Wednesday, 19 June 2013

PATAS w/c 3 June

In the week which commenced on 3rd June there were 66 hearings at PATAS and 48 of them (73%) saw the parking ticket (PCN) cancelled.

Notable cancellations included:

- Barnet Council told a motorist that parking next to a sloping kerb was not allowed. Clang. It does not form part of a dropped kerb.

- there was no evidence of when bay suspended signs were erected.

- A yellow line across a dropped kerb was held to be misleading and should be removed.

- A cordoned off shop frontage was held to be private

- The appellant attended the hearing. I accepted his evidence that his vehicle had been involved in an accident and effectively was not capable of being driven.  I also accept that he was injured in the accident. I also accept that the vehicle was pushed to the place in question by the driver of the other vehicle in the accident and by people who had observed the accident.  I am persuaded that this was an emergency in accordance with Section 15(3)(b) of the 1974 Act.  In addition I am persuaded that there probably is a procedural impropriety in the case.  The local authority issued a notice to owner on 2nd October 2012.  The appellant made representations in a letter of 14th October 2012, which the local authority has included in their evidence. He produced proof of posting dated 17th October 2012. I have caused a copy to be scanned onto the system as evidence. The local authority notice of rejection is dated 15th February 2013. This is beyond the 56 days deadline for service of reply to representations. I will therefore allow the appeal on both limbs.

- I have carefully considered the Enforcement Authority's evidence, including their Civil Enforcement Officer's contemporaneous notes and photographs and extract from local Traffic Management Order. The Penalty Charge Notice was issued by post pursuant to Regulation 10 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007.

The Civil Enforcement Officer's notes are totally lacking in any detail as to the location at which the alleged contravention occurred and the road markings and signage in place. The supporting photographs appear to show the Appellant's vehicle in motion and, on the evidence before me, I cannot be satisfied, on a balance of probabilities, that the Appellant had been parked on a single yellow line as alleged or that a contravention had occurred.

The appeal is allowed.

- Poor quality photographs.

- PCN not handed to driver. was unloading.

- Brief notes and poor photographs.

- Loading bay - woefully lacking in detail.

- Kerb dropped for bin store.

Keep those appeals coming. The more there are the harder it is for the council to keep up as is evidenced by this tweet which reports on the contract monitoring committee meeting of yesterday evening.

Yours appealingly

Miss Feezance.

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