3. PCN incorrectly issued, NTO appeal date missed
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Re: PCN incorrectly issued, NTO appeal date missed
« Reply #15 on: »
Not sure, dated 23rd Aug so maybe 25-28th Aug?
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Re: PCN incorrectly issued, NTO appeal date missed
« Reply #16 on: »
Quote from: S23 on October 19, 2023, 01:26:59 pm
Quote from: Incandescent on October 19, 2023, 12:51:20 pm
It seems to me this is the ley sentence: -
Quote
Since then a notice to owner (NTO) was served, however due to life events, I was unable to respond within the 28 day period.
Please post your reps that you submitted, albeit late, against the Notice to Owner.

Form TE9 does not seem to cover your circumstances: -
/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf

The text in the original appeal was re-sent (please see original post - spoiler tag) and dated the letter to be within the NTO period.

This might suggest that, if ignored by the authority as out-of-time or challenged by them that your reps to the NtO were not submitted in time, you will rely on your pre-dating these so they appear to have been submitted, by you, in-time.

Is this your intention?
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Re: PCN incorrectly issued, NTO appeal date missed
« Reply #17 on: »
Yes, I didn't see a reason to date my correspondence any other way
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Re: PCN incorrectly issued, NTO appeal date missed
« Reply #18 on: »
Quote from: S23 on October 21, 2023, 01:02:46 pm
Yes, I didn't see a reason to date my correspondence any other way
Regulation 18 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 is a good enough reason:

False representations
18.—(1) A person who—

(a) makes any representation under Part 2 or 3, or any provision of Schedule 1 so far as it relates to an appeal under regulation 7(1) or 10(1), that is false in a material particular, and
(b) does so recklessly or knowing it to be false, commits an offence.

(2) A person who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

Your representations were, by your own admission, out of time. They were also, by your own admission, false and misleading in a material particular. As a matter of fact and law, the authority was entitled to disregard them. You cannot now file a witness statement with the traffic enforcement centre, because that would be a contempt of court, which is punishable with imprisonment of up to two years.

I'm not sure why anyone would risk a criminal record for the sake of a parking ticket. I suggest you pay the penalty, that should ensure nobody has reason to look into this any further.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: PCN incorrectly issued, NTO appeal date missed
« Reply #19 on: »

We're getting our wires crossed IMO.

Was the keeper entitled as a matter of law to submit reps under reg. 5 (Part 2) late? Yes.

Were they entitled to 'make false reps? No.

Were the authority entitled to disregard? Yes.

Did they? No, they said they didn't receive.

IMO, while the OP doesn't have 'clean hands', this in itself does not relieve the authority of its duty nor remove the keeper's rights.

But when all is exposed, it is highly unlikely that the council would take action.

OP, what proof do you have that you submitted reps against the NTO? You cannot have proof of posting dated 17th, can you, so what proof do you have?

IMO, no proof means the adjudicator* would be entitled to decide not to register the authority's referral as an appeal, which would leave you owing the surcharged penalty. 

*- the authority would, if notified by TEC that the OfR had been revoked, be required to refer the matter to the adjudicator who may issue directions. These are normally: show us your proof.
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Re: PCN incorrectly issued, NTO appeal date missed
« Reply #20 on: »
@H C Andersen the problem is we can't even get as far as the adjudicator. S23 cannot file a witness statement with TEC declaring that he made representations in time, because that would be a contempt of court. That being the case, there is no lawful course of action that does not involve paying the penalty charge or ultimately ending up with bailiffs at the door (aside from maybe disposing of all assets and skipping the country).

The only thing I can suggest is a last-ditch plea to the authority to accept settlement at the £65 rate or at least at the £130 rate. The authority is under no duty to consider let alone accept such a request, but don't ask, don't get.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: PCN incorrectly issued, NTO appeal date missed
« Reply #21 on: »
I do not have any proof of postage. I used a stamp and posted it in a red street letterbox

I have now received the Order of Recovery: link here

If any of the options on the witness statement are suitable, please let me know. Otherwise I will follow advice above to ask if I can pay a lower rate
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Re: PCN incorrectly issued, NTO appeal date missed
« Reply #22 on: »
Quite obviously none of the grounds for filing a witness statement apply, as your representations were out of time, so you cannot file a witness statement.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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