Tuesday, 23 April 2013

PATAS w/c 8 April 13

More than 3 points required to turn this beast
Another good week at PATAS, the home of the independent adjudicator, where 37 parking tickets were cancelled, 212 were upheld and 2 were sent back to Barnet Council to think about offering some clemency. So that was a 75% win rate for the motorist.

Interesting cases include:

A vehicle had broken down. The PCN was cancelled. Why couldn't NSL or Barnet Council have cancelled the parking ticket? There was another case like this later in the week.

In Fredericks Place a vehicle was parked on the pavement which is normal for that location. The PCN was cancelled.

In an argument about pay-by-phone the records of Verrus were described as being of limited evidential value so it is worth arguing if you have paid.

A motorist doing a 3 point turn, which included going onto a crossover, received a PCN except that he was never served with it so the PCN was cancelled.

A suspension sign was poorly sited so that PCN was cancelled.

One of my favourites. A PCN was issued at 10:18 and payment was made at 10:19 so they evidently were both taking place at the same time as both the act of paying and the act of issuing a PCN each take more than 60 seconds to process. Trying to carry on and collect a penalty charge in such a situation is ridiculously mean. The joke is that the motorist only wanted 10 minutes of parking which they had paid for. If Eric Pickles gets his way they would be allowed 10 minutes grace and the lives of everyone would be improved.
Another case of delayed payment which took 7 minutes which I would say is not that unusual for pay-by-phone. The adjudicator felt bound to refuse as the PCN is legally correct but recommended to the council that they cancel the ticket all the same. The spirit of the parking rules had been complied with.
Inside a CPZ a parking ticket was given to a motorist on a single yellow line who had looked at the bay times and they were over. Thus the assumption was made that the single yellow lines were also OK to park on. It is not always the case. Often at junctions a single yellow may be for longer than the CPZ bays. In Woodside Close for example there is a single yellow line which is from 7am to 7pm and yet the zone is 8am to 6.30pm (I think, but is certainly of shorter duation). Keep an eye out when driving.
A parking ticket was cancelled as the motorist wasn't given enough time to collect a voucher.
The final case shows you the level to which NSL & Barnet council will stoop. It relates to a case of parking with 2 wheels on the pavement. Here is part of the adjudicator's comment:
There is no dispute as to the whereabouts of the vehicle at the time, on the material date. The Enforcement Authority assert the said vehicle to have been parked otherwise than wholly on the carriageway; the Appellant denies liability for the ensuing Penalty Charge Notice on the basis of the prevailing circumstances as set out in his written representations.

The Enforcement Authority's adduced evidence of the location bears out the Appellant's explanation that he had adopted the parking position so as to be parallel to other vehicles parked at the rear of the bank. The photographic capture endorses the fact that there is provision for legitimate parking at the rear of the premises.

In light of my foregoing observation on the evidence, and by virtue of the fact that I had the opportunity of meeting and assessing the 88 year old Appellant, whose oral evidence I found to be cogent and credible and I accepted it in its entirety, I make a recommendation to the Enforcement Authority. (to cancel the parking ticket)
Those stroppy eighty eight year olds have got to be kept in line.
Please keep submitting your appeals to PATAS. It is worth the slight effort.
Yours appealingly
Miss Feezance

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