Author Topic: Does this mean I cannot take it to tribunal?  (Read 15957 times)

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Re: Does this mean I cannot take it to tribunal?
« Reply #15 on: »
OP, you're too relaxed IMO.

The NTO was received, but when we don't know.

Your wife had 28 days in which to make reps, after which a Charge Cert could be served.

But you made reps, but when we don't know.

But we do know they replied on 26 Jan. Authorities aren't noted for their response times therefore for all we know the 28 days have expired and your wife's reps would be disregarded and the penalty increased by 50% and a Charge Cert is on its way.

What is the date of the NTO.

Re: Does this mean I cannot take it to tribunal?
« Reply #16 on: »
Hi everyone.

So I submitted an appeal again to this PCN, in my wife's name, as advised.

Today we got the notice of rejection. With the London Trinubals appeal form.

How should I proceed?

Is it worth making a new thread with all the details?

Re: Does this mean I cannot take it to tribunal?
« Reply #17 on: »
Please post up all sides of the NoR, redacting only yr name & address.

Quote
Is it worth making a new thread with all the details?

No, stay with this thread.

Re: Does this mean I cannot take it to tribunal?
« Reply #18 on: »
Thanks @John U.K.

Here is all sides of the NoR.

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Re: Does this mean I cannot take it to tribunal?
« Reply #19 on: »
They haven't offered the discount so your wife making an appeal is a no-brainer.

Just by way of clarification, as your wife is the V5C holder then isn't the resident's permit renewal at issue hers? I ask because your first post and argument are that you were renewing your permit.

Re: Does this mean I cannot take it to tribunal?
« Reply #20 on: »
+1 to taking it to London Tribunals

Re: Does this mean I cannot take it to tribunal?
« Reply #21 on: »
Car is in my wife's name, I deal with everything else.

She just drives it.

I intend to take it to tribunal, but on what grounds can I take it?

Re: Does this mean I cannot take it to tribunal?
« Reply #22 on: »
Car is in my wife's name, I deal with everything else.

She just drives it.

I intend to take it to tribunal, but on what grounds can I take it?
Statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case"

Re: Does this mean I cannot take it to tribunal?
« Reply #23 on: »
But in what way?

How did it exceed the relevant amount? Sorry, I'm genuinely asking.

Re: Does this mean I cannot take it to tribunal?
« Reply #24 on: »
But in what way?

How did it exceed the relevant amount? Sorry, I'm genuinely asking.
The circumstances were such that no penalty could be demanded, hence the relevant amount is nil. It's the only way to make a collateral appeal in the LLQ & TfL Act 2003, the circumstances being that their website would not accept your attempt to renew your permit when you attempted to do so.

Re: Does this mean I cannot take it to tribunal?
« Reply #25 on: »
Your wife's permit expired on 12 Sept.

The PCN was issued on 18 Sept.

I think your wife would struggle to convince an adjudicator that the permit could not be renewed between 12th and 18th.

IMO, there are procedural grounds which arise from the NOR but to be certain pl post their 'Appeal Form' and 'guidance notes'.

Re: Does this mean I cannot take it to tribunal?
« Reply #26 on: »
Your wife's permit expired on 12 Sept.

The PCN was issued on 18 Sept.

I think your wife would struggle to convince an adjudicator that the permit could not be renewed between 12th and 18th.

IMO, there are procedural grounds which arise from the NOR but to be certain pl post their 'Appeal Form' and 'guidance notes'.

Do you mean these? They came with the NOR.

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Re: Does this mean I cannot take it to tribunal?
« Reply #27 on: »
Hi everyone,

I'm not too sure where to start in terms of a draft for taking this to tribunal. I think I've got like 2 days left. 1 day tomorrow.

Are there any pointers please?

Again, thank you all very much.

Re: Does this mean I cannot take it to tribunal?
« Reply #28 on: »
Only your wife can initiate appeal proceedings, not you. So make sure she doesn't lose by default simply because you make this mistake.

All that's needed at this stage is to register an appeal. Not write it in minute detail, but to register. 2-3 minutes at most.

Grounds:
Procedural impropriety;
Penalty exceeded.......circ

I rely upon my formal representations and am currently compiling further representations whose grounds have arisen in consequence of an improper Notice of Rejection.

My thoughts.

The regulatory 28-day period before a Charge Cert can be served ends on 26 March, so get the appeal registered beforehand.

Re: Does this mean I cannot take it to tribunal?
« Reply #29 on: »
Only your wife can initiate appeal proceedings, not you. So make sure she doesn't lose by default simply because you make this mistake.

All that's needed at this stage is to register an appeal. Not write it in minute detail, but to register. 2-3 minutes at most.

Grounds:
Procedural impropriety;
Penalty exceeded.......circ

I rely upon my formal representations and am currently compiling further representations whose grounds have arisen in consequence of an improper Notice of Rejection.

My thoughts.

The regulatory 28-day period before a Charge Cert can be served ends on 26 March, so get the appeal registered beforehand.

Thank you.

Yes I will get the wife to do it tonight.