Sunday, 24 March 2013

Motorists drive the council back once again (times 47)

Mustang 67
There were 67 cases at PATAS in the week starting 11 March 2013. Of those 47 went the way of the motorist. The interesting cases, all of which resulted in a cancelled parking ticket, were:
A dropped kerb case where the council did not take sharp photographs at right angles to the kerb. If you come back to a parking ticket take your own photos of this kind before you move the car; the warden might take a picture at an angle to make the situation seem worse than it was.
A builder who went to load stuff that wasn't ready was still found to be loading. If councils have to follow that idea of Eric Pickles MP to give 10 minutes grace all those rapidly issued tickets will have to stop and the world will be a better place.
A man who collects donations for the British Heart Foundation found that NSL and/or Barnet Council didn't have a heart but the independent adjudicator did.
A lady sent a cheque in for 50% but forgot to date it. NSL sent it back, the lady was on holiday. By the time she returned it NSL insisted on 100%. The adjudicator felt, in essence, that was not fair and order that the cheque now be accepted in full settlement. Mr Mustard would have simply date stamped the cheque and banked it if there was no indication that it was not intended to be a current dated cheque. Possibly not strictly the letter of the law but a pragmatic solution.
A motorist who actually had proof of payment by phone had to go through all 3 appeal stages to get their parking ticket cancelled. Why? is the question that will never be answered.
Another dropped kerb which cannot be made out in the photos so the parking ticket cannot be upheld.
The note book kept by the traffic warden did not correspond with the times of the parking ticket. Notes have to be made at the time by the warden. You can ask for a copy of the notebook from the council to help with your appeal.
The London Ambulance Service had a ticket cancelled. Sadly no details are given as to whether it was on a 999 call or not at the time.
Another case had uncertain and vague evidence from the council. Result? parking ticket cancelled.
If you receive a letter of rejection of your argument that appears to be a template i.e. it doesn't answer your argument, that is a procedural impropriety so worth appealing against.
This is what the independent adjudicator had to say:

The council is under a duty to properly consider representations made to it in response to the notice to owner. On the appellant raising the issue I have read the council's rejection notice it appearing to be based on a template letter no reference at all being made therein to any of the points made by the appellant in her representations and I am not satisfied for that reason that the council properly considered those representations. I accordingly find that a procedural impropriety has occurred.
There were 14 cases in which no argument at all was presented. That could happen to you and is an easy win so keep on appealing.
Appeal informally after the parking ticket.
Appeal formally after the Notice to owner (use the same argument plus and new ones you think of).
Appeal to PATAS the home of the independent adjudicator.
Yours appealingly

Miss Feezance

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