Monday, 15 July 2013

PATAS - w/c 24 June

So another week passes at PATAS and 67 appeals were heard. 64%, which equals 43 of them, result in happy campers with their parking tickets cancelled. Notable wins for the following reasons:
- Inadequate evidence that the whole car was more then 0.5 of a metre from the kerb.
- No proof the car was adjacent to a dropped kerb.
-  The Council merely provides an undated photograph lifted from streetview  showing a length of carriageway where the vehicle is said to have parked. On balance I am unable to be satisfied the contravention is sufficiently proved and the Appeal is therefore allowed.
- Delivering 5kg of walnuts (don't all try this one please)
- The no loading kerb flashes were very degraded
- The vehicle was in a locked garage at the time of the alleged contravention (cloned vehicle?)
- Trivial overhang of dropped kerbs (2 cases)
- Suspended bay signs unclear
- Misleading voucher notes. All were scratched off with the same time - this is when multiple vouchers are employed, the rules don't say that the scratch off time should run concurrently.
- Unloading decorating equipment
- This vehicle was parked at this location on a Sunday afternoon. I am satisfied that it was so parked adjacent to a dropped kerb but am also satisfied the appellant raising the issue that the presence of the yellow line drawn at the edge of the carriageway across the dropped kerb potentially misleads motorists into believing that they can park at this location on Sunday afternoons when, very frequently, waiting restrictions are not in place. I acknowledge that there is both a yellow line restriction and a dropped kerb prohibition on parking at this spot but if the council wishes to enforce dropped kerb infringements it should to my mind remove any accompanying yellow line. I am not satisfied against this background that the prohibition on parking adjacent to a dropped footway at this location was clearly communicated to the appellant and find that the contravention did not therefore occur.
- Did not get the Notice to Owner from 12 March 2012. No explanation as to why no action taken for 6 months = a pretty automatic cancellation.
- Bus lane case from 9 September 2010. Justic delayed is justice denied so do fight old tickets on the grounds of a delay over 6 months at any stage prior to the bailiff being appointed (the bailiff gets a year and can apply to renew the warrant). If in doubt consult as he is the expert on the timetable.
- Vehicle had left by 10.00 when the restricted hours started.
- Blue badge correctly set at 12:15 for an arrival time of 12:05. Set to the next nearest quarter hour is not fiddling.
Quite a good week.Plenty of appeals and a higher than 50% win rate is better than the London average.
Keep them coming.
Yours appealingly
Miss Feezance

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