12 August 2013

The Parking Code and morality

Penalty Notice Charge Days
Charge to Certificate NtO to
Notice Owner
15/04/2011 21/07/2011 29/01/2013 558
18/04/2011 18/08/2011 05/02/2013 537
24/04/2011 03/08/2011 09/01/2013 525
11/05/2011 25/07/2011 30/01/2013 555
03/06/2011 16/08/2011 05/02/2013 539
24/06/2011 23/08/2011 05/02/2013 532
25/06/2011 23/08/2011 05/02/2013 532
06/07/2011 06/09/2011 06/02/2013 519
08/07/2011 06/09/2011 06/02/2013 519

Last Saturday at PATAS there were 8 cases that had been dredged up by Barnet Council from 2011 and in all of which they lost. It wasn't specifically mentioned by the Adjudicator who was generally unhappy with the delay but para 170e of the London Councils Code of Practice on Civil Parking & Traffic Enforcement says (emphasis added):

PCNs should be cancelled:-

where there has been an undue delay at any stage in processing of the PCN. This would certainly be the case with any delay exceeding 6 months, but even shorter delays may be considered unreasonable, for instance if they contribute to a motorist being unable to make detailed representations or present a case for appeal
The chart above shows 3 consecutive steps in the process (there may be representations after the Notice to Owner but they have to be submitted within 28 days and any rejection within a further 56 {why do the council get twice as long as us to react?}) so the maximum time between the Notice to Owner and the Charge Certificate is 183+28+56 = 247 days or thereabouts. The council were 300 days behind the ball.

Mr Mustard is unhappy that the council is continuing to chase old parking tickets as justice delayed is justice denied, most people will have destroyed their paperwork by now, and they can't reasonably be expected to remember what they were doing on, say 15 April 2011.

Mr Mustard has written to the leader of the council, Richard Cornelius and the cabinet member with responsibility for parking, Dean Cohen, and asked them to justify this chasing of PCN that should have been cancelled as he thinks it is immoral.

A Code of Practice should be followed just like the Highway Code should be (the council often quote from the Highway code in their case summaries saying why a parking ticket should be upheld).

If Mr Mustard gets a sensible answer he will blog it.

Yours frugally

Mr Mustard

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