Monday, 11 April 2016

London Council - October 15: extraordinary

October 15 was a bad month for motorists. They won 34 out of 80 Appeals which is only 42% and below the norm of 50%. Must try harder.

Some of the cases the council lost were extra-ordinary. I repeat some of the text of the decisions here.

Never under-estimate the ability of the council to be truly horrible to you in your hour of need.

This is one of sixteen cases before me today which raise identical issues and this decision therefore covers all of them. I have heard the Appellant Mr R (on his own and his wife’s behalf) in considerable detail over two hearings; and at today’s hearing the Council was represented by its officer Mr Stone.

The essential facts are as follows. Mr R and family were rehoused by the Council at 24 hours’ notice. Mr R realised immediately that he would need a permit in order to park his vehicle and made considerable efforts to do what was necessary to obtain one; however before a permit was issued the vehicle was regularly parked in a permit bay with no permit on display. As a result a series of PCNs were issued over the end of December and in January of which the present group is only a selection.

Mr R’s case is, in summary, that he did everything he possibly could to obtain a permit and that there was nowhere else at all to park his vehicle in the meantime, bearing in mind he was at the time suffering from a disability which prevented him from walking any great distance. He states that he called the permit department Council on a number of occasions but was told that without the logbook to show the vehicle registered to the new address no permit could be issued. Mr R sent off the log book for change without delay. He also provided a copy of the tenancy agreement as proof of residence, though this should hardly have been necessary as the Council, having moved him, was well aware of his address. During the time he was awaiting the return of the logbook, PCNs were issued.

I had initially considered whether this was not a case of a Council seeking to enforce penalties for a failure to display a document which it had itself unreasonably failed to provide - a situation which might well be said to be the equivalent of an abuse of process and therefore one of those rare cases where an appeal can fall to be allowed on the basis of what is known as a collateral challenge. However having considered the matter carefully in the light of the evidence provided by Mr Stone and his submissions I am not persuaded that this exceptional stage has quite been reached. The position is that all that was required to be provided in order to obtain a temporary permit was a copy of the tenancy agreement (to prove residence) and a copy of the insurance document (to show the vehicle lived at that address) – in the absence of the log book showing the vehicle registered there. I am satisfied that this was not made sufficiently clear to the Appellant over the telephone; however it is made perfectly clear on the Council’s website which the Appeal, who I note has a smartphone, could easily have checked. It has to be said that one would naturally expect some delay in changing the details on the insurance and receiving confirmation of that, especially over the Christmas period. Nevertheless it seems to me the Appellant could have contacted his insurers and pushed them a little harder to provide the documentation he so urgently needed.

It follows that the vehicle was in contravention on each of these occasions and that it cannot be said the PCNs were issued anything other than lawfully. This is a case of mitigation rather than exemption and I am satisfied the circumstances taken as a whole amount to compelling reasons for the exercise of discretion by the Council (as I understand it has done in a number of other cases). This is a case of a resident who was, in general terms, allowed to park there as the eventual issue of the permit shows. This is not a case of a “foreign” vehicle intruding into valuable parking space intended for the residents. The Appellant was not in a position to provide the required documentation immediately and clearly went to a great deal of effort to try to obtain the permit. In doing so he was not greatly assisted by the Council (or its representatives). I am pleased to note that Mr Stone, having now heard the full story from Mr R for the first time, has very sensibly indicated that the Council would follow a recommendation for the exercise of discretion, which I now make in each of these cases. (For the avoidance of doubt a formal response to the recommendation within the statutory time limit is required, though I see no reason why a single response covering in terms all the cases would not suffice).

3 almost simultaneous Bus Lane PCN

The Appellant attended before me today to explain his contention personally.

There is no dispute as to the whereabouts of the vehicle, at the relevant time, on the material date.

The Enforcement Authority assert that the said vehicle, not being of the specified class, was driven at a location restricted for use by vehicles of a specific class only.

The Appellant denies liability for the ensuing Penalty Charge Notice on the basis of the prevailing circumstances and challenges as stated in his written representations, which he reiterated and comprehensively detailed at the Hearing.

