers). If you are disabled you can park on them for up to 3 hours as long as your badge is in the windscreen, the correct way up (i.e. showing the expiry date) and with the clock correctly set. It doesn't matter if there is an odd break in the lines, as long as they look like a set of double yellows the adjudicator will find against you.

Kerb flashes

Now on the next kind of double yellows, even blue badge holders cannot park. This is because of the kerb "flashes" which are short stripes at 90 degrees to the road. If there are double stripes that means no unloading at any time. There should also be a sign like this one:



So park somewhere else with your blue badge; a car park, a residents bay or a paybyphone bay all of which you can park in all day for free (in Barnet - you'll have to check the arrangements in other boroughs).

If there is only one stripe across the kerb you are more than likely on a single yellow line and the times at which you cannot unload, and thus cannot use your blue badge, will be on an adjacent sign.

Pavement parking

The next big mistake which people make is to treat the pavement as an extension of the road, viz:


Thank you for this photo to Alan Stanton.

Mr Mustard understands why people do it, often because the road is too narrow if you leave your whole vehicle on the carriageway but all you do is break the paving slabs (making it more likely that an old person will suffer a fall) possibly prevent wheelchairs and buggies passing along the pavement thus forcing them into the road and giving a traffic warden a golden opportunity to give you a PCN without a second's hesitation. There are 5 traffic wardens out on scooters until 11 at night looking for cars parked like this. They keep finding them, let's spoil their fun.

There are roads where you may have it in writing from the council that pavement parking will not be ticketed (treasure that letter) or the pavement may be specially marked out with bays and signs on posts saying that it is permissible, signs like this one.


If it isn't clear that you have express permission to park on the pavement, anywhere in Greater London, don't do it.

There is an exemption for builders who are unloading but it is very tightly drawn. It has to be absolutely necessary to be on the pavement, loading has to be ongoing and someone has to be with the vehicle so unloading 1,000 bricks to the rear of a property out of sight on your own won't wash.

Dropped kerbs and/or raised roads = crossovers

This is another favourite of the traffic warden.


not perfect but still obviously a dropped kerb

Now you can't park across a dropped kerb which exists to enable pedestrians (and wheelchairs) to cross the road, to enable cyclists to enter/exit a cycle lane or for vehicles to access premises. You often find them at junctions to help pedestrians.

You can park across a dropped kerb of your own home, friends or family with permission if the dropped kerb serves only one residence (as it is the practice of Barnet Council to only issue PCNs on demand for dropped kerbs, except inside CPZs at operational times when it is automatic). So, if you and your neighbour share one drive, or you live in a small block of flats and even though you might be the only driver, you cannot block that dropped kerb. Also be wary inside a CPZ as the dropped kerb might have a single yellow line across it and that would operate at the times shown on the CPZ entry plates. If a white line is painted across the dropped kerb it means nothing legally and is intended to alert you to the existence of the dropped kerb.

The car in the picture above got ticketed in Barnet and had to go all the way through the appeal process before the PCN was cancelled at PATAS.

Single yellow line inside a CPZ.

Lots of people get caught out with this one especially in Golders Green on a Sunday.

Now, if you find a single yellow line with a time plate nearby then you know exactly where you are. The sign has the times during which you cannot park. If you cannot see a time plate do not park without further research. A single yellow line means that there is a parking restriction which is less than 24 hours. Now you have to find out what it is. The answer is on a sign like this one:


A bit grubby this one, not easy to read after dark
So this sign, which you passed half a mile ago and didn't really notice is the one that applies to your single yellow line. The idea is to reduce street clutter but in Mr Mustard's book it increases confusion in the eyes of the motorist. Many will look at the adjoining bay (they all have to have signs so clutter reduction is not that great) and assume that the same times apply; they might or they might not. The answer is to start looking out for these signs in the future or to drive back to the edge of the zone to check and once you have done that you might as well park for free and walk if you have the time.

Given a choice between a parking bay whose hours have finished and an unknown single yellow line you should use the bay.

