Ticket in 60 seconds !

[vengeancedemon]

Saw the attached in the Mail (Well bearing in mind it is the Daily Mail though !)

 

Wonder what the thrust of Merton's appeal against the Adjudicators descision will be though

scan.pdf

[vengeancedemon]

Seems its been in several other Nationals as well

[green_and_mean]

Any article that states Councils employ Traffic Wardens, the adjudicator stated no 'offence' was commited for a civil contravention case and CEOs are only allowed to use a car to drive to their beat can hardly be relied on for facts.

[vengeancedemon]

Indeed so, I take most articles in the papers with the pinch of, but I recall seeing that someone from Merton, and this may well be apochryphal was quoted as saying that old bangers were used by the wardens (!) to save getting them vandalised by "irate" motorists

 

It will be iteresting, if perhaps vulgar to see how this progresses

[green_and_mean]

Indeed so, I take most articles in the papers with the pinch of, but I recall seeing that someone from Merton, and this may well be apochryphal was quoted as saying that old bangers were used by the wardens (!) to save getting them vandalised by "irate" motorists

 

It will be iteresting, if perhaps vulgar to see how this progresses

 

I think he said that the vehicles used did not have 'parking enforcement' signwritten on them to avoid being targeted not that 'old bangers' are used. From reading the Mail story it appears the vehicles are leased so cannot be that old, unless there is a company that specialises in leasing 'old bangers'. The Council may appeal if they feel they have not had a fair hearing especially since the publicity the case has got. It is not financially viable for the Council to attend all personal hearings so it could be that the person has attended and told a credible 'story' that has won over the adjudicator. Unlike a proper Court case the personal hearings are very one sided which is why the majority are won if they are appealed properly. A CEO never gets a chance to answer any allegations or have their say and unless the evidence is damning the appeallant is usually deemed 'a credible witness'. If for example the driver turns up at PATAS and says he had just got out of the car and was on his way to the machine when a CEO leapt out of the car and stuck a PCN on his car, the CEO will not be there to say that he had actually seen the driver coming out of KFC with a bargain bucket and was no where near the machine. In Court both sides would be questioned and have the chance to put their version of events but with adjudication the LA has to second guess the drivers defence and hope they provide enough evidence to contradict their evidence. I have emailed PATAS for a copy of the case as it intrigues me, even the stories in the press don't make sense: in one he says 'the car pulled up and they jumped out and stuck a PCN on his car' in another he alledgedly states, 'they were sitting in an 'old banger' waiting for him to park'. So we will have to wait and see what comes back as the 'truth' from PATAS which I will post when it arrives.

[vengeancedemon]

Indeed it will G & M to see the actualitie from PATAS, of course the papers will take the most(potentially) newsworthy angle, and there is a saying, "Never let the truth stand in the way of a good story !"

 

Do let us ( me) know, I am intrigued by this one

[lamma]

But won't you only get the decision ? that will just reflect part of the case.

[green_and_mean]

But won't you only get the decision ? that will just reflect part of the case.

 

At least it will show the contravention and grounds for upholding the appeal, I very much doubt the PCN was cancelled because they arrived in an old 'banger'.

[lamma]

Adjudications are notorious for finding on just one aspect and ignoring the rest. But you never know !. A few of us will be interested to see this one. well done for chasing it.

[green_and_mean]

Mystery solved, it was cancelled because only one minute observation was given and she thought that it was not long enough to tell if the appealant was loading or buying a P&D.

 

The electrician, from Sutton, said: “An old banger pulled up behind us. The

driver of the car, not in uniform, got out and was making a mobile phone call.

 

 

 

“He read the tax disc then he signalled back to the attendant who was sitting

in the old banger. He had a ticket already printed. My son came straight out. We

ran after them but they raced off.”

 

Looking at the photo location on google its a 3 car bay with the machine at the furthest end so its a bit odd that despite being no more than a cars length from the his car that the driver 'raced after them' but failed to catch them? If he was walking to the machine he would have his back to his car and would not have seen what he claims anyway.

 

 

Joanne Oxlade, an adjudicator from the Parking and Traffic Appeals Service,

condemned Merton Council’s parking enforcement tactics as “underhand”.

 

 

She said: “I consider using an unmarked civilian car, sitting in the car,

using another person to collect the data, and then just getting out of the

vehicle to issue the PCN, to be underhand.

 

A rather serious allegation with no substantive proof, I assume the allegation is he phoned through the vel details for some bizarre reason. If this is so why would he then 'signal to the CEO in the car' as alledged if he was chatting to him on the phone? It would be interesting to see if there where any photos taken of the lack of P&D if so how and when did this occur?

 

 

“I consider the parking attendant’s observation of one minute is not adequate

for him to properly assess the situation and satisfy himself the motorist is not

loading/unloading, or off to buy a voucher.

 

 

“The bottom line is I am satisfied the PCN was placed on the vehicle, albeit

hurriedly, but that the appellant was in the process of complying with

restrictions. The vehicle was not therefore parked in contravention.”

 

 

A spokeswoman for Merton Council said it paid £4,277 per month on privately

hired cars, which were used solely by civil enforcement officers, and was

looking to buy two more vehicles.

 

 

Councillor Mark Betteridge, cabinet member for performance and

implementation, said the council was “following normal practice”.

 

 

He said: “Parking is in huge demand across Merton and, to ensure fairness, we

have to ensure everyone using our car parks pays for the provision.

 

 

“Merton’s civil enforcement officers always check to see if there is anyone

at the ticket machine before issuing a penalty charge notice, and we support the

decision our parking officer made in this instance.”

[vengeancedemon]

Well reported G & M, but interested to see how Merton can set a time limit of under 60 seconds to get a voucher and return to the vehicle, if this indeed was the case - it opens up a whole raft of possibilities depending on age/mobility etc of parkers I guess

[green_and_mean]

Well reported G & M, but interested to see how Merton can set a time limit of under 60 seconds to get a voucher and return to the vehicle, if this indeed was the case - it opens up a whole raft of possibilities depending on age/mobility etc of parkers I guess

 

As stated by the Council spokesman if there is no one at the machine they can issue a PCN. I guess it really boils down to who you beleive the two CEOs who failed to spot a man buying a ticket less than 10 metres away or the driver who stood and watched a car pull up, two CEOs get out, issue a PCN and then drive away without speaking or even calling out to them, despite the fact the car was only a few yards away?? I also note he says 'my son came straight out and we ran after them' out of where? If it was out of a shop he must have gone in the shop bought an item and paid for it before the father had managed to stick a quid in a P&D?

[kelsea]

Hi everyone - I have just received a penalty charge notice from our local council for parking in restricted street during prescribed hours for ONE minute. They have supplied a photograph of my car showing my number plate parked on this double yellow line near a shop.

 

DO I have any grounds for appeal here. One minute seems very unfair. Any advise on what to do would be very welcome.

Thanks very much

Kelsea

[green_and_mean]

Hi everyone - I have just received a penalty charge notice from our local council for parking in restricted street during prescribed hours for ONE minute. They have supplied a photograph of my car showing my number plate parked on this double yellow line near a shop.

 

DO I have any grounds for appeal here. One minute seems very unfair. Any advise on what to do would be very welcome.

Thanks very much

Kelsea

 

Why were you parked on a DYL?

[Jamberson]

Depends on the nature of the restriction. Is there a loading ban? What's the exact location?