The Enforcement Authority who assert that the said vehicle was so parked/driven contrary to, and during the operative period of, a restriction are obliged to adduce evidence to the requisite standard to substantiate that assertion.

The evidence upon which the Enforcement Authority rely to substantiate the assertion comprises the certified copy Penalty Charge Notice, and extracts of governing Traffic Management Order provisions, together with photographic evidence: still frames taken from CCTV footage showing the said vehicle in situ.

No evidence is adduced of the applicable signage implementing the restriction and notifying motorists of its times of operation.

The Enforcement Authority also adduce a map/plan dated 'Dec2009'; this is of limited evidential value since it sets out the proposed 'final layout' of signs, camera positions and carriageway markings only and does not provide an evidential record of what was present and visible to the motorist on the date in question.

Evidentially I cannot be satisfied that this contravention occurred.

I am concerned by the Enforcement Authority's reference to 'consecutive bus lanes' contraventions in the Case Summary for 2 reasons:-

Firstly, a break in a stretch of designated lane does not, of itself, create a different restriction if it is a continuous bus lane as per the Traffic Management Order.

Secondly, the Appellant drew my attention to the fact that he had paid a Penalty (within 14 days of receipt of the same) for an alleged Bus Lane transgression at on 9th May 2015 at 09:40 a.m., after which the current Enforcement Notice, issued on 1st June 2015, was received in respect of the exact same date at the exact same time as that which had been discharged.

Further the Appellant bought to the Hearing another Enforcement Notice, issued on 8th July 2015 relating to Penalty Charge Notice AG********, in respect of the exact same date at the exact same time.

I find it inconceivable that a vehicle can be in 3 separate bus lane locations at the same minute.

As regards the latter, despite endeavours to have both that and the present Penalty Charge Notice dealt with together, the Appellant informs that he has received no response to representations in the latter's regard yet Charge Certificates have been received for both. I note that the issue date of the Charge Certificate for this Penalty Charge Notice was after notification of this Appeal.

Evidentially I do not find that a contravention occurred, accordingly I allow this Appeal.

Do you suppose the council offices were open and full of workers on Easter Sunday?

This matter was listed as a personal hearing before me. Late notification was received that the appellant was unable to attend. However, by then I had already looked at the papers and as I was able to decide the case in the appellant's favour without hearing from her in person, there was no need to adjourn the case.

The appellant parked in pay by phone bay on an Easter Sunday. The instructions at the bay indicated that parking on bank holidays and public holidays is free. The authority's case is that Easter Sunday is not a public holiday.

Technically this may be true. However, I have no doubt whatsoever that almost any member of the public, if asked, would understand that Easter Day is a public holiday. If the authority is intent on penalising motorists on Easter Day then this should be made clear on the tariff notice. I have to say I find it quite extraordinary that the bays should be free on a Bank Holiday Monday but not on Easter Day. I imagine that the appellant believed likewise.

This appeal is thus allowed.

The reason this PCN was issued in the first place was because there restricted hours in bays in Golders  Green on Sundays.

Are you being served?

This PCN was issued for the alleged contravention of being parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.

Mr C appeals because he says that his car was not parked where there was a dropped kerb that meets the level of the carriageway. I have looked at the images taken by the CEO. It is unclear to me from these images whether or not the vehicle was parked next to a dropped footway and I am therefore not satisfied that the alleged contravention occurred.

I am also allowing the appeal because I am not satisfied that the PCN was correctly issued. The PCN was served by post under Regulation 10 (1)(c) of The Civil Enforcement of Parking Contraventions (England) Regulations 2007 on the basis that the CEO had begun to prepare the PCN for service under Regulation 9 by handing it to the driver or affixing it to the vehicle but the vehicle was driven away before the CEO had finished preparing the notice or been able to serve it in accordance with Regulation 9.

The CEO's notes state that the CEO explained the contravention to the driver who then "refused the PCN". Mr C says that the CEO spoke to him and then scrunched up the PCN, placing it into his pocket. It seems to me clear from the evidence that the PCN had been completed and I can see no reason why the CEO could not have served the PCN by attaching it to the windscreen, especially bearing in mind that Mr C is an elderly and disabled gentleman.

