Mr Mustard wins a refund after a parking contractor wrongly fined a disabled pensioner

As I am a pensioner, and can ill afford to pay, I have sent a cheque for £55 but do not admit liability, but because I don't want the penalty to go up to £110.

I cannot understand why a council would issue a blue badge and then allow their employee to ignore it.

This traumatic situation is making me ill and at 70 years of age I could well do without it.

Please investigate the appeal and advise me of your findings.

What happened next? The cheque was cashed, the file was closed and no letter was sent to the lady.

Mr Mustard's observations:

1. The council don't appear to much care how old or disabled you are. If you are still driving you are going to be dealt with as rigorously as everyone else.
2. The council do want the penalty charge notice income to fill their coffers with.
3. The contract for parking enforcement with NSL says they should reply to all letters. They have lost a brownie point for not replying. It is at the least unbusinesslike to not reply, if not downright rude. The elderly expect better manners from public servants but parking departments often run to their own rules of a lower standard.
4. What should have happened is that the challenge should have been considered and the cheque returned if the challenge was not accepted. The motorist should then have been offered 14 days to decide whether to pay the 50 per cent or to fight the parking fine at its full value.
5. Paying a PCN automatically brings an end to the process (unless there is already a live Appeal at PATAS).   
6. Other problems with this lady's penalty charge notice were that it was issued for contravention 1e which has not existed for three years. It was for parking more than 50cm from the kerb (to stop double parking) which has its own code, number 26.

In Mr Mustard's estimation her car wheels were not 50cm from the kerb (they could have been nearer mind, but don't get so close that a wheel ends up on the kerb as that is also a contravention) and the mirror was the nearest part of the car to the kerb and therefore about 10cm nearer than the wheels. The entire car has to be more than 50cm from the edge of the carriageway for this to be a contravention.

Mr Mustard approached the council's parking management and they agreed with him that the handling of this case by their contractor left something to be desired and a refund is being made. They are as rare as hen's teeth.

In future anyone who writes in with a cheque and a challenge will be properly treated. Do write to Mr Mustard's column if you are being badly treated by Barnet Council.

Yours sincerely

Mr Mustard

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