London Tribunals - November 2020

 

With the pandemic continuing the number of tribunal cases has remained low. There were 55 tribunal decisions and 25, that is 45%, went the way of the motorist.

Unusual cases included these:

23 minutes in a 2 hour blue badge bay (2200410590)

Not a complete wheel on the footway (220041694A)

Inadequate notification of enforcement resuming (2244035944)

A tired doctor parked outside a bay (2200438760)

This is how much Barnet Council parking care for the NHS.

London Tribunals - October 2020

There were 88 cases decided at the tribunal during October 2020.

Only 34 of those were won by the motorist, more research is needed if you really want to win.

There wasn't much which was unusual

Barnet Council don't know dropped kerb exemptions or else they cynically reject representations. 2200331417

Alighting on a yellow line or lines. 2200388152

The council making you get a letter from the school is just an attempt to make it hard for you. Not every school will be prepared to do this, or have headed paper (not everyone does these days) nor do they have the foggeist about where or how you parked. All they can really say is the kid attended school that day.

Confusion about the covid one hour relaxation. 2200359187

London Tribunals - September 2020

 Another month reviewed.

There were 94 decisions in September the low number reflecting the lower number of parking PCNs issued in recent months. The motorist only won 33% of them which is probably a reflection of the fact that moving traffic contraventions are harder to beat as there is video evidence.

Not much that was different to tell you about.

Unproven alleged misue of a visitor voucher. 2200182474

Legal if immoral of the council, the school was closed. 2200220063

Some well deserved costs. 2200151856

The wheel was only on the line of the bus lane! 2200327012

If you have a Notice of Rejection don't just pay up to get the discount if you think you are in the right, take your case to the tribunal where you will get a fair independent hearing.

London Tribunals - August 2020

There were 66 tribunal decisions in August 2020.

Of those the motorist won 33 which is obviously 50%

The following decisions were outside the norm.

Road raised not pavement lowered. 2200199590

Delivering a food parcel to a vulnerable lady. 2200187762

End of Covid enforcement suspension not properly communicated. 2200303105

Unloading, council ignore well know principles. 2200239334

If you have a Notice of Rejection, this is a good time to Appeal.

London Tribunals - July 20

In July 2020 there were 78 Appeal decisions made of which 32, that is 41% (a bit below average) went the way of the motorist.

The following contained some item of interest:

Not a shared use drive at the dropped kerb - 2200152906

Broken down - 2200182893

The council witnessed the breakdown but still want a penalty? Robbery!

2 hours free parking - 2200161576

Although legally this is now the decision, I know it is wrong. The problem is that the main sign on bay 9154 does not tell you about the 2 hours free. The how to pay sign does tell you although I need to get a clearer photo.

I just tried the phone App and the cost came up as zero for 60 minutes. I don't think the sign says you have to register by phone for the 2 hours but I will have to double check to be certain and then I will update the blog. The 2 hours free should be mentioned on the white sign in any event.

Unloading shopping isn't unloading - 2200179560

I also think that this decision is wrong. 5 weeks of shopping would be bulky and heavy and that is exactly what the loading/unloading exemption is designed for.

Despite these two unusual and rare errors you still have more chance of winning at the tribunal than with the council, who have a vested interest in the outcome, whereas the tribunal don't.

The end.

London Tribunals - June 20

In June 2020 the number of decided Appeals at London Tribunals picked up a little with 82 decisions made of which 39 went the way of the motorist.

The following cases had interesting points within them:

Service not at the correct address 2200156543

Religious holidays are not an exemption 2200086299

A bus in a yellow box junction. 2200152837

Getting a bus across a yellow box junction is harder especially if there are two lanes as while the bus waits for a large enough receiving space opportunist cars will change lane to overtake the bus. For that reason they should, and usually have been, given more leeway by councils.

Another bus in a yellow box junction. 2200152848

Another dubious Barnet Council decision to have opposed the Appeal where the contravention was not clear cut.

Just because the traffic warden doesn't see something doesn't mean it isn't happening. 2200151233

Visitor voucher used at unknown distance 2200153567

If the voucher used too far from the resident's home to be valid then the CPZ, which is meant to be a few streets, is too large.