My experience is that traffic wardens tell porkies about service all the time.

Taxi drivers - stop helping your passengers!

The Appellant says in his appeal form that he is a taxi driver and was assisting an elderly lady passenger with her belongings to his vehicle. In earlier representations he says he was helping the lady to where she was going and the civil enforcement officer recorded that: awc,nbbs,syl,pt,atv
ic2 male,glasses,long haired driver returned said he was dropping of mop taxi driver.
elderly lady needed help walking

The alighting exemption provides;

Nothing in Article 5 of this Order shall render it unlawful to cause or permit a vehicle to wait in any restricted street for so long as may be necessary for the purpose of enabling any person to board or alight from the vehicle or to load thereon or unload therefrom his personal luggage.

Provided that, except where the said person is suffering from any disability or injury which seriously impairs his ability to walk, or who is blind, no vehicle may so wait In the same place for a period of more then two minutes in any part of any street in the London Borough of Bamet specified in Schedule 5 which is a restricted street and is also a street specified in Schedule 2 during the restricted hours relating to that street in so far as the same fall between the hours of 7am and 10am and between the hours of 4pm and 7pm.

It is for the Appellant claiming the exemption to prove it and in the absence of any supporting written document ( confirmation of the fare/booking) he must provide details that are clear and consistent and here they are neither – e.g. was he picking up or dropping off a passenger?

The Enforcement Authority are wrong when they say that drivers must not leave their vehicles unattended at any point in order to qualify under the 'passengers alighting/boarding' exemption.

There is nothing in the wording of the exemption that states this and in certain circumstances a driver may leave his vehicle to assist passengers with luggage if they need or indeed escort children or disabled persons to and from premises.

One day the people who currently refuse perfectly valid challenges will be elderly and may need help with their luggage. I hope they will then be ashamed of their former behaviour.

Procedural impropriety

I heard at some length from the apellant on 26 October. My early view of the case was the the officer was not at fault in recording the vehicle where it was during the hour of restriction and issuing a penalty charge.

The appellant is principal carer for a son aged 22 who has a rare genetic condition which has been described in the medical report brought to the hearing.

On the day in question the appellant had been obliged to collect him and accompany him for an official interview near Finchley Central. It was important to arrive and arrive on time. The appellant described the sense of stress and frustration about not being able to park near his own house as he would normally have preferred.

The appellant is in what can only be an unfortunate position of living just beyond the edge of a boundary of a zone with an hourly restriction which is aimed at deterring commuters parking en route to the local station. The appellant's street becomes very congested and he is not entitled to a permit for the adjoining zone. He does not have off-street parking.

As I sought to explain at the hearing, the boundary is of necessity an arbitrary line and permit entitlement is a matter for the Council. Dissatisfaction as to where it lies and non-eligibility for a permit do not give grounds for a successful appeal.

Looked at broadly I was however sympathetic to the personal and family circumstances described to me, especially for the important day in question, and although the appellant made the wrong decision in parking where recorded, I could identify powerful mitigation rather than a legal defence.

I rejected the appellant complaint about the notice of rejection suggesting an appeal could be made electronically when in fact that facility had not yet come about.

When I scrutinised the timetable of events after the appeal being lodged with the Tribunal on 28 September and the Council being notified electronically on 29 September, I could see that the Council had been at fault in permitting the matter to proceed through to registration, and indeed the production for despatch of a TE (Order for Recovery) form on 2 October.

I could not identify special reasons why the case had progressed in this fashion when I believe it should not have done, and I have been prepared to record the appeal as allowed on that basis. In the particular circumstances of the case I have accepted that the documents sent out after lodging the appeal did cause actual distress to the appellant.

In any event I have now recorded this appeal as allowed.

Adjudicators have to apply the law but when they feel sympathy for the motorist they will themselves spend time looking for a loophole.

Burglary followed by attempted extortion?

I have seen the appellant letter of 5 October with a copy of the e-mail from Ringgo and examined the Tribunal dossier.

