Author Topic: Good day! Tell me how to stop the fines and open a decision through the court?  (Read 49370 times)

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But I have 4 letters for 4 other fines for this parking lot without prohibiting signs! tell me how to solve this problem through the tribunal?
You cannot solve the matter via the tribunal, because the process has passed beyond that to bailiff enforcement. You can only get to the tribunal if you can get the PCN debts that are registered at the Traffic Enforcment Centre cancelled and the process reverted to the PCN stage.

The only way to revert the process is for you to submit an Out-of-Time Witness Statement, one for each PCN. However, it would seem that you never responded to the PCNs so the process just ground on like it always does.

Did you submit any representations to the council at all ?


Yes, I wrote appeals. I sent them a photo where you can see that there are no signs. I told them that I will only resolve this issue in the tribunal!. I described everything at the beginning of this topic. I need their refusal and the case number to transfer the case to the tribunal! But they haven’t responded for 6 months!

As per previous advice.

PCNs PN3987672A, PN39795559, PN39833603 & PN39781678 have now escalated to bailiff enforcement. They are demanding £280 for each which is correct. That's a total of £1120.

If you don't pay then they, the bailiff, will visit your address and attempt to seize goods that they can sell. This will likely be the car, if they can find it. For this visit they will charge an additional £235 and another possible £110 if they actually auction your car.

However what has happened with PCN PN39936195 dated 16/10/2024? This concerns the PCN and tow of your car. You filled in the challenge form received from the impound yard and posted it. The Royal Mail tracker shows that it was delivered on the 23rd Oct 2024. You've told us you received no response.

I advised you to write to the Council about this, you did so on the 13th March 2025. The Royal Mail tracker says the letter was delivered on the 17th March 2025. I would have expected some sort of response by now. Have you received anything?

If you have received a response then please post it up. If you have not received anything then you will have to write another letter to the London Tribunals and ask them to manually schedule an appeal.

You have also told us that you appealed to the Council about the above four PCNS with Notices of Enforcement, however these were 'informal representations' with respect to the on-street PCNs attached to your car. The Council did respond to these representations and declined to cancel the PCNS. You did not pay.

You do not appear to have responded with 'formal representations' to the subsequent Notice(s) to Owner for each of the above PCNs by writing to the Council. Nor did you respond to the subsequent Charge Certificates and you then ignored the subsequent Orders for Recovery. The Orders for Recovery are Court Orders instructing you to pay the Charge Certificates.

As such you have no right to appeal to the Independent Adjudicator at the London Tribunals. Nor have you any right to apply to the court to have the process reset as you have ignored, or otherwise failed to action, the notices you were sent.

The Independent Adjudicator will not hear your cases because you did not follow the procedure which was to respond to the Notices to Owner. Had you done so, then the Council would have had to issue the credentials required to submit appeals.

If the above is not correct then please tell us when and what you sent to the Council when you received the Notices to Owner?

You have a £1120 / £1355 problem and potentially an impounded car. The only long shot that I can come up with is to submit late representations against the four PCNs to the effect that you misunderstood the enforcement process and ask them to settle each PCN at the discount rate of £65 and to call off the bailiff. They are not obliged to consider such a representation. But they might.
« Last Edit: May 02, 2025, 09:09:31 am by Enceladus »

when I picked up my car I asked for an appeal form. I immediately sent them an appeal via tracking, you can see that they received it! I did not receive a response. On your advice I sent another letter, they received a letter via tracking. I also wrote appeals for all 4. They ignored everything and only asked for money. What did I do wrong? And why don’t they respond to appeals and letters? How can I act according to the law if there is no response and number to resolve the problem in court?

Please stop entangling PCN PN39936195, which is for the PCN & towaway) with the other four. And please answer the question.

You wrote to the Council on the 13th of March 2025 concerning PN39936195. Have you or have you not had any form of response to that letter? If so, then please post up what you received?

Concerning PCNs PN3987672A, PN39795559, PN39833603 & PN39781678 which have now escalated to bailiff enforcement. You said above "....I also wrote appeals for all 4. They ignored everything and only asked for money...."

For each PCN, when did you do that? And what did you write?
Based on what you have so far told us it seems that you wrote something to the Council when you found the PCNs on your car. They wrote back and rejected you. The rejections would have advised you to wait for the Notice to Owner and then submit 'Formal Representations' however you haven't shown us anything that shows that you did that.

Because you did not submit any formal representations against each of the NTOs the matter escalated and further notices were sent, but it seems you still did nothing. Is that correct or not?

