Tuesday, 3 September 2013

PATAS - w/c 26 August 13

A cul-de-sac
In the above week at PATAS, and the first day of the week was a Bank Holiday when PATAS doesn't sit but people still get parking tickets in Barnet, saw 32 PCN cancelled, 30 upheld and 1 odd one recommended for cancellation. In a way this was a good week for Barnet Council in that they won 48% of the cases, which is better than they usually do, but even in a short week there were 63 appeals which multiplied up would give 3,276 in a year which is far higher than in previous years. Those appeals just keep on coming. Remember that the more you appeal the more chance everyone has.
The first notable case was of a motorist ticketed for parking more than 50cm from the edge of the carriageway; this rule is to penalise double parking which sued to go on a lot in the squares of central London and people could end up blocked in. Your entire car, including wing mirrors, has to be parked in that way before a parking ticket (PCN) should be issued. In the instant case the car was parked, like vehicle A, at the end of the cul-de-sac. The adjudicator readily found that the end of the cul-de-sac was also an edge of the carriageway;p why the council and NSL felt it right to put a motorist all the way through the appeals process would be beyond me if it wasn't for the money they hoped to rake in. People park like that rather than in the corner so they don't get blocked in which is an unfortunate irony.
The old PayByPhone system caused more trouble. A motorist tried to use a public phonebox to pay which is quite possible as an operative will process your details. The phonebox was out of order and it was held that they weren't allowed enough time to pay. There were two other cases where people had left their car to collect a permit or voucher and were allowed a reasonable time which can be several minutes - it all depends on circumstances.
Another Saracens zone case saw the council / NSL fail to prove the signage. I think this might keep happening.
The council / NSL produced a Traffic Management Order for the wrong location. That was the end of another PCN.
There is a very faint double yellow line in Horsham Avenue apparently so if you get ticketed on it please appeal.
A mobile valet failed to get their PCN cancelled when they parked next to the vehicle they were working on. This sounds wrong but isn't as lots of people need their vehicle with them while they work and they all have to park properly and pay.
Another old ticket, from 19 July 2011 was cancelled as the vehicle had been stolen and this was notified to the council in September 2011. The adjudicator was as firm as ever.
The Enforcement Authority has a duty to act fairly and promptly. The delay of 16 months since the last attempt was made to enforce the Penalty Charge is unreasonable. For Mrs Lewis to be served with a Charge Certificate after such a substantial lapse in time and without prior warning is an abuse of process and clearly places her under a considerable disadvantage. She was entitled to assume the matter was finalised. Enforcing the Penalty Charge Notice by the use of a Charge Certificate after a substantial period of time is not reasonable. Therefore it is not in the interests of justice for this case to proceed further.
A suspended bay was badly signed (and the sign probably wasn't an approved one) and so the PCN was cancelled.
That was it. A run of the mill week.
Appealing is easy. Just write saying what you think was wrong. You can use the Pepipoo site if you need help.
Yours appealingly
Miss Feezance

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