Bus stops




What a beautiful bus stop in Friern Barnet. All it needs now is a bus. It doesn't need your car in it and your car should not be in it so stay out of it no matter how tempted you are; Mr Mustard only just managed to get a PCN cancelled for a lady picking up her injured son in a bus stop in order to take him to hospital - that is how difficult it is to get such a PCN cancelled.

A thick yellow line (8 or 12 inches wide) and the words bus stop in 1.6 metre high letters should be enough of a hint that a bus stop is not a place for you to stop your car not even for a minute to pop into the newsagent or to ask directions. Traffic wardens drop out of the sky when you least want them to.

Bus stops can still be enforced by cctv if they have that thick yellow line.

Special bays (taxis / motorcycles / disabled / doctors etc)

Unless you are a  taxi / motorcycle / blue badge holder / doctor etc stay out of the bay which is restricted to certain users. There will be a sign saying who can use the bay and words painted on the carriageway so do follow them. This sort of bay will usually be restricted 24 hours a day but there are some that aren't which you can park in outside of the restricted times. Mr Mustard started learning in depth about parking tickets when he parked, in November 2009, on a Mon-Fri disabled bay and it was a Saturday and he received a PCN. The council cancelled it but had to be pushed to admit they had made a mistake. Mr Mustard didn't know at that time what he knows now but council errors are very common.

Blue badges

It is a common error to put the photo side of your permit to the top. If you keep it in a holder with only one open face then you cannot make that mistake. Mr Mustard thinks that the best way of not forgetting your blue badge clock is to set it every time you park even if you don't need to. Be careful with the pointer and keep it well to the earlier part of the quarter hour in which you arrived, you are marking the quarter hour not the exact minute. Official advice from London Tribunals (formerly PATAS) is midway but that is dangerous in Barnet where a clock set to 2:07 will see a PCN issued between 2:00 and 2:06 on the spurious grounds that you advanced the clock to give yourself extra time.

The other problem is expired badges. They are renewed every 3 years and reminders are not sent. Badges issued 3 years ago had a hand written date which fades over time (you can get them changed for free). Go outside now and check your badge or that of your relative and apply for a new badge 6-8 weeks before the old one expires.

Resident permit expiry

This is another common problem. The council send reminders but say this is merely a courtesy so if you rely on them and they let you down (which happens a lot) they say it isn't their fault and the PCN stands. Mr Mustard's advice is the same. Go outside* now and check your permit and that of 2 or 3 neighbours and deal with it if the permit has expired. If it has then you can apply on line for a permit to be instantly issued as they are now electronic. Also make a note in your phone to remind you a month before the next renewal date or write a note and put it on a prominent notice board in your kitchen.

*After about October 16 all permits will be electronic so if you don't know when your's expires you will have to phone the council up on 020 8359 7446 to find out (Mr Mustard doesn't know if the little used MyAccount option tells you as he doesn't use it)

The bus lane

In Barnet there is only one bus lane. Mostly on the A5 southbound although there is also a very short northbound section where Barnet territory extends west over the A5 for some reason. Most of the northbound lane is in Brent. Southbound the times are (unless readers tell me otherwise) 7 - 10 am and 4 - 7pm i.e the morning and evening rush hour. Just stay out of the bus lane at those times. The only times you can use the bus lanes are when there is less traffic so that you probably don't need to. Some people never go in a bus lane ever and so never receive a bus lane PCN through the post. If you have lots of time you could treat bus lanes as forbidden territory. Note that motorcycles are not allowed in Barnet's bus lanes.


At the start of the bus lane there will be a sign 30m before it to tell you of the times and give you time to move across to lane 2 and a thick solid white line on the offside and the words Bus Lane in huge letters also tell you of the existence of a bus lane. If in doubt, stay out as the cameras are automatic and pick up 99% of contraventions, even in the dark.

Call a taxi to get me to the kerb

Parking a long way from the kerb is untidy, inconsiderate and possibly dangerous. It is also an offence if all of your car including the mirrors, not in a marked out parking space, is more than 50cm from the kerb when parked. This is to stop double parking but is rigorously enforced at all times even if you are just a sloppy parker, not double parked and doing no harm. Do please make sure that part of your car is within 50cm of the kerb, a wheel or a wing mirror will do but preferably all of one side of the car to be on the safe side, about 10cm from the kerb should be possible for most people. Park, get out, look and move if you haven't done well enough.

