Free Traffic Legal Advice

I'm out.

Thank you.

IMO, your son cannot submit a TE9 - Witness Statement - unless one of the limited grounds applies. These have been set out in their reply.

The only one which could apply is 'Did not receive the NTO', but of course this depends upon whether the NTO was received. The NTO was issued on 30 July, which ties in with their response to the informal challenge dated 8 July. Their letter also refers to '3rd party representations' being made on 30 Aug, which (sort of) ties in with with the NTO (albeit the reps were made late) but these were not disregarded for lateness, but were for invalidity because they were not made by the addressee on the NTO.

If the above is correct, then the NTO was received and a TE9 may not lawfully be made because your son would be making a false declaration and therefore subject to prosecution - this isn't being written to frighten or intimidate, it's the law and I see no reason to sugar-coat this reality.

So, no TE9 = min. charge of £165 unless their offer of paying £55 is accepted.

Others will have views.

@terminator x I would say do not pay. I have complained to the council about their website and received dubious responses from the parking manager. Notwithstanding they have now changed the web pages. I say continue. If I represent you, I will use them. And they know that full well.

But, you must use the statutory process.

Ok apologies to H C Andersen, I do understand what he is saying albeit I did not realize that at the time. As it turns out the LA did use the fact that I replied instead of my son to reject the appeal however the paperwork did not turn up (they allege it was emailed).

I think you'd better pay the £55 if you still can. Despite the Notice to Owner saying in bold lettering "Do not pass to the driver", you ignored that and challenged it as the driver. Unfortunately not reading the notice is not a defence and in the circumstances, it's too late for the keeper to make representations.

For clarify the authority did not reject your representations, it disregarded them because you have no right to make representations against a Notice to Owner that is not addressed to you. All you needed to do to avoid this situation was to provide a letter of authority with the representations signed by your son, if you'd asked us at the time we would have told you to do this. Unfortunately it seems you just made the representations in your own name without checking with us, and I don't see how you can record from that.

In the circumstances paying the £55 now is likely to be the least painful option.