Wardens Operate PCN
Call Sign March 2012
Page 7
Quota System!
In a sensational judgement, a
judge decides about Kensington
and Chelsea:
Dial-a-Cab's PCN guru, Barrie Segal, has told
Call Sign of a sensational legal verdict against
Kensington and Chelsea Council's parking
ly by the lack of clear open and honest manage-
enforcement contractors, NSL Limited.
ment, particularly on the issue of a proper
An employment tribunal judge issued the dev-
approach to the issuing of PCNs, which lead dif-
astating judgement against NSL, who were named
ferent CEOs to adopt different approaches and to
as the employers of parking attendant Hakim
their being pitted against each other - some feel-
Berkani, who claimed he was sacked from his job
ing compelled to comply with an unwritten quota
as a parking attendant for not issuing motorists
system while others, such as the claimant, adopt-
with enough PCNs!
ed the opposite approach apparently without
According to the judge, NSL - who also
attracting either formal disciplinary sanctions or
operate
parking
enforcement
for
proper guidance as a result."
Westminster City Council - maintained a
Without publishing the complete judgement,
`clandestine quota system' to issue parking
Wardens told to issue at least 10 PCNs
which we have seen and which would fill this
tickets to motorists in a `predatory and dis-
a day!
issue of Call Sign, the bottom line was that the
honest' way.
judge turned down NSL's claim that Mr Berkani
The judge's decision shows that the
was sacked for misconduct (they said he was too
Rowland. Where the evidence produced by the
Kensington and Chelsea Council contractor set
scared to issue tickets) and that the real reason
claimant disagreed with the respondent's evidence,
its civil enforcement officers a minimum quota of
was his opposition to NSL's quota system for issu-
we preferred the former.
ten parking tickets each day.
ing parking contravention notices and also his
"We accept the claimants evidence that man-
NSL is unquestionably the most significant
trade union activities, neither of which were said
agers clearly wanted more rather than less PCNs
business employing civil enforcement officers in
to be fair reasons for dismissal.The judge also said
to be issued. This is corroborated not only by Mr
the UK, offering on-street parking enforcement
that three people he had earlier named (Messrs
Foudil (Mr Berkani's witness), but by an email
for in excess of 60 local authorities. But they
Davison, Dunbar and Rowlands) were party to a
from Emma Collins, regional manager within NSL
denied setting quotas and said they were disap-
to Jeff Miles and Andrew Davison (then contract
campaign against the claimant that were designed
pointed by the judgment and contemplating an
manager) dated 9 November 2009, which read:
to "frame him on trumped-up charges."
appeal.
"There are still significant numbers of
Judge Burns decision was that Mr Berkani
The judge ended by saying that the NSL disci-
people issuing at a rate of below 9 per hour.
was unfairly sacked. His judgement read:
plinary process was a sham designed to get rid of
We should not feel uncomfortable to use the
"We found the claimant and his two witnesses to
the claimant while skating over or ignoring the
disciplinary process ... etc."
be straightforward, clear and consistent.We did not
genuine serious counter-complaints which he had
The judgement continued:"This regrettable sit-
feel the same way about the respondent's (NSL)
raised.
uation appears to have been contributed to large-
witnesses and particularly Mr Dunbar and Mr
Our thanks to Barrie Segal...
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