Charity act punished by the council, adjudicator stops it. 220012341A

Councils reject a lot of perfectly good representations. A fair hearing is there for the asking free of charge at the tribunal.

London Tribunals - May 2020

 

May 2020 was a quiet month as most parking staff had been furloughed and so they just let all tribunal Appeals be won by default. There were only 53 of them. One witness statement case was won because the motorist didn't send in the documents which had been rejected.

Lucky timing for every motorist who put their appeal in at this difficult time.

Yours appealingly

Miss Feezance

London Tribunals - April 2020

The number of Appeals heard in April 2020 plumetted whilst everyone tried to adjust to the lockdown.

16 of them were won by the motorist and 18 were lost, although one of those was subject to a cancellation recommendation by the adjudicator, an action designed to bring about justice but where the adjudicator is bound by law to refuse the Appeal.

My advice is not to say you will drive badly in order to try and avoid a penalty. Adjudicators are all experienced lawyers and don't like such talk.

This is a good time to make your Appeal.

Yours appealingly

Miss Feezance

London Tribunals - March 2020

March 2020, the month of the first lockdown, which seems an age ago, saw 115 Barnet appeals decided. Of those, 64 were won by the motorist, a better than average performance at 56%

Cases which weren't run of the mill follow.

PCN given out whilst trying to pay. 2200018492

If you are mentally ill, Barnet Council don't discrimate against you, they are equally ruthless in rejecting your challenges and fighting you at the tribunal.

Don't leave your car unattended for 3 months, things change. 220004624A

Council abuse the tribunal system and get told not to. 2200037624

Stolen car but Barnet Council still want your money. 2200074620

Not a happy Christmas.

A European blue badge but no clock. 2200054055

I think that both the council and the adjudicator got this one wrong (although adjudicators usually only decide on points raised rather than adding their own grounds of Appeal) as an EU website says this:

A redundant dropped kerb. 2200095256

This is probably the location. There is no traffic management purpose to giving a PCN out here.

Keep the Appeals coming.

Yours appealingly

Miss Feezance

London Tribunals - February 2020

In February 2020 adjudicators at London Tribunals made decisions on 111 Barnet PCNs. They cancelled 47 of them, which is 43% and slightly lower than the 50% which I regard as the norm.

There were some decisions of note.

Congested road outside a school (2190528488)

If anyone had got out of the car the outcome would probably have been different.

Children crossing the road outside a school (22008852)

It is unimpressive that the council go mud slinging when there is no proof.

Putting the wrong words isn't a typographical error (2190541078)

Had to stop due to a moving vehicle, not a stationary one (220023255)

Council sign out of date but still want a penalty (2200332471)

The behaviour of the council in rejecting perfect representations and then resisting the Appeal was an outrage.

At least you know what sort of dishonest organisation you are dealing with.

Yours appealingly

Miss Feezance

London Tribunals - January 2020

In January 2020 there were 112 decisions of which only 43 which is 38% went the way of the motorist. The decisions which contained interesting elements follow:

 

Permit back-dated so always had one (2190499302)

 

Without building numbers you cannot locate the suspended area (2190547110)

 

Sytsem wouldn't accept payment (2190555039)

 

University Close is private property (2190551377)

 

 

London Tribunals - December 2019

In December 2019, 137 decisions were made at London Tribunals about Barnet Council PCNs.

The motorist won 47 times.
That is a lowly 34% win rate.

Out of the ordinary decisions follow:

Failing to see no left turn signs on multiple occasions (2190446838)

Missing signs once or twice, or maybel even three times, is possible. In this case they were missed 26 times and so you have to wonder if the driver was actually looking out of the windscreen at all.

 

Delay in sending out visitor vouchers (2190484655)

 

 

Could have exited the yellow box junction (2190489910)

 

Minor incursion into the bus lane (2190443228)

 

PCN not served (2190496086)

 

This looks like it was a case of the traffic warden saying he served the PCN whereas he should have sent it in the post afterwards.

 

Mitigation must be considered (2190491468)

 

Singling out one vehicle (2190463746)

 

Yours appealingly

 

Miss Feezance