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Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens

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#16
As per tincombe.

Clearly the notice of rejection is defective in not addressing your reps and the exemption is crystal clear in law.

Note that there is, to quote from a case (2260172311), "a mandatory statutory requirement to consider the content of the representations" and not doing so amounts to procedural impropriety.

Another case (2260207176): "A notice of rejection is a legal notice..."

This should be a slam dunk for costs if they contest the appeal.

Make sure you opt for an online or telephone hearing.
#17
I've just tried to appeal on the London Tribunals website but it says: Why didn't you appeal before? You have missed the 28 day limit to appeal.
Your appeal can only be considered if you provide a valid reason for the delay.




Bit confused since I only received the notice of rejection yesterday?
#18
On 11 Sept. you posted:

Today I've received a notice of rejection of formal representations:

Which led us to believe that it had been posted and delivered within the previous 4/5 days despite you omitting the actual date of the letter from what you posted!

What is the date of the NOR?
If more than 28 days ago, then pl explain why you received it yesterday.

When these issues occur we normally find that it's because the OP isn't the registered keeper but acting for someone else or that their RK address is not where they actually live or that they take extended holidays but don't let us in when we're trying to manage them through a time-sensitive procedure, or that the council put the wrong date on the notice of appeal.

The answer is??
#23
Details of how to appeal are incluced in the NOR. See the original screenshot I posted in this forum which didn't contain the date of the letter (bottom of page 1).

It says: "If you want to appeal against our decision to reject your representations, your appeal must be made to an adjudicator before the end of the period of 28 days of this Notice of Rejection being served on you."
#25
Details of how to appeal are incluced in the NOR. See the original screenshot I posted in this forum which didn't contain the date of the letter (bottom of page 1).

??

Appeals Process Stage 1 refers:

https://www.londontribunals.gov.uk/eat/appeals-process-explained

A Notice of Appeal form should be sent by the enforcement authority with their Notice of Rejection. If this form is not enclosed, the authority should be contacted to obtain one.

#27
Does it matter if I haven’t received a notice of appeal?

Yes, because this is required under the Tribunal's Practice Direction.

It is the document which is copied to the tribunal by the authority and which because it states the date of posting of the NOR kick-starts theit calculation of the 28-day statutory right period.

If it has been misstated, then this is another procedural impropriety.

Assuming that you don't have more than one PCN at the tribunal, then either:

They can't count; or
They've been misinformed.

As it stands, they will NOT register an appeal as being in time. This could be a MAJOR problem for you. Not only would you have to convince them that an error has occurred but also stop the authority from issuing a Charge Certificate - if they have entered the date wrongly on the NOA then possibly they've done the same with their system and a CC could be on its way.

IMO, you must get to the bottom of this.

As I understand it, a NOR must be served by post - yours arrived by email- so you could well receive a paper copy on Mon. 14/Tues 15th.

#28
I don't think I will be receving any letters. All my correspondence has been through email and I haven't received any letters (apart from the NTO) so far so I think this is all.

I can try ring the council tomorrow to try get the notice of appeal if you think that is appropriate.
Last Edit: September 13, 2026, 12:59:04 pm by Haychv
#29
The NOR is a legal document but I don't think there is anything in the reps about postal service, just the word 'serve'. Indeed the word 'serve' is also used for the NTO but that can only be done by post. I can't see a definition of 'serve'.

I would have thought the NOR by default must also be posted.
#30
I don't think I will be receving any letters. All my correspondence has been through email and I haven't received any letters (apart from the NTO) so far so I think this is all.

Point proved. The only formal notices are:

The NTO;
The NOR.

And so far the first has been mailed.

I can try ring the council tomorrow to try get the notice of appeal if you think that is appropriate.

Excellent.