I have seen that the van was a hired one but it seems to me from the correspondence I have examined that the appellant previously had a Ringgo account and on that basis it seems to me inherently unlikely that the critical error of using Ringo instead of Verrus is fairly attributable to advice actually given by a patrolling officer seeking to be helpful. Patrolling officers may very well not be expert from personal experience in actually transacting the purchase of time and the identification of the correct operator is ultimately a motorist responsibility in my judgment.

It is consequently my conclusion that the contravention did occur. Although the appellant has I believe probably exaggerated her case about blaming any enforcement officer, I do consider having regard to the surrounding traumatic circumstances of domestic burglary and hiring the van, the error that occurred is the more readily explained and does have powerful mitigation.

I am on that basis urging the Council to be lenient in relation to this particular case and agree to a discretionary cancellation.

That's enough for this month.

Keep those Appeals coming as 80 is far too few for one month.

Yours appealingly

Miss Feezance

Friday, 25 December 2015

London Tribunals - September 2015

The month of September at London Tribunals (formerly PATAS) was quiet with 105 Barnet cases considered. Two were the subject of recommendations by the adjudicator to the council to cancel but we don't know the outcome as the on-line register isn't telling us.

On 50 occasions the motorist won and on 53 they lost. This is a fairly typical outcome.

The notable cases are these, all of which led to the PCN being cancelled with the decision of adjudicators in blue type:

Bus Lane PCN not received.

The appellant has claimed from the outset of these proceedings that the PCN was not received.

Although the council states in its case summary that its records confirm that the PCN was posted (on 12 May 2015) it provides no proof of posting: although its Ticket History document states 'PCN produced' on 12 May that is not evidence that it was posted.

I am not satisfied having regard to the tone, content and consistency of the appellant's submissions on the point that the PCN was received and thus served and find that the presumption as to service of that document has been rebutted in this case. A failure to serve a PCN means that no power then arises to issue an Enforcement Notice.

Regulation 10 PCN - one sent by post.

The notes made by the traffic warden were not good enough to justify the reason for a postal PCN i.e. why didn't they stick it to the windscreen or put it in the hand of the person in charge of the vehicle?

Pavement parking in St Margarets Avenue (pavement parking is changing so be careful, try and be in a marked by if you can)

The appellant appeared before me today accompanied by the driver.

I found them both to be credible witnesses.

They did not deny that this vehicle had been parked otherwise than on the carriageway but stated that they were visiting a friend who lived on this road they doing so on a regular basis they usually parking off the carriageway when doing so without incident this being what all other motorists did when parking on this road given its narrow width they accepting that the vehicle had not been parked within a footway parking bay marked by signage and lines they however pointing out that the section of footway within which the vehicle had been parked was paved differently to the rest of the footway suggesting that motorists could park on it.

I was satisfied on the appellant's case she and the driver confirming that when parking as they did on this occasion on numerous previous occasions the vehicle had not been ticketed that the appellant and the driver had due I found to a lack of enforcement on this street a legitimate expectation that if this vehicle was parked as it was it would not incur a penalty charge and I found for that reason that the contravention had not been proved.

Moxon St Car Park - One Hour free

Mr X submitted that the contravention as alleged in the PCN for "parking without payment of a charge " did not occur as the location permitted one hours free parking subject to displaying a free ticket. Unfortunately the Appellant only read that free parking was permitted for an hour and did not read the fine print requiring the display of a ticket. Mr X therefore submits that the correct contravention would have been for failing to display a valid ticket.

I agree with Mr X and am not satisfied that the contravention as alleged in the PCN did occur. I therefore allow this appeal.

Regulation 10 PCN - one sent by post

In this case the driver walked away and left his vehicle parked. Therefore, the traffic warden could have served the PCN on the car but didn't, it was sent by post instead. the right to do so has not arisen as there was no prevention of service by force or by driving away.

Regulation 10 PCN - one sent by post

In this case the PCN was sent more than 28 days after the alleged contravention date. This is not permitted (if a lease car is involved the time period will be extended).

You may have resprayed your car to avoid a PCN!

