Free Traffic Legal Advice

@Kurtcat

How did you submit your formal representation against the Notice to Owner? Was it online or by Royal Mail?

If online did you get an emailed acknowledgement / receipt?
If by Royal Mail post did you obtain a proof of posting or a recorded delivery receipt?

WS = Witness Statement

The OP posted:

I thought i had done my level best to explain.......
I appealed the PCN online within the timescale - I received no acknowledgement.
I then received an NTO, i am unsure of date but confident that my reply was within timescale - I received no acknowledgement.
I then received the Charge Certificate.

OP, we can hardly just disregard the council's PCN timeline. They say reps received 2 Sept, you say 'I am unsure of the date but confident my reply was within timescale'.

Hence why 'how' you made reps has been asked.

NTO posted 26 July, therefore deemed served on 30th(2nd working day), latest date for reps to be served on council was 26 Aug. As this was a Bank Holiday then procedurally you had to have served by Fri. 23rd, which meant posting first-class no later than Wed. 21st.

Council have recorded your reps as 1 week after the latest date.

Hopefully, they'll not disregard.

Remember, they have what you submitted, so they know how and when.

Hi all,

Thanks for replies so far.

The original PCN I appealed online using their system of appeal. The NTO which was sent only allowed representation by post.

I am not trying to hide anything, i genuinely believe the NTO was appealed within time limit although from the information that has been highlighted then possibly not. Unfortunately it was not sent by registered post - that is a lesson learnt.

You are mistaken. You could have submitted formal represenations (challenge) against the NTO (Notice to Owner) online. It's the tab called 'Make a Challenge/Represenatation' on the PCN Main Display page. In general it's best to use the online system where available as in most cases you will get an acknowledgement email confirming something was submitted and when.

And going forward if you have to use Royal Mail then it's only necessary to post such letters 1st class at the Post Office Counter, so never in a Post Box. Ask for and keep safe a free of charge Proof of Posting, you don't need to use recorded or special delivery. In most cases it won't make any difference as to when the recipient actually opens the mail in the mail sack and logs it onto the computer system. All you need to be able to do is demonstrate when you posted the letter. It's deemed served on the Council two working days after the day of posting.

Anyway your formal represenations against the NTO have been rejected, but the discount option has been reset. See the 'Key Events' log below. So now you need to decide if you want to pay up the £25 or appeal to the Adjudicator. If you appeal then you'll be in for the full £50 if you lose the case.

It also looks like the Charge Certificate has been cancelled.

Please post up the Notice of Rejection as soon as it arrives so we can check the posibilities for an appeal.

"PCN events
Date
Description
13/09/2024 12:17 Off hold no compensate
13/09/2024 12:17 Rejected Representation - Discount Period Reset
13/09/2024 12:17 Rep received General Representation
13/09/2024 12:17 Revert to pre- Charge Certificate
13/09/2024 12:17 Off Hold Compensate
13/09/2024 12:17 Discount Period Reset
02/09/2024 15:39 On Hold: Representation Received
30/08/2024 10:06 Charge Certificate Issued
26/07/2024 10:16 NTO/Enforcement Notice Issued
25/07/2024 14:31 Revert to pre-NTO
25/07/2024 14:31 Representation Accepted
25/07/2024 14:29 Off hold no compensate
25/07/2024 14:29 Representation Accepted
25/07/2024 14:29 Rep received We are a hire firm
25/07/2024 14:29 Revert to pre-NTO
24/07/2024 12:07 On Hold: Representation Received
17/07/2024 10:16 NTO/Enforcement Notice Issued
16/07/2024 16:34 Off hold no compensate
16/07/2024 16:34 Representation Accepted
16/07/2024 16:34 Rep received Any other ground
16/07/2024 16:34 Revert to pre-NTO
15/07/2024 15:42 On Hold: Representation Received
21/06/2024 10:16 NTO/Enforcement Notice Issued
21/05/2024 16:05 Off Hold Compensate
21/05/2024 16:05 Discount Period Reset
20/05/2024 13:47 On Hold: Challenge Received"