Haringey Council lifted and removed the car of a friend of a friend of Mr Mustard. To see what sort of experience it was Mr Mustard went to the pound to see the car recovered. It is a tense & unwelcoming place.
In order to get your car back you have to pay the removal fee, any per night storage charges and 50% of the PCN value. That 50% is what the council will accept in full settlement within 14 days.
This is what the PCN says
This is what the balance was on the council website
That is clear then, there is nothing owing for the PCN.
The representations for a refund being refused an Appeal was made to London Tribunals. The council's case summary contained this shocking demand:
That is to move the goalposts after the full time whistle has blown and claim a penalty.
The adjudicator was not amused. This is what he said.
Asking the authority (Haringey Council) to research more thoroughly is lawyer speak for wake up & don't try that trick again.
It wasn't a ruse that Mr Mustard had ever seen before and it was never going to work for three reasons:
1. The council have a general duty at law to be fair and demanding extra payment at the Appeal stage is outwith the Regulations and manifestly unfair.
2. The council had the car and so could extract the penalty that was properly due on release of the car.
3. Contract law defines a contract as containing an offer, acceptance and consideration which all existed in this case.
Haringey Council have been ordered to refund the £65 PCN payment and the removal fee of £200. Three times in the last 3 months Mr Mustard has challenged their vehicle removals, twice they refunded of their own volition (which is rare) and this third time they have been ordered to do so. Mr Mustard just loves Haringey Council.