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#Post#: 57876--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: mrmustard
Date: February 12, 2025, 3:13 pm
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This case was won at the tribunal today. To my surprise the OP
came so that made 3 of us in the pub afterwards (Hippocrates
kept buying me beer after the OP, thanks both, hic). Written
decision tomorrow.
#Post#: 57877--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: Londoner001
Date: February 12, 2025, 3:18 pm
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Hi guys
Today, with the assistance of Mr Mustard, I have won the case!
The adjudicator ordered the council to refund £265 (£200 for the
towing and £65 for the PCN, which they took on the day they
removed the car).
As I was curious, I attended the hearing today and watched the
responses of the adjudicator to the presented evidence. The
adjudicator's first response was: "not an obvious dropped kerb,
is it?"
Mr Mustard then presented my first appeal ground: the PCN was
not served. Mr Mustard showed the council's photo with my car
and the empty plastic wallet on it. The plastic wallet looked as
flat as a 'pancake' as Mr Mustard described it.
Mr Mustard then showed him the PCN that I was handed at the car
pound, which did not have any crease at all, indicating that it
was not placed in the plastic wallet before they removed my car.
The adjudicator asked whether I was served the PCN and I said no
as the car was not there when I came back. I didn't know why
they had towed away my car until I collected the PCN by hand at
the car pound.
They had basically put the empty plastic wallet on the car just
for the 'photo' effect without putting the PCN in it at all.
This itsef was sufficient for the adjudicator to conclude that
the PCN was not served. Within seconds the adjudicator noticed
this, he said: "Procedural impropriety. Appeal allowed. The
council should refund £265".
After Mr Mustard instructed him, the adjudicator also compared
'the PCN which the tribunal received from the council' and 'the
one that I was given by hand at the car pound', which were not
same. Mr Mustard helped the adjudicator notice this by comparing
the two of them. The adjudicator looked surprised when he
noticed this and asked us to give him a copy of my PCN for their
own records. The tribunal staff took a copy of it and stamped it
to say that they received it.
Within 10 minutes after I attended the hearing, the adjudicator
made his decision and allowed the appeal. He did not even think
that it was necessary for us to present the other evidence about
the council's other wrongdoings, which included:
1) serving an out-of-date notice regarding appeal rights;
2) road conditions (i.e. the dropped kerb was hidden under water
in a flooded section of the road);
3) no signs/lines put by the council to alert motorists that
there is a hidden dropped kerb there
4) disproportionate action of towing the car rather than only
issuing a PCN on a quiet residential road (they towed away my
car because it was parked next to a hidden dropped kerb under
water)
All in all, it was quite fun to watch the responses of the
adjudicator to the evidence presented by Mr Mustard. Many thanks
to Mr Mustard for his efforts to prove our points about the
council's wrongdoings.
I hope others will do the same and present councils' wrong
practices to adjudicators to stop councils abusing their
position on motorists.
Good luck to others...
#Post#: 57904--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: mrmustard
Date: February 13, 2025, 1:29 am
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224058036A
The Appellant has attended and is represented by Mr D Dishman.
The Authority's case is that the Appellant's vehicle was parked
adjacent to a footway lowered to meet the level of the
carriageway when in Brookside Road on 6 December 2024 at 09:19.
I have allowed this appeal on the grounds of a procedural
impropriety. The Regulations require that the Authority provides
to the Adjudicator a true copy of the original representations,
the Penalty Charge Notice and the Notice of Rejection.
I find that there are material differences between the PCN,
which was received at the car pound and the one produced to the
Tribunal.
The Appellant's representative has drawn my attention to a
number of minor differences on the observe of the PCN, which I
find are cumulatively not of the most serious. However, on the
reverse of the PCN I find that an entire paragraph has been
omitted, which I find appears on one and not the other.
Accordingly, I am not satisfied that the Authority has produced
a true copy of the PCN as required by the Regulations. I find
this to be a procedural impropriety. Where an Adjudicator finds
a procedural impropriety they must allow the appeal.
Additionally, if I had not found as above, I would, and in fact
do, find that the PCN was not served to the Appellant's vehicle.
The PCN produced by the Appellant, which was handed to her at
the car pound, is devoid of any crease markings, which should
have appeared if it had been placed in the plastic envelope.
I note that the tow truck was present at the time the PCN was
issued, however, I am not satisfied that the PCN was actually
placed in the plastic envelope. This is a prerequisite before e
vehicle can be removed.
On enlarging the photograph of the plastic wallet I am unable to
see any evidence of the PCN inside the wallet.
The appeal is allowed.
#Post#: 57909--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: Hippocrates
Date: February 13, 2025, 3:34 am
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Well done. ;D Mr Teper was in fine form and was with you all
the way I thought.
A pleasure to attend and meet the OP:
HTML https://www.ftla.uk/the-flame-pit/suggested-meeting-for-members-at-furnival-street-next-wednesday-12th-andor-17th/msg57878/#msg57878
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