Whistleblowing

Lots of things go on at the council which employees are not happy with. It could be damaging for their career to go to their line manager or higher if that is where the problem sits. Barnet's bloggers always like to know what is going on so you can send them paperwork in confidence knowing that the source will not be revealed. One way of stopping your identity from coming out is by using an anonymous email address which disappears without trace not long after you have used it so even Mr Mustard won't know who you are so cannot possibly reveal your identity.

Here is a possible provider of a temporary email address and lots more are available with an internet search but don't use the council computer to do this. Don't leave a trail either by sending yourself a spreadsheet or other computer document. A printout scanned off site would be safest.

Mr Mustard is equally happy to hear from any current or former employee of a supplier to the council such as Capita or NSL if there is skulduggery afoot.

Regular readers will remember this story, the £2million fraud, and a not all that quick follow up has revealed further problems, the full details of which are not yet in the public domain. This from a report going to the Audit Committee on 30 October.

If you know what has been going on do feel free to send an email to mrmustard@zoho.com

or you can post documents to him at 21 Carnarvon Rd, Barnet EN5 4LX

The council should not be allowed to sweep things under the carpet. They are spending our money.

Yours frugally

Mr Mustard

Amazing coincidence

When your PCN reaches the tribunal Barnet Council often put into evidence (at item C) their processing notes. The notes can be revealing as to the thinking which goes on.

In this case two different back office workers put the same notes, displaying an identical choice of words, on the same file a week apart.

Anyone would think that there is a set of ready typed rejection notes to try and make out that deep thought has been given to the representations rather than a standard formulaic rejection.

Of course there wasn't a permit on display. The motorist had just parked and popped to a nearby property to obtain a visitor parking voucher. The council are rejecting the representations because the permit/voucher was not on display from the very first second of parking. Mr Mustard is sure that he has previously written about the preposterous attitude of the council in this matter and he will keep on doing do until some common sense is bashed into the back office and/or management.

Civil Enforcement Officers don't ensure anything except that a whole load of PCNs will be issued by them every day. Permits are no longer displayed as 99% of them are now electronic records.

No-one was arguing that the Owner wasn't liable (if anyone is).

Saying that a permit was being obtained isn't mitigation, it is a direct challenge to the legitimate issue of the PCN.

Mr Mustard hadn't seen this attitude from Barnet Council for a while and now he has two similar cases in both of which the observation time by the traffic warden was zero minutes.

Do not pay if you were genuinely obtaining a Visitor Voucher but ask Mr Mustard for help (mrmustard@zoho.com)

Yours frugally

Mr Mustard

Barnet Council break the law?

There are two possibly major problems with this PCN.

The first is that it is (probably) an illegal demand for money as moving traffic contraventions are subject to the rules set out in the London Local Authorities and Transport for London Act 2003 which includes this limitation

Time to serve is extended if the council requested the keeper details from the DVLA within 14 days of the alleged contravention (that is usually automated) and the DVLA did not supply them 28 days of the alleged contravention.

The second problem, which the council cannot easily swerve the effects of, is that they have sent a Regulation 10 (drive away) PCN instead of a moving traffic PCN.

Please check your postal PCNs for such errors. If the council make an error, just as you may have done by stopping within the yellow box, the council don't get to put their greedy hand into your wallet or purse.

Mr Mustard loves a good council blunder and despite coming up to 10 years of pointing out to the council their mistakes, they just keep on occurring.

Yours frugally

Mr Mustard

Fixation Theatre

This company were at the Grange Big Local and Mr Mustard offered to blog their flyer, so here you go. Fun for 3-18 year olds.

Blind to the facts

It is usually a good idea to stay off the pavement, especially a nice newly laid one, even if you know the council don't enforce at this location. The PCN in this case, was for partially dropping the driveway entrance, being 'adjacent to a footway lowered to meet the level of the carriageway' in parking legal speak. The thing is, the driver had permission to be there so should not have been given a PCN.

This is the informal challenge (the first challenge of a possible three, the one made in response to a PCN placed on the car) which was sent in to Barnet Council.

Amazing how the council, via their agents NSL, can send back a response which deals with points not made and omits the ones which were made.

What does Mr Mustard have to say about this response?

• They haven't carefully considered anything.
• Here is the relevant part of the 2003 Act which the council rely on:

• The council have ignored the request for proof that enforcement was requested by the householder - as they don't have it?
• The Act does not include any (as in all) dropped footways, only certain ones.
• Rule 243 does not say what the council says it does, it is specific to wheelchairs and mobility scooters. Rule 243 is also only guidance not the law.
• The motorist did not say they 'were unaware parking in this manner was not permitted' - someone is too fond of cut-and-paste.
• There is no tactile paving at the location - an error of fact renders unsafe the decision to reject the informal challenge.
• The dropped kerb is for vehicular access, not a safe crossing point, as this is what is opposite the driveway

It is the council (NSL?) who are blind to logic, reason and the facts. Anyone would think they rejected informal challenges in the hope that the innocent motorist will give in and pay up as many do but not if Mr Mustard is fighting your corner you won't.

Yours frugally

Mr Mustard

In their first contact with Mr Mustard the motorist said they were going to pay the PCN, they had a conspiracy theory that the council was after them, not so, they are after everyone equally as their budget hole is enormous.

Having done one of his periodical PCN checks Mr Mustard has found that this one has now been cancelled. A wise move Barnet Council.

Greenacre Walk - 3 Nov 19 - to Hadley & back

A week in the life of Mr Mustard

There is of course no comparison with Mr Mustard's somewhat comfortable life but most of his stories start with a picture and this is what he thought of. Mr Mustard will pick up the classic when he next sees it in a charity shop as he ought to read more but he doesn't have much free time and you are about to see why.

