3. High St Romford parked by necessity
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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 ?
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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.
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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 ?
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Re: High St Romford parked by necessity
« Reply #63 on: »
Quote from: John Doe Man on March 27, 2026, 01:36:26 pm
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.
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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.
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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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@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: High St Romford parked by necessity
« Reply #66 on: »
The OP posted:

'I sent a reply to the NTO [I have a confirmation email from havering council of it's receipt but have now received a charge certificate with no reply to my NTO. '

IMO, there is only one ground open to the OP: 'made representations against the NTO....but did not receive a response'. 
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Re: High St Romford parked by necessity
« Reply #67 on: »
I sent an email to the council parking dept to enquire what happened to my NTO appeal reply, the reply I got was:

Good morning,

The Notice Of Rejection was issued on the 10th of February 2026 by post for the representation you made . This has been deemed as served as it has not been returned by Royal Mail. I have attached a copy for your records.
You will need to select option 2 for your witness statement.
Regards

[They rejected it without giving any reason]

It occurs to me that bearing in mind the policy of Royal Mail to prioritise parcels over letters and how many letters haven't reached me or are late might it be a good idea for the recipient to be able to opt for email delivery or copy by email ?
[I have suggested this in their parking policy online survey]
« Last Edit: Today at 07:18:38 pm by John Doe Man »
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Re: High St Romford parked by necessity
« Reply #68 on: »
So play the game until it all gets reset. Then procedural impropriety will be a ground of appeal as the NTO is flawed - and they know it to be as I had one cancelled for a client recently.

Personally, if this were mine I would be writing now to tell them to have a nice day. There would be  no harm done in my writing on your behalf to get this sorted now if you would like to authorise me. Or wait to go down the Tribunal route and you will be looking at a hearing if lucky at the end if this year.d
« Last Edit: Today at 09:28:57 pm by Hippocrates »
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@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
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