PCN notices - compliance with PATAS judgements

You can see the charge cert on my facebook page.

You can see the charge cert here
http://www.flickr.com/photos/34088665@N0...

Perhaps haringey should consider also checking their mobile units

http://forums.pepipoo.com/index.php?show...

This was on the 13/03/2010 apparently.

whoops - that one was for Enfield not Haringey !

There you go Haringey, you're not the only ones!

Perhaps you both use ther same useless subcontractor

(Dear Moderator - if you want to delete the last two posts feel free -)

Chris, I hope your posts are not removed. Yes, the link you gave was to a PCN issued by the London Borough of Enfield. (Green Lanes continues across the borough boundary to Palmers Green.)

But this doesn't affect the general point. Enfield too issued a PCN without giving the specific location - instead using "Green Lanes N13".

I wonder how many other local councils continue to ignore the unequivocal ruling of the Parking Adjudicator in the Adamou case that to be valid, a PCN must state:
". . . not just the nature of the alleged contravention, but where it was said to have occurred."

The two photos Enfield supplied are no help. As far as I can see, they simply show cars and an unidentified yellow junction box.

Hi Chris,

I got the email below from Niall Bolger, Director of Haringey Urban Environment. It seems to cover the key points I've raised; and gives clear reassurance that Haringey is doing its best to send PCNs which comply with the law and Adjudicators' decisions.

I have one quibble - which is Mr Bolger's comment that: ". . . we will not cancel PCNs on technicalities where it can be avoided".

Plainly, local councils are not above the law. And in my view, our implicit 'bargain' with residents includes getting the lines and signs *right*. It's not a 'technicality', but about professional standards.

Alan

----- Original Message -----
From: Niall Bolger
To: Cllr Alan Stanton
Sent: Wednesday, September 15, 2010 3:38 PM
Subject: Possibility that Haringey is still issuing PCNs for yellow junction boxes without specifying the location

Thank you for your further enquiry relating to the enforcement of yellow box junctions and our compliance with statutory requirements. I am sorry that our previous replies failed to reassure you that that our parking recovery processes meet statutory requirements and ensure fairness of process for motorists.

I can confirm that the parking service will ensure that all PCNs for yellow junction boxes contain sufficient details to identify the specific junction. I understand that the problem identified with the recent IT system change has been corrected and the actual locations of the box junctions can now be clearly identified from the information provided on the PCNs.

I would also like to confirm that the parking service changes its processes when required following key decisions by Adjudicators. This may also involve seeking additional clarification on matters from our own legal team, as we will from time to time get conflicting views from Adjudicators.

The point being made in earlier correspondence is that while we will make very effort to implement changes when Adjudicators criticise due process or raise points of law, one decision in its own right is not necessarily binding on other cases, for example with the Adamou v Haringey case, other adjudicators for a number of years before had found appeals relating to those box junctions in the Councils favour and raised no issue with the information on the PCN. However we do appreciate the significance of this case and aim to comply with the findings.

When considering the cancellation of penalty charge notices, decisions are made on the merit of the representations, statutory requirements, natural justice and where possible consistency with previous decisions. The service will not pursue payment of cases where there is no legal basis to do so, and similarly we will not cancel PCNs on technicalities where it can be avoided.

In respect of PCNs that may be issued in the future without precise box junction locations, (while every effort will be made to ensure that this does not happen) cases will be looked at on the basis of any other representation ( as mentioned above) and this may well result in cases being cancelled.

I hope that this response is helpful and now brings the matter to a conclusion.

Niall Bolger
Director of Urban Environment
London Borough of Haringey

Dear Mr Stanton,

Thank you for the email.

Dear Mr Bolger and Haringey council FOI

Please note that your email to Councillor Stanton does not constitute an answer to my FOI and I still await the information requested which is now 5 days late.

Christopher Turner