Monday, 21 January 2013

"The traffic management purpose is hard to fathom"

no parking problems if you have your own drive
So here we are getting back up to date with my report from PATAS for the week which started on 7 January 13. Another cracking week for the motorist with 38 parking tickets cancelled and only 16 upheld and one of those is the subject of a recommendation to cancel, which the council would be wise to follow.
There were another 12 cases which were cancelled by Order of the Adjudicator.
Then there were two separate bus lane ticket cases which were supported by insufficient evidence so those tickets were cancelled.
A ticket for parking across a dropped kerb was cancelled because the motorist had permission to park there.
A charge certificate, sending your ticket off to be registered as a debt at the County Court, was issued in error for 2 related parking tickets. This was a procedural impropriety and led to both parking tickets being cancelled. The council / NSL usually try to talk their way out of this sort of error with the motorist; don't let them. You have to follow pedantic rules, so must the council.
In a fascinating case a Mr P received a parking ticket for parking outside the bay markings in the road he lived in. There were no photographs and no note of the tax disc number and Mr P had his own drive to park his car on (not quite like the one in the picture). It makes you wonder if the traffic wardens play a game of issuing random tickets to see if they get paid.
In another case that day the adjudicator said there was a "lack of reliable evidence" and so cancelled the parking ticket.
A person who was on the phone actually paying at the moment they received a parking ticket won their appeal and the ticket was rightly cancelled. The adjudicator said "The motorist...allowed such time as is reasonable for making payment". Now why can't Barnet Council &/or NSL accept reasonable appeals? perhaps because it hits Barnet Council in the budget.
Now we come to a corker which had technically to be refused by the adjudicator but who recommended that Barnet Council to cancel the ticket which advice really is not to be ignored. Mr C. was parked across a dropped kerb outside their own premises. The adjudicator said "The traffic management purpose is hard to fathom". Official - Barnet Council are hard to fathom! Actually they are easy to fathom - they want to screw as much money out of the motorist as possible.
Now we come to a case which lays bare the workings of the minds of parking officials. They claim that after the offence, the motorist, Mrs P, a probation officer of 30 years standing, had moved her car before taking her own photographs. This was described by the adjudicator, who is a solicitor or barrister and they know how to use their words carefully and with great meaning, as "a serious allegation". Curiously there were no photos taken by the traffic warden. So what i glean from this is that if NSL, on behalf of the council, issue a parking ticket the motorist is automatically in the wrong and to be denied cancellation at any cost.
The location on one parking ticket was described as "The Drive". That was deemed to be an insufficient description to identify the location. Take a look at any tickets you get and appeal on the grounds that the location is too vague.
There was an argument in another case about whether the motorist was parked to the left or right of a sign which showed differing times to each side. The motorist provided the better photographs and explanation and so the parking ticket was cancelled.
Another professional person received a parking ticket but their car was in the school car park at the time of the supposed contravention. Why these cases have to go all the way to PATAS would be a mystery except that Barnet Council is desperate for cash.
Yet more procedural impropriety where the letter rejecting an appeal said to wait for the Notice to Owner but one had already been issued. NSL are not the most careful or accurate with their correspondence.
Enough incompetence for one week. What you see though is that it is worth your time to complete the PATAS appeal form as Barnet Council / NSL get it wrong so often.

Yours appealingly

Miss Feezance

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