Tuesday, 6 September 2016

London Tribunals - November 15 - Bleeding Hell

Sorry for the delay, just so many things to do.

In November 2015 there were 101 decided Appeal cases by independent adjudicators at the tribunal for Barnet Council.Of those the motorist only won 45% (45 in fact) and so Barnet Council had a better month than usual.

There were four unusual cases and part of the text of the decisions is repeated here.

Medical Emergency

I have considered the evidence in this case and I find that the Appellant stopped his vehicle due to a medical emergency over which he had no control.

I find that it was necessary for him to stop to check his bleeding to determine whether he could continue driving or required an ambulance, in case he was bleeding too profusely and could pass out whilst driving.

You do have to wonder why Barnet Council, or its contractor NSL, saw fit to fight this PCN to the end.

Wilful blindness

Mrs T explains that between the evening of 27 May and 08:30 on 28 May her car was stolen. She provides supporting evidence of that. She has a crime number from Hertfordshire police. She has evidence of a tax refund. LV Insurance have acknowledged that she is liable to receive an insurance claim in respect of the vehicle having been written off following an incident on 28 May 2015. There is an email from a Hertfordshire Police officer to Barnet parking services requesting details of the contravention.

Barnet council has been unable to verify the police reference number. However, given the totality of the evidence I am satisfied that although Mrs T was the registered keeper of the car on the day of this contravention, it had been stolen prior to the contravention and was being used without her consent. I allow the appeal.

Quite rightly, due to data protection, the police cannot tell Barnet Council or NSL anything about a reported crime without the consent of the registered keeper, when it is a mere civil contravention, a PCN, that is in question. It is wrong of the council or NSL to even phone the police.

How to turn a £1 into £56

The allegation in this case is that the vehicle was parked in a restricted street during prescribed hours. Mr P does not dispute this but says that he paid the reduced amount of £55 demanded of him in coin of the realm. He argues it would not be logical for him to pay £1 short.

In this case the Enforcement Authority have provided a copy of a cheque payment. Logical or not the cheque is for the sum of £54. It follows that, as payment of £55 was not made within the discount period, the Enforcement Authority are entitled to insist on payment of the full penalty charge of £110 and that the balance to pay is £56.

Legally correct but utterly mean & miserable.

Easier said than done.

The motorist is expected to manage the need for a toilet. The motorist who fails to stop in good time cannot rely on that failure to park in contravention when the need for the toilet becomes pressing. It would only be in exceptional circumstances that the need to use a toilet would provide an exemption from parking restrictions.

A question that comes up quite a lot. The need to spend a penny, or two, might cost you £110 in Barnet. You'll be less flush.

A report on the next month, hopefully, coming along soon.

Yours appealingly

Miss Feezance

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