That's enough to keep you safe from 90% of the contraventions.

Good luck and all the best for 2016.

If you are a member of a group of any sort and would like a 20 minute presentation on parking tickets, then Mr Mustard is your man. No charge, just a nice cup of tea will do.

Yours frugally

Mr Mustard

25 December 2015

Don't let a PCN marr your day over the festive period


So a 'yes' to enforcement is a 'no' to parking without risk.

Today, Xmas Day, you are only at risk of a PCN if you park on white zig-zags (so outside the closed school is ok as they are yellow) or if double parked (which means the entire vehicle is more than 50cm from the kerb, it is always good practice to park parallel to and close to the kerb).

Remember also that the day ends at midnight. Traffic wardens work up until 11pm and then start again at 7am (except they have a small lie-in on Saturdays until 8am and Sundays until 9am).

This guide is only for the London Borough of Barnet. Unless signs say "excluding bank holidays" you will have to check the websites of other boroughs before you set off to see Auntie Mabel.

Have a happy time this festive season.

Yours frugally

Mr Mustard

18 December 2015

Comedy fundraiser

Friends of friends are doing this, please support them.

You can visit their website here to see what this is all about. Please buy tickets and/or please donate via the website.

Yours appreciatively

Mr Mustard

7 December 2015

Freepost!

The white envelope above is the one in which the Notice of Rejection was sent out, probably by NSL on behalf of Barnet Council parking department but possibly by the council themselves.

It arrived OK without suffering a £2 surcharge
which would really have been an extra poke in the eye, but it isn't enough that the envelope actually arrived. If you have a permit and don't display it or if you don't pay for your parking, even though you meant to, then you are liable to receive a PCN . Similarly, if the council's Notice arrives but the council didn't send it first class (and this was sent unstamped which is no class at all) then the council have committed a procedural impropriety as Notices (and the Notice of Rejection is a notice) must be sent first class.

Mr Mustard knows that the envelope is the one which contained the Notice of Rejection from Barnet Council as it is a PremierTeam 731450 envelope and Mr Mustard has hundreds of them bearing a franking mark like the one on the brown envelope above (which was torn from an Evidence Pack).

Please keep all the envelopes that your Notices come in as Mr Mustard may need them if he is acting for you.

Yours frugally (but clearly not as frugal as the council have been)

Mr Mustard

Update 8 December (all's well that ends well)



Morning Mr Mustard (real name actually used)

The Notice has been cancelled, it appears that the member of staff who sent out the NoR didn’t check to see if it was correctly franked, I will speak to their team leader. I apologise on behalf of the service.  

Kind regards

Process Manager


Footnote

Mr Mustard nearly always tells senior parking management when NSL (or the parking department themselves) have blundered as it saves time & trouble all round. In this case Mr Mustard has not had to complete and post off the Notice of Appeal. NSL have not had to respond and spend 2 hours preparing an Evidence Pack. the council have not had to pay a close to £40 tribunal fee when the outcome was an inevitable loss. This is why the two parties talk to each other. When they can't agree then the tribunal decide the correct position.

30 November 2015

Libraries - workshop on 1 December & please give generously

Here is an opportunity for you to give generously of your time and of your money.

Workshop advertised on Streetlife


A workshop to minimise the potential impact, why does Mr Mustard think that any suggestion of not making the cuts but instead raising council tax would not be acceptable feedback? Would Mr & Mrs Awkward please attend.

Fund raising for a Judicial Review

The CPZ charges campaign recently returned £100 to Mr Mustard as the case was won and fighting fund donations were returned so he has recycled that (as a permanent donation) into this equally worthy case.

Our ruling councillors have completely forgotten that what they are engaged in is public service and one of their mantras has been "deliver better services with less money" which certainly doesn't apply to the Library service (which is less money to deliver a far lesser service, in terms of hours and quality) and it doesn't apply to anything which includes the magic word, no, not 'please' but 'commissioning' which can have all the funds it needs, as Mr Reasonable has amply demonstrated and as this vacant post (anyone miss Craig Cooper?)

which the General Functions Committee will doubtless rubber stamp the extra money for, shows. 

