Thursday, 31 October 2013

PATAS w/c 21 October 13 - no original ticket

Another week, another good set of appeals, 81 in all of which 46, or 57% were allowed. It is very pleasing to see so many people exercising their right to appeal to the independent adjudicator and succeeding.
There were the now regular cases with an unexplained processing delay which is a breach of your Human Right to a fair trial. Squashed PCN were from 10 August 2011 and 26 September 2011.
A suspension sign that was not visible was not enforceable.
The council tried to claim a penalty for parking across a dropped kerb by quoting the wrong legislation. They were not allowed to proceed.
A Saracens zone PCN hit the buffers as they do every time.
In a most interesting case to do with a vehicle being driven away before the PCN could be served the adjudicator wanted to see the original PCN. Oh dear, it wasn't put in evidence so it was cancelled. This case may be of use to others as it is easy for the council to claim they had started to issue a PCN and as they can't be cancelled, supposedly, then they must have finished it off and retained it as evidence? PATAS case 213046058A.
A sign that was mounted very low in Huntingdon Rd and obscured was found not to be adequate to uphold the PCN.
Due to many years of parking in that way there was a legitimate expectation that pavement parking was OK in Chapel Court. The PCN was cancelled.
A bus lane sign was missing. We only have bus lanes on one road so you might wish to refer to PATAS case 2130460411 in case you are in the same boat (or bus lane).
There is some sort of school concession in East End Road but I don't have the details. It sounds like one of those arrangements that councillors make and the traffic wardens don't know about. Check with your school to see if there are any concessions for your school.
The suspension of a PayByPhone bay was assumed to finish at 6.30pm as that is the time that the bay itself finished.
Keep those appeals coming.

Yours appealingly

Miss Feezance

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