Tuesday, 27 November 2012

All parking tickets are invalid?

A guest blog by my friend Mr Mustard:

Christmas has come early. 
Mr Mustard was alerted to a recent case at PATAS in which the independent Adjudicator had no hesitation in declaring the PCN / Penalty Charge Notice / parking ticket non-compliant with the relevant Regulations and thus not enforceable i.e. Barnet Council have to cancel it, they simply have no choice. If the council, acting by themselves or via their agent NSL Ltd, do not concede that the wrongly worded PCNs are indeed not compliant then they run the risk of a large number of appeals to PATAS which cost the motorist nothing save a little time and cost the council £46 each time and many man hours. Recent history is that NSL cannot cope with the need to prepare appeal files for PATAS, that many do not get filed, and that the PCN are then cancelled.
So if you have a parking ticket which, just has below the times during which your vehicle was observed, the words in blue, then you are home and dry for a cancellation.
Pcn Correct and Incorrect Wordings

Now Mr Mustard will save you some time. He has drafted a standard appeal letter which you can download, print out and send off to Worthing. It would be sensible to send this by the "Signed for" service (the former Recorded Delivery) so that no-one can deny that you sent in an appeal (as if a council or its agent would cheat or lie!).

You can use this letter if you have only just received the parking ticket as well as if you have received the Notice to Owner.

Pcn Appeal Letter 1g 1h Wording
Please do let Mr Mustard know if you Appeal is not accepted and he may well step in to assist as he is becoming well known in the thin client parking section and when Mr Mustard writes what the staff know to be the truth they simply cancel the parking ticket.
There are two questions which come to mind.
1. Having fallen foul of a date error in 2006 which was not in accordance with the then applicable Road Traffic Act 1991, in the infamous Moses case, how have Barnet Council managed to fail to comply with the legislation once again?
2. Given that the parking enforcement contract was awarded to NSL Ltd partly because of their supposed expertise in this area, why have they not noticed the incorrect wording and suggested it be corrected?
So much for One Barnet outsourcing being the end to Barnet Council's problems.
If Mr Mustard has already advised you on an appeal using different grounds, please also send one of these forms in to make sure that your parking ticket does get cancelled.

Yours frugally

Mr Mustard

If you need his help please email mrmustard@zoho.com

Yours appealingly

Miss Feezance

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