The Appellant denies that it his vehicle that that is the subject matter of the contravention but believes it to be a different vehicle with the same licence plate. His vehicle was a deep shade of blue in colour. The vehicle seen in the photograph taken by the CEO and recorded in his notes is white in colour.

The Appellant had previously submitted a copy of his log book and two police receipts where the police had actually seen and checked his vehicle, as well as a copy of his MOT all of which record his vehicle as being blue.

He has received several PCNs all of which were cancelled on the same grounds and the same evidence submitted by the Appellant so the appellant was rather dismayed to see that the local authority refused to cancel this PCN as they stated that the colour of the vehicle may have been subsequently changed.

I have looked at the photographic evidence taken by the CEO which clearly shows a white vehicle. I am satisfied from the Appellants evidence that his vehicle was blue. The Appellant has since sold the vehicle because of the difficulties he was having with the other vehicle.

I note that the CEO has recorded the tax details and the local authority could clearly have simply asked the Appellant to have produced his tax disc at the time to establish whether or not it was the Appellant's vehicle if they had any doubts about the recording of the colour. However now that the vehicle has been sold the appellant can no longer produce his tax disc in place on the date of the contravention.

I am nevertheless satisfied from the Appellants evidence that it was not his vehicle that has been recorded by the CEO and the subject matter of the contravention and therefore allow this appeal.

This last case evidences an inbuilt lack of trust by the parking department (and NSL) of motorists. The notion that you would respray your car at a cost of several hundred pounds in order to avoid a PCN for £60 or £110 is risible.

Keep those Appeals coming. You can see that it is worth it a lot of the time and ocne you have missed the discount period it is a no-brainer to fight to the end.

Yours appealingly

Miss Feezance.

Wednesday, 11 November 2015

London Tribunals - August 15

Chancery Lane tube; the nearest to the tribunal (do not go to Angel)
This is the first report on the decisions of London Tribunals, formerly PATAS.

Since the previous month the tribunal has moved premises, changed its name and started to use new computer software. Inevitably things did not go smoothly as ideally those 3 changes would each have been implemented separately. The adjudicators are largely the same people and they are starting to find their way around the two screen computer system.

My perception is that the playing field has slightly tilted in favour of the council, this may be a function of attempts to knock cases out more quickly or it could be that Barnet Council (NSL) are starting to get their act together or it could simply be that the motorists concerned weren't very good at doing Appeals or that the fewer the Appeals the easier the system is to manage.

The end result for the month was 47 cases won by motorists and 54 by the council. Doubtless the parking manager is breathing a sign of relief that the number of cases has dropped form its peak and that he has fewer tribunal fees to pay out. Each hearing costs the council the thick end of £40, win or lose, and the motorist nothing except some time. My advice to motorists is to have a personal hearing every time (make a day out of it and go for a nice meal afterwards to either celebrate or drown your sorrows) and to avoid Saturdays when results tend to be worse.

The cases of note are these:

Ingram Road had a footway parking amnesty, the nearby Wildwood Rd did not. The case was lost.

A vehicle broke down and was scrapped. The value received was £80. The adjudicator found for the council but recommended they do not collect the £110 penalty. Why he didn't allow the appeal for circumstances beyond the control of the motorist is not known but it may be that the car was on its last legs anyway (it was worth £300) and so a lack of maintenance was the reason.

The parking meter (credit/debit card machine) refuses to let you pay early (before operational hours) for your parking (a bit inconvenient if you want to get on a train) but it only does this on the days which follow a bank holiday. This is an anomaly which must be easily fixed.

A PCN was given out 6 months after a car was scrapped by an insurance company. The old owner ended up with the paperwork to deal with and the PCN was cancelled. In a second case there had been an insurance payout. If you prove these things to the council they really shouldn't be making you go to PATAS.

A motorist presented the same witness evidence as in a case from May 2014. Adjudicators are sharp as tacks, do not lie to them.

Knowing that a disabled bay was redundant and due to be removed someone decided to start parking in it. That was an expensive decision as they lost, the bay was still legally in force. On a different day another adjudicator might somehow find for you.