Do bear in mind that Mr Mustard has a full time job as a credit consultant / debt collector although he will often go work / PCN / work / PCN / work in order to have a bit of variety and keep up with both.

Here follows a list of the parking ticket related tasks he carried out last week:

Monday

Make formal representations against a Notice to Owner.
Provide advice on a private parking ticket - pointed towards the PePiPoo web forum.
Gave preliminary advice on 3 PCNs for a hire car whilst the resident's car was being repaired - the council were of no help in even mentioning a dispensation for such an event.
Rotherhithe tunnel - gave advice about a PCN for driving a VW Caddy through - yes it does breach the 2T commercial vehicle limit but the location is over signed.
Exiting a one way street in reverse due to a construction vehicle blocking it. Advised to phone the police next time who will either clear the obstruction or give authority to drive the wrong way. Had already lost at the tribunal - advised to pay up.
Gave advice on fighting a Notice to Keeper sent by ZZPS.
Provide advice on a private parking ticket received after a trip to LIDL - pointed towards the PePiPoo web forum.
Provide advice on a private parking ticket received after using a disabled bay - pointed towards the PePiPoo web forum.
Send authority to act letter out for signing.

Tuesday

Still in bed - receive and study a whatsapp message and two emails containing an informal rejection about a council PCN. Send advice to await the Notice to Owner.
Check all of yesterday's tribunal decisions and read any for Barnet.
Study a Notice of Rejection, find a flaw within the PCN, the location is not where the car was parked, send advice to start a tribunal Appeal and then do so once authorised.
Send whatsapp message to a motorist to phone the council to obtain a Notice of Appeal form so that the Appeal to the tribunal can be made in writing.
Receive an email from a delighted motorist that her PCN has been cancelled.
Wrote a blog post.
Exchange a few direct messages on twitter with a lady who now lives at the address of a man who is deceased and who is being bothered by a bailiff.
Answer a councillor's direct messages on twitter about a special permit blue badge bay outside the house of a centenarian so that she can help them the next morning (this was at 10:30pm).
Check a Notice to Owner is in the correct name as its issue was spotted and formal representations were made on line whilst it was still in the post.

Wednesday

Check all of yesterday's tribunal decisions and read any for Barnet.
Make the formal representations against the Rotherhithe Tunnel PCN now an authority letter is held.
Phone the tribunal as Mr Mustard only has one Appeal listed at 2pm and he has no evidence. Having checked the council website which has been set to zero he is pretty sure that the council have thrown in the towel but he does not want to disrespect the tribunal. They check and call back to say the Appeal will be allowed for lack of evidence.
Sent a letter to ZZPS that the Keeper will not be naming the Driver.
Consider a Notice of Rejection, recommend an Appeal to the Tribunal.
Complete form N180 for a court case that is being defended for a friend.
Consider a Notice of Rejection, recommend an Appeal to the Tribunal.

Thursday

Check all of yesterday's tribunal decisions and read any for Barnet. Find that the council have given up on two PCNs. Email the two motorists concerned.
Start an Appeal.
Receive a Notice of Rejection by email and send it on to the motorist with advice to go to Appeal.
Check the status of 8 PCNs.
Email a motorist to see why his balance is now zero.
Email another person to tell them their PCN is now cancelled.
Start a tribunal Appeal on line.
Check for evidence on four upcoming tribunal hearings. Email one of the people concerned to tell them a charge certificate has been issued, that it is an error and they should therefore win for that alone.
Post some advice on the PepIpPoo forum about a PCN issued 3 minutes into a changed restriction in Hampstead High St.
Email yet another person to tell them their PCN is now cancelled.

Friday

Check all of yesterday's tribunal decisions and read any for Barnet.
Receive 3 emails containing various documents for 3 PCNs, save the images, sort all of it into order, make an informal challenge, verify one PCN reference and advise to wait for the next document on two of the PCNs.
Check the status of 23 PCNs.
Email a motorist to tell them to look out for their Notice to Owner.
Email information about why an early charge certificate is so naughty.

Saturday

Check all of yesterday's tribunal decisions and read any for Barnet.
Write an extra ground of Appeal that the charge certificate was premature, upload to the tribunal and send a copy to the council.
Visit the vehicle hire company where Mr Mustard provides advice and deals with anything tough.
Check the status of the upcoming tribunal cases and find the council has given up on one of them. Tell the motorist.
Look at two PCNs he had missed when he was sent three at once. Make formal representations for one of them. Gave advice to await the Notice to Owner for the other one. 
Look at a Camden PCN and advise the motorist to make their own challenge on line as Mr Mustard's name won't help.
Look at a bus lane PCN, provide advice and write a blog about it.
Check 10 PCNs and find that one has been paid.

Sunday

Check all of yesterday's tribunal decisions and read any for Barnet.
Look at a Regulation 10 PCN received in the post. Find an error within it. Advise the motorist.
Write a Review request for an Appeal that he lost outside London, where he never seems to fare as well, and sent it to the motorist to check.
Write a blog post.
Checked seven PCNs and find a charge certificate has been sent.

Mr Mustard is only fighting half as many PCNs as he was doing 2 years ago when he nearly lost control due to sheer pressure of work and parking. He hopes you understand why he tries to limit his help to those who need it the most

- the elderly and not so up with things 
- the physically or mentally disabled
- the poverty stricken
- council blunders

He hopes you have enjoyed this little insight into his world and will understand that whilst he always tries to respond quickly it isn't always possible.

Yours frugally

Mr Mustard