Tuesday, 3 December 2013

PATAS - w/c 25 Nov 13 - Charge!

Charge (certificate)

In this week 50 cases were decided and another 3 were the subject of recommendations to cancel. 32 of the 50 means 64% of the PCN were cancelled.
One case was simply misleading so the PCN was cancelled.
A car that got a parking ticket in Barnet was proved to be in Beaconsfield so must have been cloned. How come Barnet Council / NSL can't see this before the case gets to PATAS?
The adjudicator was most unimpressed with a case of parking outside of a marked bay:

The Appellant did not attend to present his appeal in person. In the light of what can be seen in the photographs I regard this as a case where the principle of de minimis ( i.e legal insignificance) should be applied, particularly in the case of a disabled badge holder otherwise entitled to park on the adjacent yellow line. A Council which seeks to enforce a penalty in such a situation merely fuels the widespread public impression that PCNs are issued for purposes of revenue raising rather than traffic management. No doubt the Appellant will take care to ensure his wheels are exactly within the bay in future.
The software used by Barnet Council / NSL is either not much cop or not very well set up in terms of parameters as it keeps issuing Charge Certificates too early. here is what the adjudicator said about one:
I have heard the appellant in person who I find an honest and credible witness. The Authority did not appear and was not represented.

The Enforcement Authority has provided notes and photographs. They inform me that the vehicle was parked on a single yellow line within a controlled parking zone (CPZ). They have provided a site map and photograph of signage.

The appellant claims that signage was confusing. He relies on a nearby pay by phone time plate which indicates restrictions commence at 13:30 on a Sunday.

in the appellant informs me that he received a notice of rejection dated 17 October 2013 and a charge certificate dated 18 October 2013. He received the Enforcement Authority's letter dated 23 August 2013 at the same time. The appellant's appeal is dated 22 October 2013 and is made well within time.

I am arranging to send to the Enforcement Authority a copy of the charge certificate. They have not provided this in evidence.

I find that there is a procedural impropriety on the part of the Enforcement Authority. I accept that the appellant received the letter of 23 August on 17 October. This deprived him of the opportunity to pay the discounted amount. I find that the Enforcement Authority improperly issued and served a charge certificate only a day after the notice of rejection and while the appeal was pending. I allow the appeal.
28 days + 2 for service should pass between the Notice of Rejection and the Charge Certificate.

Kerb flashes were not clear so the PCN for parking where loading was not allowed was cancelled.
Someone stopped for a minute and then drove away. You are allowed at least 2 minutes to set down passengers. The PCN was cancelled.
Another old moribund PCN from 2011 was squashed, this time it was 24 September 2011.
Someone got 2 PCN in one day and the car hadn't moved. The second one was cancelled.
Someone who moved on when the traffic warden asked them too was surprised to get a PCN through the mail. It has now been cancelled.
Another drop off a passenger and drive away case led to a cancelled PCN. Barnet Council / NSL need to look at their appeals process and cancel those where this ground is argued and the observations times are very short.
Some poor sod had an accident and their car was immobile. They got 4 PCNs in 2 days. One at least has been cancelled  by PATAS, another by the council, a third is heading towards PATAS and the fate of the fourth is unknown. What a mess and after your car has possibly been written off this sort of administrative headache is all you need.
Lines had disintegrated, so too now has the PCN.
The reason why a PCN was served by post was not stated. that is enough to finish off a postal PCN.
Three signs at one locations were held to cause confusion and ambiguity. In law, ambiguity is construed against the body that causes it so the PCN was cancelled.
There were two cases where the postal PCN was not allowed as there wasn't proof that the traffic warden had been prevented from serving a PCN on the spot.
The council / NSL were criticised for the selective nature of the evidential record. the PCN was binned.
Wheel valve positions were not noted so there was no proof that the vehicle had not moved between 2 observations.
The Saracens Event Day zone was not proven, for the umpteenth time so no penalty can be obtained from the motorist.
A PATAS form was not provided with the Notice of Rejection. This is a procedural impropriety and so the PCN was cancelled.
The infamous Trinder Rd dropped kerb, down the hill from Barnet Hospital, made a late appearance. Double yellow lines have now been placed across it to stop anyone from parking there (not sure if there are kerb flashes to stop blue badge holders from doing so) but the dropped kerb was held to have no purpose, the PCN was not an exact copy of the original and the representations had not been properly considered. So that was three reasons to kill the PCN and only one is needed.
Signage was twisted away at an unreadable angle so didn't count. Another PCN over and out.
A good result in a quiet week. Keep those appeals coming. Why not ask for a personal hearing at PATAS, they are fun and you'll start to learn about the process.
Yours appealingly
Miss Feezance

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