The Met police said a car had been cloned. The council still contested the Appeal. The adjudicator cancelled the PCN. Anyone would think it was all about getting money from you, this PCN lark. The council are now out of pocket as they had to pay the tribunal fee.

Please make some efforts to get the number of Appeals back up. Fight every PCN you receive to the end if you have any sort of argument.

Yours appealingly

Miss Feezance.

Monday, 9 November 2015

Final PATAS report - July 2015

Miss Feezance has been resting whilst the tribunal moved, changed its name and its software. The dust now seems to be settling although the register for November's decisions are missing for some unknown reason.

The tribunal's new home near Chancery Lane tube
It is not now possible to tell you how many new Appeals are registered by local authority each week or month. You will have to curb your excitement and get those statistics in the annual report of the chief adjudicator.

What I can tell you is that 82 Appeals were heard in July 15 and the council and the motorist both won 41 of them so it was honours even which is the usual state of affairs.

There were a mere four which are worth mentioning:

Two bus lane PCN were issued at 18:36 which was enough for them both to be cancelled as neither could be relied upon. It disclosed an unacceptable level of greed on the part of Barnet Council.

A Solicitor collecting a work laptop gained the benefit of the loading exemption. This would not have been the case if he had been collecting his personal laptop.

The back of the PCN was put into the evidence pack twice and the front not at all which meant that the council tripped over their shoelaces as the entire evidence is based upon a PCN having been issued of which there was no proof.

My final case of note which clearly was a narrow escape for the motorist. It is not usually a good idea to park across two types of marking or restriction as you can expose yourself to three contraventions at one and the same time.

Keep those Appeals coming. The local authority seem to be doing better and the trend seems to be downwards in numbers of Appeals which given how low they already are is a worrying trend.

Yours appealingly

Miss Feezance

Tuesday, 29 September 2015

PATAS - June 15

East Finchley High Road
I have moved on to monthly reports as the number of cases going to Appeal seems to be dropping. Barnet are still causing more than their fair share (of 4%) and losing more than the average 50%

Long may their win rate be so low.

All the following were circumstances in which the motorist had their PCN cancelled.

The Saracens Event Day zone. The council got a drubbing over writing that people should check the Internet before you drive to see if it is an event day. Signs weren't proven, the existence of the zone or it even being an Event Day so these are all good grounds on which to challenge. The council nearly always lose Saracens cases if they are put to proof. There were at least 10 cases in June but that is as to nothing compared to the number of PCN issued.

A motorcycle was moved. It is hard for a motorcyclist to stop this from happening unless the bike is chained to something but it does mean that there is a valid reason why the contravention did not occur.

Unloading to the third floor would easily lead to a PCN as the warden drops out of the sky (or so it seems) on a scooter, issues a PCN and then zooms away. As long as you have some documentary proof of your loading or unloading you are at least halfway to a cancellation.

The new Orange bays for permit holders in some North Finchley Car Parks have mostly led to cancellations on the grounds of the lack of clarity of the signs. At least 4 PCN were cancelled for this reason in June.

Cones in a suspended bay. They could easily be moved and are not a recognised way to delineate the suspended area.

Two cases of car cloning which ought to be obvious to the council before the tribunal stage.

If you breakdown and then get your car repaired you do not have to use a vat registered garage. The council's insistence on a vat invoice is misplaced. If you use a one man band, that is Ok as long as you have a bona fide invoice.

The council wrote that "they do no accommodate unusual or mitigating circumstances". How unusual something is is a matter of opinion but if it is relevant to your parking the council must consider it as also they must consider mitigation.

The traffic warden condoned the parking and then sent a parking ticket through the post. they can't.

The common error of paying for the wrong location usually leads to trouble. In this case both locations were in the East Finchley High Road and so the adjudicator allowed the Appeal and cancelled the PCN.

Keep those Appeals coming. I'll keep writing monthly reports with tips and hints.

Yours appealingly

Miss Feezance

Wednesday, 16 September 2015

PATAS - w/c 25 May 15 - Capita could learn ....

