Tuesday, 10 September 2013

PATAS - w/c 2 September 13 - forget the internet


This was the week when the head of Ford talked about new cars being internet connected and google have trialled a car (see picture) that naturally makes heavy use of technology the independent adjudicator said you can forget the internet when it comes to parking.
 
There were 46 cancelled PCN in this week, 29 upheld and 1 recommendation for cancellation.
 
Of the 46 cancelled cases 21 of them were not the subject of any consideration as it appears that Do No Contest forms were filed by Barnet Council / NSL. The DNC form does not need to contain a reason as to why the case is no longer being pursued after all the trouble of issuing a parking ticket and then rebuffing informal and formal appeals. I can think of two possible reasons. The first is that the council is too busy to keep up with churning out evidence packs and the second is that the council / NSL have been bluffing and know they are going to lose. In this latter case I wonder if you could mount a claim for costs on the grounds that the council have been frivolous in not pursuing the PCN to the end? Do feel free to try this idea out, it seems counter-intuitive but it isn't.
 
On the Monday a PCN was cancelled as the reason for a dropped kerb was unclear.
 
This happened again on the Tuesday for a PCN in Brook Place.
 
For some bizarre reason the council / NSL demanded payment of £103. I couldn't make any sense of this at first and now I think someone was thinking of a bus lane ticket and transposed the 3 and the zero. Such a blunder, known in parking circles as a procedural impropriety, was enough for the PCN to be cancelled.
 
Now about the internet. NSL are writing letters to motorists telling them they should refer to the internet so they know when the Saracens match days are. No you don't. The signage should be clear and adequate so that any motorist visiting Barnet knows exactly where they are parking wise.
 
In a case on Wednesday it was clear that Barnet Council / NSL had not properly thought about the appeal i.e. they had not obviously considered exercising discretion.
 
Not so many of these since some parking meters were reinstalled but the old went to buy a parking voucher reasonable delay was allowed and the PCN was cancelled.
 
The council wrote that a loading bay said it was for goods vehicles only except that it didn't. oops, another cancelled PCN.
 
Another blunder in the notes which said that the contravention occurred and that the PCN was cancelled. It is now.
 
An urgent nappy change caused a motorist to be 5 minutes late leaving the Stapylton Rd car park because the changing facilities in the council library were out of use and the parent had to pop over the road to the Spires to use theirs. The PCN was not cancelled and so the spending a penny became rather more expensive as the adjudicator could find no breach of law and is not allowed to exercise discretion no matter how much they might like to.
 
The council failed to send their evidence pack for the PATAS hearing to the representative of the motorist and so the PCN was cancelled. PCN are dished out willy nilly for failing to comply with rules, the council also have to comply with them and their failures can be used against them.
 
A traffic warden told a man he could park where he was and needless to say he got a PCN. The case was not proven for other reasons but a lying traffic warden probably didn't help the case. An adjudicator will be able to tell that your indignation and testimony are real.
 
Someone made an error and paid for 60 minutes parking instead of 360 but they were only given 55 minutes and the council evidence on this point was so muddled that the parking ticket was cancelled.
 
In the Lodge Lane car park a motorist appealed their PCN for being in one of the red lined bays reserved for use by market stalls on a Friday on the grounds that signs about market day were not where they should be i.e. next to the bays. You too can use this point of appeal if you have such a PCN.
 
Keep those appeals coming as it is evident that you have a good chance of your appeal not being pursued by the council / NSL.

Yours appealingly

Miss Feezance.





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