A record week at PATAS

not many of these left

In the week which started on 4 March there were an amazing 118 Barnet appeals heard at PATAS by the independent adjudicators and 78 led to the parking tickets being cancelled. Another 5 were legally correct but the council were recommended to cancel or not collect them all the same. In a typical week NSL issue 3,000 parking &/or bus lane tickets on behalf of Barnet Council and the usual run rate of appeals to PATAS across London is 1 and a bit %. In this week the rate was more than 3%

Possible reasons are that people are getting fed up and are appealing more often, news is spreading about how to appeal or NSL are dishing out more unfair parking tickets than Barnet Council in-house staff used to do or because of the recession people fight rather than meekly pay up.

Let me give you a quick summary of the reasons why people lost their appeals:

- being in the loading bay - if the loading bay does not allow for 15 minutes free parking (a la N Finchley & Chipping Barnet) and you are not loading or unloading then stay out of loading bays. Drivers of HGVs will be grateful.

- dropped kerbs - do not make it hard for wheelchair users.

- being in the bus lane - at certain times they are for buses, stay out of them at those times

- parked on the pavement - stay off them

- incorrectly validated voucher - double check them

- used the pay-by-phone sign from across the road - don't!

- blue badge not on display - if you only ever use one vehicle why not permanently attach it to the windscreen?

These are all avoidable events. You need to park like you are paranoid because 50 traffic wardens truly are out to get you.

The parking tickets that were cancelled included a whole load where NSL / the Council simply didn't submit their evidence. Either because they knew they would lose so why spend the time or because they can't keep up which seems more likely. Once the Notice to Owner has arrived it doesn't cost you any extra to appeal to PATAS and it gives you another month or so to save up in to pay the ticket if you lose.

There was a case about not being within the bay markings. The guidance I have seen from London Councils is that a ticket should not be given for this contravention unless an entire wheel is outside the bay.

There was another case of pavement parking where the photos were so poor that you can't tell where the car is. If you get a ticket during the hours of darkness always check the photos on the council website.

An alleged case of a blue badge not being on display was not supported by a photograph and so the parking ticket was cancelled.

In another blue badge case the council's evidence was described as uncertain and so the PCN was cancelled. The moral of the story is that whereas the council will write to you in stiff terms that you are in the wrong once they get tested by an independent adjudicator they find the task rather tougher and occasionally get rebuked for misleading residents about parking law.

Some more photos were described as useless and thus the PCN was cancelled.

A parking ticket was given to a cancer patient who was parked on the footway. They had an emergency and needed to go for treatment. Although rejected by the council the independent adjudicator took a more sensible and sensitive decision and cancelled the parking ticket.

Someone parked across their own dropped kerb and got a ticket which they shouldn't have as they are only meant to be enforced upon demand and you don't ring the council to ticket your own car. Why are these tickets having to be appealed all the way to PATAS is what I don't get.

If someone else moves your car onto the pavement, maybe following an accident, then you are not liable and PATAS will cancel the ticket if they are convinced you are innocent (always tell the truth).

Keep those appeals flying in and it might make the council think about issuing fewer tickets.

Yours appealingly

Miss Feezance

NSL's New Year's Resolution? - Don't do it

The first week of the New Year at PATAS and 29 cases are listed. In 13 of them the parking ticket is cancelled by Order of the Adjudicator which is usually because the evidence pack has not arrived from the council, acting by their agent NSL. Was this because it was more profitable to close their back office for the festive period or was it their usual standard of work?

 

Four of the other cases which led to parking tickets being cancelled were as follows:

 

A motorist drove off when a traffic warden appeared as they were trying to pay on the phone. It would seem that the motorist didn't trust the traffic warden and they were absolutely correct as a parking ticket was still issued. there were however no photos and that told against the traffic warden.

 

Another motorist had paid by phone and the council had not produced good records so that led to a cancelled ticket.

 

In the case of Mr J the independent adjudicator said of the rejection letter "an overt failure to adequately identify/rebut" (arguments) that it contains "obviously copied and pasted paragraphs" and was "littered with inaccuracies and nonsensical statements". Look Barnet Council how your reputation is being damaged.

 

Finally two separate and different versions of the Penalty Charge Notice were produced as accurate copies in the one case. That was enough for the adjudicator to cancel the parking ticket.

 

If we carry on like this in 2013 I can see the number of appeals to PATAS just rising upwards. Do your bit. Appeal that parking ticket.

Yours appealingly

Miss Feezance.

PATAS - 17 to 22 September - another drubbing

This cute pig is picture 22-6.jpg

Yes, the score this week at PATAS was Barnet Motorists 22, Barnet Council 6. Another right drubbing for the council / NSL. The predicted score in a 28 goal game is 14 apiece.

 

Monday 17th saw four parking tickets cancelled by the Adjudicator for lack of evidence. The two refused appeals were of someone parking on the part of the crossover which leads to their property but that is still the road which seems harsh as they are out of the way. In future they will drive all of the way in. The other lost appeal was someone who claimed to have permission to park across the dropped kerb (which is OK outside of a CPZ) but they didn't produce a letter. Do so next time and you should be fine.

 

Tuesday 18th saw an appeal allowed whereby a Business Permit was displayed in a bay that said it was for Permit Holders (presumably just residents but signage must be clear and unambiguous). The council's evidence was uncertain hence the finding in favour of the motorist.

 

Another appeal was allowed that day where the motorist said they displayed a Visitor Voucher and the traffic warden did not photograph the sides of the vehicle despite claiming to have observed for 12 minutes.

 

The only lost case was withdrawn by the motorist who had parked across a dropped kerb.

 

Wednesday 19th was not the finest hour of Barnet Council / NSL. There was what was described as a catalogue of errors of dates and times. An email was even sent to an incorrect email address. Such incompetents.

 

Another bad case that day (except for the motorist) was because the council / NSL submitted evidence about the wrong car to PATAS. They were described as too quick to issue a ticket to a man getting a voucher from a house (I think we have all heard similar stories) and dates were described as all over the place.. The Notice of Rejection was sent after the 56 days were up. The council / NSL get 56 days in which to deal with formal objections. If they fail, you win. Keep on banging those formal appeals in, the ones you send in response to the Notice to Owner.

 

On Thursday 20th three parking tickets were cancelled by Order of the Adjudicator and another one because there were not enough photographs.

 

Friday 21st was a complete washout. Five parking tickets were cancelled by order of the Adjudicator. Barnet Council and NSL between them are a disaster.

 

Finally on Saturday 22nd two appeals were allowed by Order of the Adjudicator and one more because the Adjudicator was not satisfied that the parking ticket was properly served.

 

What this litany of woe tells you is that it pays to do the paperwork for the 3 appeals which may be necessary to get your parking ticket cancelled.

 

An informal appeal where you ask for the ticket to be cancelled.

 

A formal appeal which can simply repeat the reasons you gave earlier.

 

If that is rejected it costs you nothing to appeal to PATAS so why not give it a go. You have a 50% or more chance of winning (78% won this week)

Yours appealingly

Miss Feezance