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It had to happen and finally, just before Xmas, Barnet Council managed to win 55% of the 92 cases that were adjudicated that week (there were also 2 cases subject to recommendation to cancel but I leave those aside as they aren't finished).
So for a change I will tell you why motorists lost their appeals and what they might have been able to do about it, if anything.
- Being in a bus lane. Stay out of it during the hours of operation (simple but obvious, sorry).
- The vehicle was on hire. The hirer didn't provide proof and should have done. The adjudicators are more readily convinced by paper evidence than by mere words.
- Claimed the PCN plastic wallet was empty. That may well have been the case but you still need a better argument than that as the Notice to Owner also sets out the alleged contravention details and although the PCN may have been removed by the traffic warden after issue and taken away your chance of paying at the 50% rate, you just have to take that on the chin and start looking for why the contravention did not occur. Traffic wardens doing such a thing could become a thing of the past if everyone who doesn't get their PCN takes it to PATAS which causes extra work and cost for the council. The motorist is already in for the full penalty so has nothing to lose by pursuing an appeal to PATAS.
- Claimed to have paid but didn't provide any proof. You need to produce copies of your texts and credit or debit card transactions to show that payment was duly made.
- Didn't realise was inside a CPZ. If all the single yellow lines don't have timeplates then you are probably inside a CPZ and you need to track back to the point where you passed a large CPZ entry sign to see what times apply to the single yellow lines (unless they have their own time plate which takes priority) or park in a car park or other pay to park bay.
- In a motorcycle bay. Don't park in it unless you are riding a powered two wheeler. It is free to park one in Barnet.
- On footpath. Just don't ever put a wheel on the pavement, ever.
- Had a blue badge on display but there was a sign saying No Loading. As well as the sign there should also be flashes of yellow paint across the kerb. The missing flashes, or the missing sign, could be your escape route from such a PCN.
- Across a dropped kerb. Don't park across a dropped kerb except with the permission of the householder and only then outside CPZ hours (OK if outside a CPZ with permission at any time) and only when the dropped kerb serves one home. If you are visiting a block of 4 flats where only one person drives you cannot park across the dropped kerb even with the permission of that one driver. The council should only issue PCN for dropped kerbs serving one home at the request of the home occupier. If you are genuinely parked get the home occupier to write to the council and ask them why they are giving out PCN when not requested and put a copy of this letter in your evidence to PATAS.
- Witness statement TE9 submitted but not supported by evidence of prior appeal. If you file a witness statement to take the PCN back to an earlier stage and say that you submitted representations i9n response to the Notice to Owner then be ready and prepared to produce them. If you didn't keep a copy (which you always should) then do your best to produce what your memory says you sent and when you sent it. The council don't have a copy after all. There is no point in filing the TE( and then not providing backup to your case; you will simply be told to pay the PCN although the 50% uplift and the extra £7 will probably go away (but not if you have abused the procedure).
- PaidByPhone for the wrong vehicle. Go online and tidy up your vehicles if you get a new one, delete the old one to stop it happening. If you have more than one then double check every time you pay or try to use debit/credit card meters if there are any because that way the error cannot occur.
- Vehicle parked more than 50cm from the kerb. This contravention is hard to argue against. Check the council's photos online and make sure the entire car is that far away, a single part of the car that is less will stop the PCN. So don't park in the middle of the road on some white cross hatchings and do park reasonably close to the kerb at all times.
- Permit falls off the windscreen. It is the failure to display that is the offence not the failure to buy a permit. Always attach your resident permit to the windscreen using the backing it comes with (it will last at least a year) or if you print out your own permit at home don't leave it flapping about on the dashboard but cut it out and put it into a plastic wallet or sellotape it to the windscreen. You can buy permit holders and parking ticket clips very cheaply on ebay.
- No proof of when the vehicle was purchased. You simply have to prove that you purchased the vehicle after the PCN was issued (or sold before the PCN was issued) by some method, by documents if possible.
- Not unloading. If you are a business it should be a simple matter to produce a professional looking invoice and/or delivery note to evidence that you were collecting or delivering goods. As an individual it might be harder. People delivering to charity shops often get caught but the manager will probably give you a letter as they want you to donate again in the future. If you were delivering something for a friend get them to write out a letter saying what you were doing for them.
- In a disabled bay without a blue badge. you simply shouldn't do this. If you had a blue badge but forgot to put it out the council might let you off but the adjudicator can't as you did commit the contravention. You will need something to be procedurally wrong with the council's paperwork.
- Double yellow line was substantially compliant. Don't take risks with lines that are a little worn and think that you'll get away with it as if the message is clear, albeit a bit battered, the adjudicator might find that you chose to ignore the obvious message.
There are still a few odd days of adjudications to go this year. If you are going to complete the PATAS form you really do need to do a thorough job of producing your evidence to give yourself the best chance. Try and rustle up more than one argument as you only need one to work so having three will greatly improve your chances.
Yours appealingly
Miss Feezance
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