Because it seems that no formal representations were submitted, the Council did not issue any Notices of Rejection (or Acceptance). The Adjudicator will not consider a hearing unless you have first submitted a formal representation and have been refused. The rejection would have included the online credential you need to submit an appeal.

Basically in respect of each PCN when exactly did you write to the Council. And how and when? Email or postal letter on dd/mm/yyyy?
« Last Edit: May 02, 2025, 12:11:11 pm by Enceladus »

PN39936195  when I picked up my car I asked for an appeal form. I immediately sent them an appeal via tracking, you can see that they received it! I did not receive a response. On your advice I sent another letter, they received a letter .there were no answers!

PN3987672A

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PN3987672A

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PN3987672A 195

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PN3987672A 205

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PN3987672A 205

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PN3987672A 205

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You've posted up a Notice to Owner, a Charge Certificate, an Order for Recovery and a TE9 Witness Statement that has not been completed all in respect of PCN PN3987672A. These are all documents that you've already posted.

In addition, yesterday you posted up a bailiff's Notice of Enforcement for PCN PN3987672A.

You have not posted up anything that you sent to the Council concerning PN3987672A. Or any response that they made to anything you sent if you did send anything.

All of the documents are the standard escalation notices that automatically follow on from non-payment or a challenge to a Notice to Owner.

The Order for Recovery is a Court Order. You still didn't pay so the matter is now in the hands of a bailiff.

The same scenario seems to apply to all four PCNs.

PN39936195  when I picked up my car I asked for an appeal form. I immediately sent them an appeal via tracking, you can see that they received it! I did not receive a response. On your advice I sent another letter, they received a letter .there were no answers!
If any response does arrive then please post it up on here.

You will now need to write to the London Tribunals and ask them to manually schedule an appeal on the grounds that Newham have not responded to your formal representation and follow-up. You have a chance of winning because they failed to respond to your original formal representation within 56 days, as discussed earlier.

I'll try and write something up for you tomorrow.

Please try the letter below to get PCN PN39936195 and the towaway appealed to the Adjudicator.

You'll have to tailor it to suit. IE put in your name and address and so on. You will also need to include copies of the postal receipts from the 21/10/2024 and 13/03/2025 and also printouts of the Royal Mail tracking from the 23/10/2024 and the 17/03/2025.
Don't send originals, only copies.

Include an email address if you wish.

Please triple check all the details for yourself, IE PCN number, dates, tracking numbers and so on. Don't rely on me having them correct.

This letter only concerns PN39936195 so please don't include anything to do with any of the other four PCNs.

Post the letter at the Post Office counter and ask for a proof of posting. It might take two or three weeks to get a response from the London Tribunals, but when you do please post back immediately.


Notice of Appeal

To:
Environment and Traffic Adjudicators
London Tribunals
PO Box 10598
Nottingham
NG6 6DR

Appellant:
Your forename & surname
Address
Postcode

??/05/2025

Re:
London Borough of Newham
Penalty Charge Notice: PN39936195 16/10/2024
Vehicle Registration Mark: PF67VAM

FAO: The Proper Officer, Environment and Traffic Adjudicators

I write to ask you to register and schedule an appeal in respect of the above Penalty Charge Notice and the subsequent impounding of my vehicle, also on the 16/10/2024.

On the 17/10/2024 I paid £265 in charges to recover my car and received a "Representations" form.

I completed the form and posted it on the 21/10/2024 to the address provided for the purpose, L B Newham Parking Correspondence, PO Box 71575, London, E6 9LY, using a Royal Mail tracked service. Please see attached copy of the proof of posting.

The Royal Mail tracking service show that my letter was delivered on the 23/10/2024. Tracking number 02121B12016B5A71 applies, please see attached delivery report.

To date I have not received any response. In particular I have not received any Notice of Rejection or appeal details or the validation code required to submit an appeal to the Tribunal.

On the 13/03/2025 I again wrote to the Council at L B Newham Parking Correspondence, PO Box 71575, London, E6 9LY, using a Royal Mail tracked service. The letter was delivered on the 17/03/2025, Tracking number KL458909921GB applies, please see the attached proof of posting and the attached delivery report.

My letter asked the Council to cancel and refund the charges because the Council had failed to respond to my Representations against the PCN and removal within the 56 day day relevant period specified in the regulations. My Representations are therefore deemed accepted. I also asked the Council, if they did not agree, to provide the necessary validation code and forms to appeal the matter to the Tribunal.

To date I have had no response to my letter.

I have been deprived of my lawful right to appeal this matter to the Independent Adjudicator at the London Tribunals.

I would be grateful if you would please register and schedule an appeal in person.

Thank you for your assistance.

Yours,
Sign and date