London Tribunals - October 2016

DNC - Do not contest

To my surprise Barnet Council did very badly in October. Of 176 cases at London Tribunals, they lost 100 of them, which is 63% and the motorist did way better than the usual 50%.

With moving traffic contraventions now being tracked by camera I expected lots of cases lost by motorists who don't know what a good Appeal looks like. This was the case with Yellow Box Junctions. There were a handful of cases won and 23 cases lost, mostly because the exit was not clear when the motorist entered the box. To beat a yellow box junction case you need either to have not entered the box unless your exit was clear (and were then cut up by another vehicle) or else the cctv does not show you entering or why you had to stop.

One very interesting stat is that Barnet Council filed a DNC notification (Do not contest) on 60 out of 176 cases which is a staggering 34%. That is one third of cases where they have resisted challenges made an an earlier stage they don't want to be tested at the tribunal. It might be that they were short staffed in October and couldn't therefore get the evidence packs together or else the earlier refusals were cynical. What it does tell you though is that it is worth your while to make your appeal if there is a one thrid chance you will win by default.

Just one adjudication worth repeating:

Overnight Waiting Ban

The Appellant's vehicle is a minibus and it is the same length as most other vehicles. The CEO noted that the vehicle has 17 seats.

The Authority submits that the prohibition covers vehicle exceeding 5 tonnes maximum gross weight (MGW) or vehicles capable of carrying 12 passengers or more. This is incorrect.The overnight parking restriction at the location prohibits the overnight parking of "commercial vehicles". A commercial vehicle is defined in the Traffic Management Order as a vehicle which has a MGW of 5 tonnes or more. The TMO goes on to exclude from this definition vehicles which are constructed or adapted solely for the carriage of no more than 12 passengers. In other words, minibuses carrying 12 passengers or more are only prohibited from parking overnight at the location if it has a MGW of five tonnes or more.

The Authority has mis-directed itself on the restriction. It has not proved that the vehicle has a MGW of five tonnes or more. The contravention has not occurred. I allow the appeal.

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If you got caught by that overnight waiting ban, which is never adequately signed, do Appeal

Yours appealingly

Miss Feezance