Free Traffic Legal Advice

If you have to post anything then do so first class at the Post Officer counter before last post and obtain a FOC proof of posting. The letter will be deemed served on the second working day after posting.

There is a problem with appealing the PCN and tow. Your sister retrieved the car on the 1st of June. You had 28 days beginning with that date to submit a representation (challenge), which if refused would have included the credentials to appeal to the Adjudicator at the London Tribunals. You're now late. Without the Notice of Rejection you won't be able to appeal to the Adjudicator.

This has apparently come about because at the pound they didn't give you (your sister) the instructions concerning your rights to make representations and appeal and how to go to do so. And so you didn't know of the deadlines. So you should explain that in the pound section. Hopefully they will still accept your representations.

@Enceladus and @cp8759, thank you!

I wasn't aware of the ability to make an out-of-time so I'll do that and include the bits you mentioned.

Then I'll include this also in the pound section moreso to reference the malpractice at the site and how I intend to do the above, rather than appealing it in this reprsentation.

And yes, that's a good point about first class too @Enceladus so I will do that. Annoyingly I will have to send 13 of these for the 13 NTOS, albeit I have only received four so far!

Wouldn't I need to appeal each NTO separately, even if my appeal letter is the same across them?

EDIT: For now I'm just going to send the appeal in the envelope along with the 4 NTO's I've received so far.

@John U.K.

Yes, you are right sorry. I am sending in my representation against the NTOs. My understanding is if this is rejected, I will get a Notice of Rejection and then I can make an appeal to an independent adjudicator (the tribunal?).

I've tried to keep the final draft as short as possible and state the facts as suggested by @Enceladus

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I am appealing the Notice to Owner (NTO) issued to me. This appeal applies to 13 of the 14 Penalty Charge Notices (PCNs - Appendix 1.1) related to this case. For the 14th PCN (ZN12536367), I wish to appeal but was not made aware of how to make a representation against it. As of now, I've received 4 NTOs, with 9 pending. I will provide context before presenting my three-part representation, which I'll explain in detail in separate sections.

Executive Summary

I've held a resident's permit since October 2023. From April 12th to July 12th, 2024, I was abroad for work. My permit expired on April 25th, and I don't recall receiving a renewal notification. Consequently, my car remained parked and stationary in the same place without a valid permit for 61 days.

During this period, 14 PCNs were issued before the council decided to remove my car on May 31st. On June 1st, my sister and a family friend recovered the vehicle on my behalf, paying £265 (£65 PCN fee, £200 removal charge).

I've received 4 NTOs and expect 9 more. The council's potential £1690 demand for late permit renewal is excessive, especially considering my five-year residency and consistent permit history.

My appeal consists of three parts:

• The council's failure to remove the vehicle earlier.
• Absence of permit renewal reminders or attempts to contact me.
• Procedural failures during vehicle impound and release.

The council's failure to remove the vehicle earlier

My car remained stationary throughout the period these PCNs were issued. Tickets were issued almost daily from 07/05/2024 to 30/05/2024 (Appendix 1.1), often just minutes after 24 hours had passed. For instance, PCNs were issued at 08:20 on 22/05, 08:28 on 24/05, and 08:10 on 25/05.

All PCNs except one (dated 29/05) were for contravention code 12(i) at the same location on Cornwall Road. This pattern shows the contraventions were essentially identical, making the number of PCNs excessive and punitive rather than corrective.

___, Head of Highways and Parking, stated in response to my complaint made to Haringey Council (Appendix 2.1): 'Normally after 3 PCNs the vehicle is flagged for removal... I can see from the PCN issued on 30th May that there were 5 PCNs attached to the vehicle and agree that the vehicle should have been removed sooner.’

A single, continuous contravention occurred as the vehicle remained stationary. No law entitles authorities to issue PCNs every 24 hours for the same offence. For continuous contraventions, authorities should use other powers, like vehicle removal. The Council's failure to remove the vehicle promptly should not result in my liability for multiple penalties. This approach is disproportionate and unfair.

The admission by ___, along with the 14 PCNs issued before removal, highlights the council's failure to follow their procedures, resulting in an unjustified number of PCNs for a single, ongoing contravention.

Absence of permit renewal reminders or attempts to contact me

As a five-year resident with a consistent permit history, I've held three consecutive permits with Haringey Council:

May 2022 (1 Year)
May 2023 (6 Months)
October 2023 (6 Months)

My prompt renewals upon receiving past communications demonstrate my reliability.

Haringey Council states: "You'll get an email 5 weeks before your permit ends asking you to renew your permit." However:

• I did not receive this reminder email and cannot locate it in my records.
• No follow-up emails, text messages, or letters were sent.
• No other attempts to contact me were made.

This lack of communication contrasts with other councils' practices, such as Hackney, which sends multiple reminders. Haringey's single email attempt is insufficient to inform residents of expiring permits, especially given my history of prompt renewals upon notification.

Procedural failures during vehicle impound and release

My sister and a family friend recovered the vehicle on my behalf, paying the removal PCN and release fee. The impound staff provided only the PCN receipt (Appendix 3.1) and a vehicle removal receipt (Appendix 3.2), with no information about my rights to appeal or make representations. Additionally, no documentation about how to make representations was provided. I remained unaware of these rights until I sought legal advice.

This was a clear breach of the 'Statutory guidance for local authorities in England on civil enforcement of parking contraventions'.

@John U.K, thanks!

I can make the list, the only issue is that only 4 have been sent so far. I haven't received any others. I can list those and say I am also appealing the others that haven't been sent yet.

Appreciate it nonetheless and I'll just make the changes.

I can't see an option to make a representation against the Notice to Owner online. It's why I was going to send it at a letter. I'd prefer online but again I can't see it on Haringey's website.

The Notice to Owner is not a Notice of Rejection.

You submit informal representations against an on-site PCN. The person in possession of the PCN can do this.

You submit formal representations against a subsequent Notice to Owner. Or a PCN served by post where there is no informal stage. The NTO or PCN will be addressed to the person or entity held by the DVLA as Registered Keeper on the date of the alleged contravention. The RK submits the representations. If these formal reps or rejected then you can submit an appeal to the independent Adjudicator at the London Tribunals.

And yes the Notice of Rejection should include a code to allow you to appeal online.

You're at the formal representations stage with your PCNs that have progressed to the NTO stage. Which is all of them except PCN 14? Please confirm that you have received NTOs for the first 13 PCNs?

PCN 14 was paid at the pound and you are now out of time to submit informal representations against it. There is no subsequent NTO with a PCN and removal. So that's the only case where an NTO doesn't escalate from an on-site PCN. That said you would still get a Notice of Rejection with the appeal to the Adjudicator option. You should still have a go at submitting representations against PCN 14 and explain why you are late.

You cannot appeal to the Adjudicator until you have an NoR, one for each PCN including PCN 14.

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I can make the list, the only issue is that only 4 have been sent so far. I haven't received any others. I can list those and say I am also appealing the others that haven't been sent yet.

........................

Please confirm the first 4 Notice to Owners are dated 24th July 2024?
Are these all of the NTOs that you have actually received?

The remaining 9 NTOs are all dated the 26th July except for ZN12411827 which is dated the 29th July. Are you saying that none of these have arrived?

And do you have all 14 of the on-street PCNs? If you don't have them all then please post up a list of the ones that you do have.