Free Traffic Legal Advice

Hi all

Just giving this a bump.. would appreciate any advice on next steps..

Many thanks

Check the status of the PCN on their website.  Until we know the situation, it's difficult to give advice. Sometimes councils can be really dilatory in responding to reps, but this works to your advantage, as failure to act in a timely manner can be considered an abuse of process. Councils are under a duty to act fairly and at the moment this is into unfairness territory.

Hi there, just checked online and status is "NTO/Enf. Notice Sent".. can't see any other comments about the appeal etc..

OP, IMO we're beyond a reply now assuming that the reps were correctly formatted, made by the keeper or authorised person on their behalf and in time.


(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—

(a)it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and

(b)it must—

(i)cancel the relevant enforcement notice,

(ii)refund any sum paid in relation to it, and

(iii)serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).

Simply write, state that you are waiting for the authority to comply with regulation 6(7) of the Appeals Regs. confirming that the NTO has been cancelled by virtue of the authority having failed to respond to representations made on ***, copy enclosed.

Thank you for all your feed back. I will draft up a response this weekend and post here for review if that's ok.

Looks like your reps have not been recorded on their system, if the last record is for them sending an NtO. so it looks like you have won. So rattle the bars of their cage again, pointing out it is <nn> days since you submitted reps and received an acknowledgment of those reps. Tell them that in accordance with the law, they must respond within 56 days, but it is now <nn> days since reps submitted.

OP, IMO we're beyond a reply now assuming that the reps were correctly formatted, made by the keeper or authorised person on their behalf and in time.


(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—

(a)it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and

(b)it must—

(i)cancel the relevant enforcement notice,

(ii)refund any sum paid in relation to it, and

(iii)serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).

Simply write, state that you are waiting for the authority to comply with regulation 6(7) of the Appeals Regs. confirming that the NTO has been cancelled by virtue of the authority having failed to respond to representations made on ***, copy enclosed.

Hi - Could you please review if this is okay and if so, should it be posted or sent via email to the same appeals email address? Thanks!


Dear Sir/Madam,

Subject: Confirmation of Cancellation of NTO for PCN AO00675318

I am writing to confirm that the Notice to Owner (NTO) for PCN AO00675318 has been cancelled by virtue of the enforcement authority's failure to respond to the representations I made on 29/04/24, a copy of which is enclosed along with the acknowledgement.

In accordance with regulation 6(7) of the Appeals Regulations, the authority is required to comply as follows:

(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—
(a) it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and
(b) it must—
(i) cancel the relevant enforcement notice,
(ii) refund any sum paid in relation to it, and
(iii) serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).

As the enforcement authority has not responded within the specified 56-day period, the NTO is deemed cancelled, and I request written confirmation of this cancellation.

Thank you for your attention to this matter.

Yours faithfully,

I am writing to request confirmation that the Notice to Owner

Thanks will amend.

Shall I post or email?

Hi all

Just wanted to update you. I've not had any response from the council on my appeals or notice of cancellation (after they failed to respond by 56 days). Its been 4/5 months now so assume all clear now 

Thanks for all your help. HNY!