Thursday, 8 August 2013

PATAS - w/c 29 July 13


In this week there were 45 PCN (parking tickets) cancelled and 33 upheld with 2 extra cases recommended for cancellation.
 
The very first case recommended for refusal was someone whose car had transgressed as they had been remanded in custody. Imagine telling the desk sergeant that you will be back in a few minutes as your priority is to move your wrongly parked car? The Adjudicator recommended that Barnet Council accept the 50% that had been understandably paid late in full and final settlement.
 
A traffic warden noted that the motorist was collecting a KFC. Whether he was or he wasn't, he didn't collect a PCN as it was cancelled by the Adjudicator.
 
A Tandoori delivery driver didn't have to pay a parking ticket as he was obviously unloading, or delivering as it is known.
 
The adjudicator couldn't understand why Barnet were chasing payment of a PCN from 21/11/11 when the Charge Certificate wasn't issued until 15/11/12 which breaches the 6 months with no activity rule.
 
Someone parked a bit askew in Percy Rd but the whole car was not more than 50cm from the kerb so they may have been untidy but they didn't have to pay a PCN because of that.
 
A case had vague and uncertain evidence so the PCN was cancelled.
 
A regulation 10 PCN (sent through the post) did not say the the traffic warden was prevented from serving the PCN so it was cancelled (as it is a statutory requirement).
 
Photographs taken in another case were simply not produced so the PCN was cancelled. Were the council shy or did the photos not prove anything?
 
I like this comment of the adjudicator "No explanation why CEO did not photograph the driver's window for the permit" which sounds rather like "I think the traffic warden was cheating". The PCN was cancelled.
 
There were 2 cases of PCN which were being chased in 2011 and no explanation was given for the inordinate delay. This led to two more PCN in the bin.
 
There was a failure to comply with para 32(d) of the General Regulations 2007 so yet another PCN bit the dust.
 
I am sure by now that you have the idea that you might as well appeal through all 3 stages as you have nothing to lose.
 
Yours appealingly
 
Miss Feezance


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