3. Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case disap
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Re: Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case d
« Reply #30 on: »
I think I will appeal on the grounds of the delay.

None of the boxes gave me an option that showed the lack of NtO or the delay. I would have expected an 'other' section which i could describe the situation/grievance as it would go to protocol, surely?

I can't remember the box I ticked, but I after it came back after I said the above I believe it would have been the one that said:
I made representations about the penalty charge to
the Charging Authority concerned, within 28 days
of the service of the Penalty Charge Notice, but did
not receive a rejection notice.



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Re: Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case d
« Reply #31 on: »
Are you suggesting that we can't rely on the copy of the TE9 Witness Statement form that's in your reply #5 on: May 07, 2024, 04:37:38 pm above? 5th post on page 1 of this topic. The form shows that the no response to representations box has been ticked.

So is it the form that you re-sent to the TEC or not?
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Re: Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case d
« Reply #32 on: »
This is the form I re-sent yes. Thank you for highlighting it in the thread.

The following post says tick the relevant box and get it sent. I assumed it was the relevant box. If not how do I show the council didn't send an NtO?

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Re: Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case d
« Reply #33 on: »
Quote from: JackFB on June 25, 2024, 12:03:56 pm
I think I will appeal on the grounds of the delay.
@JackFB no you won't, you'll make a representation to the council. You can only make an appeal to the tribunal, and that can only happen once a notice of rejection has been issued.

If you are sure you ticked box 2 on the TE9 you sent to the court, then this is really easy:

Dear Brighton & Hove City Council,

I challenge the penalty charge on the grounds that service of the enforcement notice dated 19 June 2024 is invalid and a procedural impropriety. I filed a witness statement on the ground that I made representations against the previous enforcement notice and had not received a notice of rejection, in these circumstances the council is required to refer the matter to the Traffic Penalty Tribunal.

It follows that service of a further enforcement notice was not authorised or required by the regulations, and is therefore ultra-vires and a procedural impropriety.

Furthermore, there has been an inordinate delay of over nine months between the dates of issue of the charge certificate and the order for recovery, such that the council should not be permitted to recover the debtin any event.

For the above reasons please would you now cancel the penalty charge.

Yours faithfully,

Make sure to submit this online and keep a screenshot of the confirmation page. Once submitted keep an eye on the council portal and let us know as soon as a notice of rejection has been issued.
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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: Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case d
« Reply #34 on: »
Just to say there has been a
NOTICE OF ACCEPTANCE OF REPRESENTATIONS - thank you for all your amazing advice and counsel...

DETAILS

PCN Number: BH10240956

The representations you made about the penalty charge issued on the 11/03/2023 at 16:29
have been considered and accepted by Brighton & Hove City Council.
1. The details of your PCN / Notice to Owner:
Contravention:
01 Parked in a restricted street
during prescribed hours
2. Our reasons for accepting your representations:
The PCN was issued because the vehicle was parked in a restricted street during prescribed
hours
Please see the photographs taken by the Civil Enforcement Officer at the time the PCN was
issued:
Due to technical problems Brighton & Hove City Council has failed to respond to your
challenge within the time frame set down in the Traffic Management Act 2004.
Owing to this delay, I can confirm that the PCN has been cancelled and the case is now
closed.
Yours sincerely,
A Johnston
Parking Services Officer
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  3. Charge Certificate Sent Ignoring my NtO Representations, Brighton Council - ignore representations and online case disap