Author Topic: High St Romford parked by necessity  (Read 9974 times)

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Re: High St Romford parked by necessity
« Reply #60 on: »
Looking at the info on the adjudicator website it states:

The enforcement authority considers your representations

The authority must, before the end of 56 days beginning with the date on which they receive representations:

    Consider representations received in time;
    Decide whether to accept or reject them;
    Serve on the person who made the representations:
        A Notice of Acceptance, if it accepts them; or
        A Notice of Rejection and a Notice of Appeal form, if it does not accept them

If the authority fail to respond within 56 days, they will be deemed to have accepted the grounds in qu


Thinking out of the box if the TEC accepted that I did not receive a response to my NTO does this not enforce the the last line of the above that the authority are deemed to have accepted the grounds ?

Re: High St Romford parked by necessity
« Reply #61 on: »
If you submitted representations successfully on 2 February, then they must serve their response by Sunday 29 March (i.e. that deadline hasn't expired yet).

However, most likely what has happened here is that they have sent a Notice of Rejection to you but you have not received it.  What does the PCN status history say online?

Assuming that's the case, then they are deemed to have complied with the 56 day deadline.

Re: High St Romford parked by necessity
« Reply #62 on: »
Being as the date of the NTO was 05/01/2026 would not the 56 day after be the 28th of February ?

Re: High St Romford parked by necessity
« Reply #63 on: »
Being as the date of the NTO was 05/01/2026 would not the 56 day after be the 28th of February ?
It's 56 days from receipt of your representations.

Re: High St Romford parked by necessity
« Reply #64 on: »
IMO.

OP, ??

Your WS grounds are as above.

TEC AUTOMATICALLY(because it's the law) cancel the OfR and Charge Certificate.

The authority are notified and therefore, if they wish to pursue enforcement, must refer the matter to the adjudicator.

They might register as an appeal OR require you to prove that you submitted reps as stated.

If an appeal is registered, the authority must provide their evidence to the tribunal, copy to you. At this stage you could see whether they issued a NOR or not because a copy would be included.

If it's there, it's there. If it's not, then you have additional grounds for appeal at that point. You do not have this ground now.

Re: High St Romford parked by necessity
« Reply #65 on: »
What happens next depends on the grounds for making the witness statement.

If the ground is that the Notice to Owner was not received, the Order for Recovery, Charge Certificate and Notice to Owner are cancelled. The enforcement authority may then issue a new Notice to Owner;
For any of the other grounds, the enforcement authority must refer the witness statement to the adjudicator who will decide what will happen next.
NOTE: the original Penalty Charge Notice is NOT cancelled.
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