Free Traffic Legal Advice

The ball is in the authority's court and what happens depends upon the grounds of your witness statement.

If, as seems likely, these were 'made reps but did not receive a NOR' then the authority must refer the matter to the adjudicator for their directions. In all probability, they would require you to produce a copy of your reps. It's also likely that the authority would provide you with a copy of their NOR.

In this process you cannot prove a negative, neither should inferences be drawn from your change of address. If you can show you made reps in time and a NOR was issued then the adjudicator should accept that this was not received.

The PCN on the website says:

The Penalty Charge Notice is pending a decision from the Adjudicator. Your representations have been considered and have been rejected by the Council. The matter is currently on hold whilst the Adjudicator makes a decision which is final and binding in law. If your appeal is allowed then the Penalty Charge Notice will be cancelled. If your appeal is refused then you must pay the amount due within 28 days. Please wait for the decision from the Adjudicator before making any payment.

I explained earlier.

The authority are required to refer the matter to the adjudicator, which it appears they have done.

The adjudicator decides either to register the case as an appeal or may issue directions(NOT decisions) to you and/or the authority.

This is where you are.

You've been flummoxed by the incorrect use of terms on the council's website.

Procedurally there is nothing for you to do provided that the authority and adjudicator know your contact address for the service of directions.

(2) A witness statement must state one and only one of the following—

...

(b)that P made representations to the enforcement authority under regulation 5 of the 2022 Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;

.....

(7) Where a witness statement is served including a statement under paragraph (2)(b)....... the enforcement authority must refer the case to the adjudicator.

....Where a case is referred to the adjudicator—

(a)the adjudicator may give P and the enforcement authority (“the parties”) such directions as the adjudicator considers appropriate in the circumstances, and

(b)the parties must comply with those directions.