Thursday 30 May 2013

PATAS - why people lost

 
Although 62% of appeals were won this week (43 out of 69) I thought it would make a change to look at reasons why people lost their appeal to the independent adjudicator followed by proposed preventative actions for the future in some cases.
 
Having made 4 attempts to pay-by-phone the driver simply gave up whereas he should have found a paypoint shop or a shop selling vouchers however inconvenient this might be. It sometimes takes longer to pay than what you wanted to do in the first place.
 
A taxi driver claimed to be loading but didn't provide any evidence. If he had done so he might have won his appeal.
 
An error in the registration number for pay-by-phone was the motorist's fault. I would think this should only exceptionally be the case.
 
A breakdown was claimed. No proof was provided. If it had been the appeal might have been won.
 
The wrong vehicle was chosen on the pay-by-phone system. A silly mistake should not cost someone £60 but it does.
 
There was not any proof of the alleged sale of the vehicle (do you see a pattern here about proving your case?).
 
A permit was not visible.
 
The adjudicator accepted a printout from google streetmap that a yellow line was in place. This is quite simply the wrong decision as it is not evidence from the day of the alleged contravention.
 
Parked on a bus stop. Stay out of them unless you have a bus.
 
The blue badge had become dislodged. Make sure you stick it in the corner of the windscreen where it cannot fall.
 
Parked across a dropped kerb. Don't do it.
 
Parked on a single yellow line instead of the residents bay they thought they were in. Check around your vehicle before you leave it.
 
Someone presented no real argument. Do some research!
 
Showing a blue badge but there were "no loading" kerb flashes. Don't park there.
 
Not realising that there were restrictions on a Sunday. Be alert to CPZ zone entry signs or ask a local.
 
Unloading whilst parked on the pavement. Only an option for builders when unloading is continuous and there is no other choice.
 
The cones for the 11 November parade were not out when the car was parked late the previous night. This is rough justice in my view. How would anyone know where the nearest British Legion is and the route a march would take if no signs are out.
 
Bus lane. Stay out of it during the hours of operation as there are the hardest tickets to fight.
 
In a residents bay at the wrong time. The times are usually on a nearby time plate so read it.
 
No proof of loading on1 January. These may not have been the truth? Who was delivering on New Year's Day. Stay off single yellows on Bank Holidays (except for Christmas Day) unless it is a day of the week on which they are not enforced.
 
Only 3 minutes was allowed to buy a voucher. This is a ridiculous decision. To argue better you would need to measure the time taken to get to the shop and to queue and return and then show that was reasonable.
 
The one appeal which was won which I want to mention is PATAS case 2130157049 where it was held that you don't have to wait the up to 5 minutes it takes for the confirmation text that you have paid. you are allowed to go about your business.
 
Keep those appeals coming.
 
Yours appealingly
 
Miss Feezance





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