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Mar 21 2014

Harrow Council Caught With Pants Down Over Parking Tickets by @_MrMustard

parking_ticketOur good friend Mr Mustard over in Barnet has been hounding Harrow Council over a parking ticket recently. Mr Mustard, for those who don’t know, is somewhat of a Parking Guru – he’s produced an in-depth guide to challenging parking tickets, and has a keen interest in the whole subject. If you’ve been unlucky enough to receive one recently, we suggest you drop over to his site, and have a look.

Moving on, the ticket that Mr Mustard appealed, got cancelled as it wasn’t valid. Mr Mustard wrote to the council to point this out:

On 30 January 2014 you cancelled PCN HR37610603 because “the above location has not been properly signed in accordance with the legislations (sic)”.

This means that you agree that you did not have the legal right to issue any code 02 PCN at that location for all of the time that the kerb marks have not been in place (years probably).

I have now obtained from you under FOI (793963) the following list of code 02 PCN dates and times for the current financial year and whether they were paid in full or in part.

He then goes on to list 19 tickets that had been issued – and paid by motorists – that were probably also issued in error, noting that council will have received some £1,105 from motorists to which it wasn’t entitled. He asks if they will contact the motorists concerned and make the appropriate refunds, for the following three reasons:

  • They did not have the legal power to issue the PCN
  • There is a requirement for the Council to exercise its powers in a manner which is fair in all the circumstances (R v Secretary of State for Home Department ex parte Doody (1994) (House of Lords)) and issuing illegal PCNs is clearly not fair
  • It is the morally correct course of action.

This sits squarely within Council Leader Susan Hall’s “cleaner, safer, fairer” agenda, so we’d echo the questions he raises. As yet, no response from the Council.

Mr Mustard’s site again? http://lbbspending.blogspot.co.uk/ We’d also recommend following his Twitter feed @_MrMustard

 

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2 comments

  1. j p hobbs

    Well Done Mr Mustard we all know Harrow Council steals from its motorist as it did from me with the help of Navin Shah ,the stealth camera at Wealdstone Station caught yet another resident dropping his young daughter off to go to School ,the mother was raging about it in Waitrose , guess who they are changing their vote to in next elections , our Jeremy , not that he has done bugger all about it .

  2. Mr Mustard-Blogger

    Just to bring you up to date I asked Harrow Council if they were going to refund these invalid PCN and they turned it into a Freedom of Information request which it certainly wasn’t sent in as. I have asked them to pass the email to the Parking Manager to consider as run-of-the-mill correspondence. I’ll let you know.

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