I must apologise for the gap in the blogging brought about mostly by the transformation of PATAS into London Tribunals which led to the register not being available for a few weeks. I will catch up asap.

Here are the stats for the week in question:

so as you can see Barnet were responsible for more than their fair share of new Appeals and contrived to lose more of them than the usual 50%.

There were four cases of note, which all led to the PCN being cancelled:

-  A dropped kerb was not proven

-  The Saracens Event Day Zone was not proven (the council struggle with this)

-  3 spaces in a bay were suspended. The bay had space for 4 cars; the 3 which were suspended was not made clear.

- My favourite, this one, in the words of the adjudicator;

The Appellant's vehicle was parked in a restricted street displaying a badge that had expired and a fairly detailed note explaining that the badge was in the process of being renewed.

Despite that note I would not criticise the CEO for issuing the PCN ( as motorists cannot write themselves exemptions from parking restrictions). However it transpires that the reason there was no valid badge on display is that the Council's agents Capita, had failed to issue him with one at the proper time.

Having heard the Appellant in person in detail there is no doubt at all that the sorry history of his attempt to renew the badge in very good time is correct; and that his request to Capita for the required renewal forms was, as he was informed by Capita when chasing the matter, "lost in the system". When the forms were eventually received on a Saturday morning, he completed them and put them in the post that same morning.

It appears that Capita could learn something from the Appellant's efficiency. 

The Council states that the Appellant should have applied for a temporary dispensation. He was never informed of this by the Council when he made his initial renewal enquiry or at any subsequent stage by the Council's agents Capita. All he was told to do was to display a note, which he did. In my judgement in these circumstances the law follows common sense and does not allow a Council to enforce a penalty for a contravention which occurred entirely as a result of its own failings (Capita being the agent of the Council for these purposes). Allowing it to do so would be the equivalent of an abuse of process and in these circumstances no contravention can be said to have occurred (see the dicta in Camden v The Parking Adjudicator and BHS t/a First for Food Service Ltd [2011] EWHC 295 Admin [2011]EWCA Civ 905) 

The Appeal is therefore allowed.

The Appellant has shown to me today a charge certificate issued in respect of a very similar case, and where he never received a Notice to Owner. He has of course the right to follow the statutory procedures to set this aside. I am not seized of that matter today. However, if it is the case that the situation in that case is indeed identical, the Council might be well advised to cancel that PCN without further ado, since if the matter ever came to appeal it might well find itself at risk of an order for costs on the Appeal being allowed.

Keep those Appeals coming.

Yours appealingly

Miss Feezance

Saturday, 27 June 2015

PATAS - w/c 18 May 15 - Gervase Rd again

Gervase Road & one of its notorious pavement parking bays
Here are the statistics for this short week due to the end of May bank holiday.

There were 4 PCN cancelled which are worth a mention.

The pavement parking bays are badly laid out in Gervase Rd. Scooter based traffic wardens know that and often pop there as they are certain to be able to issue to some poor soul who has parked in the "wrong" place. Your defence is to attack lines and signs as being inadequate and then the council have to prove them and the staff who make up the Evidence Packs will struggle to do so.

The loading bay in High Rd N12 (outside HSBC) was not well enough signed as the sign for it was hidden behind a tree whilst the one for the paybyphone bay was much more visible.

It was uncertain that a car was over 50cm from the edge of the carriageway. Make sure that at least one piece of your car is within that reasonable tolerance.

The notes of the traffic warden were unsatisfactory. You don't normally see them until the Evidence Pack stage (i.e. you have made an Appeal to PATAS) but they are worth taking a look at. If you can't make sense of the abbreviations tell the Adjudicator that at the personal hearing (you should always request a personal hearing and treat the day as a day out in London, have your hearing and then lunch or a visit to the Tate Modern or something like that so that win or lose you have a nice day out).

So in this particular week the number of Appeals stayed high (the parking manager must wonder when they are going to settle down and that will be when PCN are no longer used to fill budget shortfalls) and the success rate was higher than the usual 50%. Well done everyone.

Keep those Appeals coming.

Yours appealingly

Miss Feezance.