Free Traffic Legal Advice

The authority's DUTY on receipt of TEC's direction to cancel the CC and notification that they had revoked the OfR was to promptly refer the matter to the adjudicator, not send you a letter giving you 28 days to appeal.

You have no right to appeal because you did NOT receive a NOR following your reps. The authority MAY NOT purport to grant you this right, it is procedural nonsense.

IMO, your appeal grounds should at least cite procedural impropriety because of the above.

Ahh this seems to fit with Charge Certificate 21.3.C: where an adjudicator has, under regulation 7( of the 2022 Appeals Regulations,
recommended the enforcement authority to cancel the relevant notice, the date on which
the enforcement authority notifies P under regulation 7(9) of those Regulations that it does
not accept the recommendation;

Looking at "The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022", paragraph 7 "Appeal to an adjudicator against a decision to reject a recipient’s representations" sticks out which supports what you've said, further, no?

( If an adjudicator—

(a)does not allow an appeal, but
(b)is satisfied that there are compelling reasons why, in the particular circumstances of the case, the enforcement notice should be cancelled,
the adjudicator may recommend to the enforcement authority that it cancel the enforcement notice.

(9) An enforcement authority to which a recommendation is made under paragraph ( must—

(a)consider afresh the cancellation of the enforcement notice taking full account of any observations by the adjudicator, and
(b)within the period of thirty-five days beginning with the date on which the recommendation is given (“the 35-day period”), notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.
(10) If the enforcement authority does not accept the adjudicator’s recommendation, the notification under paragraph (9)(b) must include the reasons for that decision.

(11) No appeal to the adjudicator lies against the decision of the enforcement authority not to accept the adjudicator’s recommendation.

(12) If the enforcement authority accepts the adjudicator’s recommendation, the authority must—

(a)cancel the enforcement notice, as soon as is reasonably practicable, and
(b)refund to the appellant any sum paid in respect of the penalty charge.
(13) If an enforcement authority fails to comply with paragraph (9) within the 35-day period, the authority—

(a)is to be taken to have accepted the adjudicator’s recommendation, and
(b)must—
(i)cancel the enforcement notice, and
(ii)refund to the appellant any sum paid in respect of the penalty charge.

I've finally got my time at the London Tribunal this week

There's been a big silence from August 7th until now??
Only you know the answer to the questions which follow, which may help others give some meaningful advice.

What is the date of your hearing?
Is it telephone or face-to face?
May we see a copy of what you actually wrote when you registered the appeal?
May we see from the Council's Evidence pack -
1) the list of contents
2) their summary as to why the Council thinks the Adjudicator should reject your appeal?

-------
A face-to-face hearing is not daunting: you may bring someone with you, the adjudicator will go through your case and will almost certainly ask questions at the end he may give a decision or reserve it or adjourn for additional eveidence. I've no experience of a telephone hearing.

The Tribunal's own website gives details of what happens:
https://www.londontribunals.gov.uk/eat/your-hearingpostal-decision

OP, where to start!!

Confusion reigns when narrative and responses based upon this precede docs which when read contradict the narrative and render responses potentially incorrect.

You do not have a resident's permit. You have an estate permit.
These are issued pursuant to tenancy etc. agreements.
This is where reference to your 'bay agreement' comes from. You were not parked on the public highway but on private land.

You were not sent a NTO following TEC's decision, instead they sent you an extra-procedural letter. IMO this and the copy NTO should be your focus.

Procedural Impropriety
Following receipt of TEC's revocation order the authority sent me a letter dated 26 July 2024 (is this in their evidence?). In summary, this letter stated:
That they had received TEC's revocation order;
That they had received my formal representations and responded on 17 October 2024(should be 2023)(a copy of this was included);

The authority then offered me the following choices:
If on reading the NOR I wished to settle the matter they would accept £65 if received by 13 Aug.
Alternatively, I could appeal to London Tribunals no later than the end of the period of 28 days beginning on service of the letter(in practice the 26 Aug.);
If I chose to neither pay by 26 Aug. nor appeal to London Tribunals then 'the case will be referred to the London Tribunals'. By whom is not stated.

I submit that this letter is a procedural impropriety for the following reasons:

The legal duty to register the appeal in the circumstances of my case falls wholly to the authority, not the owner. Even if for the sake of disposing of this matter expeditiously without the need to burden the tribunal system the authority wanted to re-offer the payment terms in the NOR, then their letter is confusing because it would accept payment of '£65' until 13 Aug. and an unspecified payment until 26 Aug. i.e. if £65 is accepted only until 13th Aug. then what sum would be acceptable between 14th and 26th?

However, the authority's actions to date have not revealed any inclination to deal with matters expeditiously as shown by the following timeline:

16/08/2023 - PCN issued;
18/09/2023 - Notice to Owner sent;
21/09/2023 - Received Notice to Owner;
29/09/2023 - Made representation via website;
22/11/2023 - Charge Cert issued;

Elapsed period of 8 months

July 2024 - Letter dated XX July 2024 received from Islington (order for recovery?)- you tell us!


I also notice in the NOR that the adjudicator has discretion to extend the period during which the recipient of a NOR may have an appeal registered, however, I do not believe this power is reserved to the adjudicator and may not be exercised by the authority as their letter purports to do i.e. I may appeal no later than 26 Aug. 2024

OP, have you posted their NOR? We needto see whether it states the above because, if it doesn't, then this is a potential PI in its own right.

And....
there are no prescribed signs for this 'off-street' parking. What you should see is a notice board with Ts and Cs of use.

Why?
Because they enforce against residents and non-residents so what you know by virtue of your 'bay agreement' is not the issue. Effectively they're treating it as they would any cat park.

Thanks chaps.

Here is what I believe is the NOR (i wish they would title these letters)

And the case summary.

I've added the imagery of the parking signs "Permit Holders only" is ambiguous. We are (and were at the time of the PCN) a "permit holder".



Best,

You have not posted the NOR.

Did you even get one?

I don't remember any arguments advanced regarding the validity of the NOR, we haven't seen it.

The procedural impropriety was their letter of 26 July and them offering you the right to appeal when in law NONE exists for you, only them.

But you are where you are. We can but wait.

I would still like to see the Notice of Rejection of Representations which MUST be in the evidence otherwise their case must fail.