Thursday, 6 February 2014

PATAS - w/c 27 Jan 14 - not so good

Gosh, a quiet week and one in which the council somehow, and most unusually, managed to win slightly more cases than it lost at PATAS. It would only have taken 2 upheld PCN to have been cancelled for the situation to have been reversed so I don't think we can read into this that NSL have got their act together. It might show a New Year toughness on the part of the independent adjudicators but it shouldn't as they should treat each case fairly without favouring either party.

Let us look at why the lost cases were lost, and maybe what else could have been appealed.

In the first lost case the word of the traffic warden that they handed the PCN to the driver was believed over the motorist. If they had a passenger they could have produced a witness statement (it only has to be a simple signed letter).

In the next case the 50% was paid late. You must pay on time if you want the discount; within 14 days!

There was no proof that the hire had finished so that the hirer wasn't liable. Next time produce some.

There were six TE9 cases (witness statements to take the PCN back to the start due to some procedural failure). These failed as the motorist hadn't done things on the proper timetable. Solution, do PCN stuff straight away.

In a bus lane. Don't.

In a loading bay when not unloading (2 of). Don't do it.

Blue badge not displayed. Don't forget.

After filing a witness statement the motorist expected a new PCN. that is not how it works. The next step is either a Notice to Owner, a referral to PATAS or the tracing of the payment made.

Car in a motorcyle bay. Stay out of them.

On double yellow lines. Stay away.

In a CPZ. Look out for the signs as you drive past them.

A change of story about whether you were collecting your sick brother or your frail mother. Don't change your story; tell the truth.

A regular customer who wasn't unloading. I don't recommend deliberately trying to avoid payment as you will lose sometimes and it costs.

Permit now showing (3 of). If you have one, display it.

On the footway. Stay off, you get annoyed at pedestrians in the road I suspect.

Went to get change. In a cashless borough? Oh dear me no.

Paid 1 minute after the PCN was issued. This decision seems harsh.

Claimed unloading but no proof. Supply proof which could simply be a letter from whoever you were delivering to or collecting from.

Didn't see all of the sign. Take a good look next time.

Despite it being 8 at night and the photographs being terrible the adjudicator worked out the position of the car on streetmap and saw the time plate there and accepted it was still there. A bit naughty this decision in my opinion. Not much you could do about it except a current photo if there isn't a sign.

Paid for pakring but then parked in a residents bay not a pay bay. Look at the signs.

Now most of the cases could probably have been won with a bit more effort by the motorist and if they had looked to find a second argument to go with the one they relied on. It is always a good idea to read up about the type of ticket you had and see what other defences have worked. Also google the location in case others have had PCN cancelled there. Finally you can crowdsource help by registering on pepipoo and other people will help you completely free of charge to pick holes in the council's case. You have to make some effort but it greatly improves your chances of winning.

I don't want to keep posting how well the council is doing!

Yours appealingly

Miss Feezance

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