Sunday, 4 August 2013

PATAS - w/c 22 July 2013

A typical week with 39 parking tickets (PCN) cancelled (canx) and 36 upheld.
12 of the cancellation appear not to have been contested at all as they are marked as dismissed by Order of the Adjudicator.
A blue badge was produced as evidence of its existence and so having refused an appeal suddenly Barnet Council agreed to it. Inconsistency is hard for the public to deal with.
A traffic warden told someone they could block a dropped kerb and then a parking ticket was still given out. Whether a parking ticket gets cancelled in this situation or not will very much depend upon circumstances and the adjudicator's view of the motorists truthfulness.
There was no cctv evidence for an alleged bus lane contravention from 2012. Also, the council had issued a charge certificate (a prelude to a court judgment) a month after an appeal was lodged at PATAS which was a procedural impropriety. Ticket canx.
A parking ticket issued by post was not properly issued. Ticket canx.
The traffic management order relied on did not agree with the local signage in N12 so the PCN was canx.
A payment for a PCN was misallocated and it took the intervention of the Adjudicator to bring the case to an end. Ticket canx.
A sprained ankle was a compelling reason for mitigation which it is quire rare of an Adjudicator to grant. Ticket canx.
The council "muddled up the enforcement process". How could this be the case when NSL are doing it? Ticket canx.
There was no proof that the traffic warden had checked the PayByPhone system for a payment. This presumably must be noted on his little handheld machine. Parking ticket canx. You'll be able to use this as an appeal point once you get the evidence pack from the council which will be at least 4 days before the date of adjudication. You can out more appeal points in once you see it.
The signs and lines in a loading bay were uncertain so the PCN was canx.
A parking ticket for parking adjacent to a dropped kerb was cancelled as the vehicle was only next to the taper kerb, the stone that slopes down.
In a case of being in one of those sections of pavement marked out for pavement parking a parking ticket for being outside of a bay was cancelled as that contravention only applies where individually marked out bays are in use not for a bay that might be 50m long.
There was another suspended bay argument, usually it is that the sign is not approved by the Secretary of State but this time it was that the description of the location of the section of road which was suspended which was ambiguous and ambiguity is in law construed against the person who caused it. PCN canx.
A PCN given out in Nursery Walk was unhesitatingly cancelled by the adjudicator who point out the 6 previous appeals at this location for the signage being at odds with the Traffic Management Order. There is a peeved tone to the notes of the Adjudicator and I can see costs being awarded if there are yet more appeals at that location. Enforcement should really stop in Nursery Walk but it probably won't.
Finally, a PCN was cancelled because the council had not dealt with formal representations i.e. ones made in response to a Notice to Owner.
I expect there will be more of the same next week and so I have something to write about next month please keep submitting those appeals.
Yours appealingly

Miss Feezance

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