The previous incumbent was Claire Symonds who worked closely with Chris Naylor before he moved to Barking & Dagenham, and guess what, Claire has been fortunate to get a new post there (What a waste of fees to Penna when Chris or Claire could simply have picked up the phone and done the deal for free). 

The salary merry-go-round really needs someone to put the brakes on it. Here is an idea about salaries Mr Mustard doesn't suppose that there is a cat in hell's chance of Andrew Travers showing such leadership. He is happy to be proven wrong.

Yours frugally

Mr Mustard

25 November 2015

Outsourcing to snake oil salesmen


A council is obliged, under the Equality Act, to make due allowance for the disabled. It (well its contractor NSL probably) couldn't give a fig, based upon the following paragraphs from a letter sent to a motorist which is now the subject of a complaint to the Chief Executive. Parking also has to reflect real life.


It is nearly always the opinion of NSL / Barnet Council that a PCN is valid but that doesn't mean it will survive a close scrutiny by Mr Mustard. The blue badge clock does not have to be displayed in a residents bay, that is a howler as one can park for an unlimited time in such a bay.

If the driver is on their own in a car and visiting, say, a disabled relative who cannot walk as far as the car then there is no choice for the driver but to leave their car in order to obtain the blue badge before helping the disabled person to board the vehicle. There is nothing in the law which supports the council's letter (which many people would take as, and should be, 100% accurate).

Don't just take Mr Mustard's word for it. Take that of Mr Hugh Cooper, a lawyer, who sits as an adjudicator on PCNs. Mr Mustard always finds him to be logical and thorough (the last argument took the unusually long time of 1h 10m with both parties quite enjoying the battle - Mr Mustard did prevail on that occasion) and this is what Mr Cooper had to say in PATAS case 2140052218 which did concern Barnet Council back in December 2013 (they have a short memory).

Mrs V does not dispute that her car was parked in this parking bay without displaying a permit. However she has maintained from the outset that she came to visit a resident in the street, and only left the car without a permit for the time it took to go to her house, obtain and complete a visitor's voucher and return to the car, a process she estimates as taking about 3 minutes. She points out that the Civil Enforcement Officer (CEO) issued the Penalty Charge Notice (PCN) after only one minute's observation, and suggests that he/she must have actually seen her leave the car. Mrs V has now produced a letter from the occupier which confirms her account.

The Enforcement Authority have insisted throughout that a permit or voucher must be displayed from the moment the car is parked in such a bay, and that no period of grace is allowed. Mrs V contends, by contrast, that it is not possible for a visitor to a resident to have a visitor's voucher already in her possession; it is necessary to go to the resident's house to obtain it, and so a short time must be allowed for this to be done.

I am perplexed by the Authority's stance in this case. It is self-evident that a reasonable period must be allowed for a visitor to obtain and complete a visitor's voucher from a resident, for the reasons Mrs V has clearly set out. Had the CEO observed the vehicle for, say, five or more minutes, then it would have been reasonable to assume that the owner was not obtaining a visitor's voucher, but by allowing only one minute that assumption could not be safely made. In this case I am satisfied that it was in fact wrongly made. I am not satisfied that the contravention occurred, and so I allow this appeal.


[I would respectfully suggest that the Authority give some thought to the instructions they give to their CEOs and to their decision-makers in relation to this issue.]

That final sentence is the usual under-stated way in which a lawyer slaps you round the face with a wet fish. Clearly the council (NSL?) have taken no notice of this decision and should Mr Mustard find himself, on the instant PCN, in front of an adjudicator with the identical argument he will be pointing out the earlier decision and suggesting that costs for wholly unreasonable behaviour are the order of the day. Something tells Mr Mustard that the case will not now get that far.

Will, though, NSL stop writing such misleading letters is his first question. His second question, now that dealing with representations is moving in-house is, will the in-house team be properly trained?

The other point is that an observation period should have been added for code 12 contraventions. It has not been. PCN are issued instantly and that is unfair.

Yours frugally

Mr Mustard