Friday, 8 November 2013

PATAS - w/c 28 October 13 - so stale

If you have ever wondered how you get caught when you are tucked away somewhere taking a chance this video showing traffic wardens going about their business in Wandsworth should give you a good idea of how much ground they can cover in a very short time. How the wardens don't all get into crashes given the careless way in which they are riding is very hard to comprehend.
Now back to PATAS. There were 86 appeals in this week and 46 of them resulted in cancelled PCN (parking tickets) which is 53%.
A lady paid to park in the Lodge Lane Car park using the credit/debit card meter (wise lady) but it did not issue her with a little ticket to put in her windscreen. The paper must have run out. She made a note of how long she had and came back in time. She had a PCN. She appealed on the grounds that she had paid and produced her bank statement and a letter from the bank. The council rejected her bank statement as it didn't show the time of payment (well they aren't meant to) but failed to notice that the time of payment was in a letter from the bank which the adjudicator read more carefully than the council or NSL did. Anyone would think they read things just looking for grounds to deny an appeal. The PCN is now cancelled.
The signage for the Saracens zone was again found to be inadequate so another PCN bit the dust.
In a very interesting case, where the PCN was served by post because the driver left the scene the council failed to put into evidence the original PCN that they were supposedly prevented from affixing to the vehicle. That failure to produce the original Regulation 9 PCN (one produced at the scene) meant that the Regulation 10 PCN (sent in the post) was cancelled. A friend is about to use this defence.
The council said parking restrictions operated from 8 until 6.30 but the motorist proved it was only from 11 -12 so the PCN was cancelled. I'm not sure that all traffic wardens know the rules about CPZs.
In respect of a PCN from 13 September 2011 the adjudicator said that proceedings were so stale that a fair hearing wasn't possible and cancelled the PCN. If the adjudicator's attention is drawn to delays of 6 months or more they always cancel the PCN.
An even older PCN from 2 June 2011 led the adjudicator to say that the motorist's Human Rights came first and due to the delay he cancelled the PCN.
A PCN from 13 June 2011 was held not to have been served. The delay was not explicitly mentioned but the adjudicator may well have had it in mind. I suppose that they have internal circulars of what problems are coming up in appeals and Barnet must have had a mention for Saracens Zone and 2011 PCN.
The actions of the council in not promptly issuing a resident's permit counted against them, it not being fair to thus issue a PCN.
A van on the pavement so as to more easily clear a blocked drain had its ticket cancelled.
Two PCN from July 2011 became history and were cancelled.
Someone paid for 90 minutes but didn't get it. I have seen this problem before.
A PCN being chased from July 2011 was held to be an abuse of process.
Something odd happened to a case which Barnet asked to withdraw and permission was refused. There was some doubt about the legitimacy of the appeal form but the PCN got cancelled all the same.
Someone in a bus stop wasn't served. They were lucky to get away with that one.
Someone dropping off a cat, which has since been put down, had their PCN cancelled due to the loading and unloading exemption.
Another busy week for NSL and Barnet Council. Why not make them busier? Remember for a PCN on your car you can appeal 3 times
firstly - within 28 days of the PCN being put on your car
secondly - after you receiver the Notice to Owner (again within 28 days)
thirdly - to the independent adjudicator at PATAS within 28 days of having your last argument rejected for which you receive a notice of rejection.
It is at the third stage that you have the best chance of winning so it is worth it to flog through the other 2 stages. You don't have to respond at the first stage but you must respond to the Notice to Owner.
The third stage costs the council £40 so they probably hate it but they should allow more second stage appeals if they want fewer third stage ones.
Yours appealingly
Miss Feezance

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