Monday, 3 March 2014

PATAS - w/c 24 Feb 14 - stick to the rules

Stick to the rules please
In this week there were another 23 uses of the TE9 witness statement procedure at the TEC attached to Northampton County Court which simply delayed the inevitable and led to motorists still having to pay the PCN because they hadn't properly followed the procedure. If you don't qualify for a TE9 don't sign one. The best thing to do is to follow the procedure and timetable for challenging a PCN in the first place.

Once those 23 cases were stripped out we are left with 45 PCN which were cancelled and 45 PCN which were upheld and 3 where the council were asked to take another look at cancelling.

Of the cases which were won the council didn't bother contesting 18 (i.e. 40%) of them. They probably can't keep up with the number of Appeals so keep them coming and keep the pressure on.

The council lost one case because it was poorly presented. NSL are contracted to produce the Evidence Packs.

The signs about the Market day in Lodge Lane Car Park were found to be inadequate, as they have been in the past. The motorist in question took advice on the Pepipoo website. It might sound silly but the advice is sound.

The Saracens Zone took another drubbing. The council may say they put up posters but they didn't say where and didn't produce any and they may talk of adverts in the local paper but they didn't produce any copies. Their evidence was mere conjecture.

A person who thought they had paid the 50% in time by credit card over the phone to a customer services person found payment had not been taken and then the council wanted 100%. The adjudicator did not find this to be fair as the non-payment was not the fault of the motorist.

Unloading scaffolding isn't a quick job. There is little doubt that unloading was taking place and accordingly the adjudicator cancelled the PCN.

A suspended bay caused the usual confusion and the evidence was poor so the PCN was cancelled.

The council (NSL) produced the wrong PCN as evidence so the correct one was cancelled.

Quite a busy week but not really remarkable. Keep those Appeals coming and make the council work for their money.

Yours appealingly

Miss Feezance

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