2 out of 3 ain't bad

In the week commencing 11 February 2013 of the 70 appeals 48 were decided in favour of the motorist, a success rate of 68% or more than 2 in 3.

 

As always, I highlight the more interesting cases.

 

In an alleged case of parking across a dropped kerb photos were considered to be fairly important (even if the council tells you they are not obligatory) and the parking ticket was cancelled.

 

Another case involving a dropped kerb. The car was not across any bit where the kerb was lowered to the level of the carriageway i.e. the stone which slopes down is not part of the dropped kerb / crossover.

 

A motorist who was actually in the process of paying for their parking when the parking ticket was issued had it cancelled. I wonder what the independent adjudicator actually thinks about this type of case.

 

Someone had been parking on the pavement in Page St for 40 years and never had a parking ticket before this one. The parking ticket was cancelled by the adjudicator who advised not parking on the pavement again in Page St.

 

In Lyndhurst Avenue there were works to the road such that a motorist with a blue badge could not access their property. They therefore parked in the road and got a parking ticket. The adjudicator said "the traffic management purpose defeats me, the lines were worn well beyond the point at which they could be said to be substantially compliant" and the parking ticket was cancelled.

 

In a case where a residents permit had expired by one day the appeal had to be refused but Barnet Council were recommended to cancel the parking ticket all the same.

 

There was an appeal based upon the hours of a CPZ zone in St Margarets Rd, Edgware. One CPZ entry sign was behind a bus stop and the other was behind foliage. The parking ticket was cancelled.

 

Now one of my favourites. Every time this motorist parks their car they take their own photograph of the visitor voucher on display because of previous problems. The traffic warden took a photo of the back of the car only which seems well dodgy. The parking ticket was cancelled by the adjudicator.

 

Another interesting case. The adjudicator was not satisfied that the record of the tax disc number was taken at the time that the parking ticket was issued. Of course if you have previously had a parking ticket the number will be on file. You could have, of course, renewed it since the previous parking ticket. The parking ticket in question was cancelled.

 

A man who helped his heavily pregnant daughter into her flat along with 2 very young children and returned to the car with a visitor's voucher found a parking ticket on the car which had been issued after 1 minute. This was held to be too quick and was cancelled.

 

Friday was very busy. The first 10 parking tickets were cancelled by Order of the Adjudicator which usually means that NSL have not provided the evidence pack.

 

On the Saturday there was a case where Barnet Council had failed to deal with formal representations. This is a procedural impropriety and so the parking ticket was cancelled.

 

In the next case the evidence pack, produced by NSL, did not contain all of the letters and so that parking ticket was also cancelled.

 

It is pleasing to see so many cases being heard in one week. If you can keep putting your appeals in as they cost you nothing then everyone has a better chance of winning.

Yours appelingly

Miss Feezance