Wednesday, 25 September 2013

PATAS - w/c 16 September 13 - armed robbery

Every parking ticket feels like you have been violated.

In this week 48 parking tickets were cancelled and 42 were upheld, the best week for Barnet council in a long time. There was also one ticket recommended for write off.

Notable cancellations were for

- young children alighting

- not started to issue when the motorist drove away

- kerb chevrons in poor repair

- virtually non-existent markings

- miscarriage (yes, our council fight you in these sad circumstances, parking is more important than life itself)

The authority's case is that the Appellant's vehicle was parked adjacent to a footway which had been lowered to meet the level of the carriageway when in Trinder Road on 26 June 2013 at 10.36.

The Appellant's case is that she was 4 months pregnant and started bleeding; she sought the help of a woman who lived in Trinder Road who called and ambulance. She was taken to Barnet Hospital and miscarried.

I have considered all the evidence and I find that the Appellant's vehicle was parked due to circumstances beyond the control of the Appellant due to the miscarriage of her 4 month baby.

The appeal is allowed.

and of course the Trinder Rd dropped kerb is notorious for having no purpose and now has double yellow lines extended across it to prevent this offence.

- cloned vehicle.

- Bunns Lane - parking on the footway for 7 years.

- loading compost

- 2 minutes to obtain a permit

- Cab driver helping a disabled passenger

- delivering sand

- broken down

- had paid and possessed a pay & display ticket

- confusion about the rights of business permit holders
- I was robbed

The allegation in this case is the vehicle was parked in a permit space without displaying a valid permit. Mr. X does not dispute this but says that this was after he had been the victim of an armed robbery and during a time when he was signed off work. He has provided supporting evidence to this effect. He also criticises the quality of the signage.

While Mr. X's personal circumstances at the time may have been particularly difficult, this amounts only to mitigation. The Enforcement Authority may cancel a PCN as a matter of their discretion. The Law does not give Adjudicators the power to allow an appeal which establishes mitigating circumstances only.

The Enforcement Authority have provided copies of photographs taken by the Enforcement Officer which show the time plate relied upon. While in itself this looks clear and adequate, there is no photograph showing the time plate in context with where the vehicle was parked. In the circumstances I do not feel able to say I am satisfied that the signage of restrictions was substantially compliant, clear and adequate and accordingly I allow the appeal.
- some nonsense about a clamp which doesn't happen in Barnet
- Saracens zone records "not good enough"
- given a code 19 PCN in a shared use bay, the wrong code.
keep those appeals coming, you can see it is worthwhile and 91 appeals in the week is 2.87% of the number issued which is terrific.
Yours appealingly 

Miss Feezance

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