Wednesday, 5 November 2014

PATAS - w/c 6 Oct 14 - rather technical

In the week starting 6 October 14 there were 1,099 new Appeals filed across London. Barnet Council accounted for 5.5% of them whereas they really only should be 4%. The percentage does seem to be drifting down though. There were 52 Barnet Appeals heard and of those some 32, that is 62%, were decided in favour of the motorist.

There were some interesting technical points.

- The formal representations were made by a representative who was not authorised to act. therefore the Notice of Rejection was a nullity and the PCN was cancelled.

- A representative, who was authorised, chased the council three times for the Evidence Pack. As he hadn't got it by the hearing date the PCN was cancelled.

- A motorist stopped to help a traffic warden and got a PCN for his pains!

Mr P has attended and explained having a journey to Enfield where his sister lives on Sunday concerned. He told me about his professional work with children in Camden & Islington. He has explained he himself does not have a motor vehicle of his own but uses his brother's for occasional journeys.

He has explained using the area where he stopped was being used as a cut through. He has stated that he stopped solely on account of their being a pavement argument between a motorist and a pair of patrolling enforcement officers.  Mr P has spoken critically of those officers.

The Council case revolves around the report of its officer giving a physical description matching Mr P's. The officer evidence reports a vehicle driving away after stopping in  the disabled bay.

It is my conclusion that there is insufficient evidence today to prove the Council allegation.  I have recorded this appeal as allowed.

- Observations were recorded in the Evidence Pack as not being continuous. Thus the traffic warden's note "NLUL" (no loading or unloading observed) isn't very convincing as he/she wasn't next to the car to see what was going on.

- The motorist was executing a 3 point turn - not parked, he says. The motorist says he was not handed a PCN, the traffic warden says he was. The adjudicator believed the motorist and cancelled the PCN.

Keep those appeals coming.

Yours appealingly

Miss Feezance

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