Author Topic: Revaulting decision by Barnet Council - Courtesy of Mr Mustard  (Read 1325 times)

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Revaulting decision by Barnet Council - Courtesy of Mr Mustard
« on: 29 December, 2017, 09:21:25 AM »
Revaulting decision by Barnet Council

One day Mr Mustard hopes that he won't have to read stupid, immoral, money motivated and unreasonable council arguments in the parking ticket tribunal register. He suspects he always will.

PCN Details

PCN   AG03288185
Contravention date   01 Mar 2017
Contravention time   16:07:00
Contravention location   Finchley Road (H) (NW11)
Penalty amount   GBP 110.00
Contravention   Parked or loading/unloading during a loading ban

Decision date   05 Dec 2017
Adjudicator   John Lane
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.

Reasons   The appellant attended the hearing.
The issue of this appeal is whether the said vehicle was prevented from moving by circumstances beyond the driver’s control.

These are civil proceedings:

Both parties are under a legal duty to prove their case. They do so by way of evidence.

Therefore they each have an evidential burden also.

Their evidential burden is on a balance of probabilities. Whose evidence is more probable?

Broadly construed, evidence is anything presented in support of an assertion. This support may be strong or weak.

The strongest type of evidence is that which provides direct proof of the truth of an assertion.

The appellant has provided written proof from the bank manger of the bank he was attending to the effect that the appellant was locked in the bank and could not return to his vehicle. I have caused this to be scanned onto the system as evidence.

I will therefore allow the appeal.

So let us be clear here. You have parked your car legally before the restrictions started at 4pm. You have been held up in the bank behind a locked door, whether due to a mechanical failure or a robber waving a gun around we don't know, but whatever the reason you could not leave the bank to move your car.

Mr Brown will have made formal representations to that effect and Barnet Council, assisted or not by their contractors NSL Ltd, have refused the representations and made you take your argument to the tribunal where the adjudicator will have struggled to curtail his incredulity and judging by the shortness and simplicity of the written decision, it was arrived at very easily.

Barnet Council, in common with many others, simply have too much power. They are required to exercise their discretion in situations such as these without thinking about the money represented by the PCN. They simply aren't independent enough and are swayed by the prospect of receiving £110 from a motorist without the guts or time to fight. Luckily Mr Brown had principles & could be bothered to fight. Mr Mustard salutes you.

Yours frugally

Mr Mustard

p.s. The PCN register is a public document.

Mr Mustard can spell revolting.


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