Author Topic: Islington parking ETA appeal refused. Need advice  (Read 1219 times)

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Re: Islington parking ETA appeal refused. Need advice
« Reply #15 on: »
Islington should heed the recommendation. Let us know when you hear from them.

And they are only informed if a review is successful although they could be monitoring the decisions.
« Last Edit: September 28, 2024, 08:38:32 pm by stamfordman »

Re: Islington parking ETA appeal refused. Need advice
« Reply #16 on: »
The OP in this case and I had similar problems re confusion a few months ago. Eventually, they retreated. 2240083580.
« Last Edit: September 28, 2024, 08:47:16 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Islington parking ETA appeal refused. Need advice
« Reply #17 on: »
Do you know if after a direction/recommendation the authority must put the case on hold - otherwise the OP must pay in 28 days and hope they agree to cancel and refund.

Re: Islington parking ETA appeal refused. Need advice
« Reply #18 on: »
There are some additional notes in the email I received with original decision:

Quote
Adjudicator's Decision

The adjudicator, having considered the evidence submitted by the parties, has determined that the
appeal against liability for the charge should be refused, but has recommended the Enforcement
Authority to cancel the Penalty Charge Notice.
The recommendation has been made under Regulation 7(8) of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England) Regulations 2022 because the adjudicator
is satisfied that there are compelling reasons in the particular circumstances of this case why the
Notice should be cancelled.
The reasons for the adjudicator's decision and recommendation are enclosed.
PLEASE READ CAREFULLY THE INFORMATION ON THE FOLLOWING PAGE.


The effect of the adjudicator's recommendation is as follows.
Within 35 days beginning with the date on this document the Enforcement Authority must notify you
and the adjudicator whether or not it accepts the recommendation.
If the Enforcement Authority
*Accepts the recommendation or
*Fails to notify you and the adjudicator of its decision within the 35 day period
it must cancel the Notice and refund forthwith any payments made in respect of the penalty charge.
If the Enforcement Authority rejects the recommendation it must set out its reasons for doing so and
*You will have 28 days beginning with the date the Enforcement Authority notifies you of its
decision to pay the full penalty charge
*If payment is not made within that time the Enforcement Authority can issue a Charge
Certificate increasing the full penalty charge by a further 50%.
You cannot appeal to an adjudicator if the Enforcement Authority decides to reject the
recommendation.
What you should do now
*You do not have to pay anything now, but
*You should check your post to see if you receive a notification from the Enforcement
Authority.
*Remember that if the Enforcement Authority decides to reject the recommendation, they may
notify you at any time until the 35 day period has expired; if they do so, the 28 day period for
payment of the penalty charge begins with the date the Enforcement Authority actually notifies
you of their decision.
*If the Enforcement Authority accepts the recommendation or fails to notify you of their
decision within the 35 day period they must cancel the Notice and refund any payments made
in respect of the penalty charge. If they do not do so forthwith, you should contact the
Enforcement Authority direct. There is no need to contact London Tribunals.

Re: Islington parking ETA appeal refused. Need advice
« Reply #19 on: »
So, the key question is, did you receive any notice of the councils decision to reject the adjudicator's decision ?

Re: Islington parking ETA appeal refused. Need advice
« Reply #20 on: »
So, the key question is, did you receive any notice of the councils decision to reject the adjudicator's decision ?

Nothing yet. I'm also confused by the message in the No grounds for appeal message:

Quote
The Enforcement Authority has been notified of this decision, and is entitled to continue with its
enforcement procedures. You are liable for the penalty, which you should pay without delay if you
have not already done so.
Do not wait for the Enforcement Authority to contact you. If you do not pay the penalty promptly, the
Enforcement Authority may issue a Charge Certificate increasing the penalty by 50%.


Re: Islington parking ETA appeal refused. Need advice
« Reply #21 on: »
If the Enforcement Authority
*Accepts the recommendation or
*Fails to notify you and the adjudicator of its decision within the 35 day period
it must cancel the Notice and refund forthwith any payments made in respect of the penalty charge.
If the Enforcement Authority rejects the recommendation it must set out its reasons for doing so and
*You will have 28 days beginning with the date the Enforcement Authority notifies you of its
decision to pay the full penalty charge
*If payment is not made within that time the Enforcement Authority can issue a Charge
Certificate increasing the full penalty charge by a further 50%.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Islington parking ETA appeal refused. Need advice
« Reply #22 on: »
If the Enforcement Authority
*Accepts the recommendation or
*Fails to notify you and the adjudicator of its decision within the 35 day period
it must cancel the Notice and refund forthwith any payments made in respect of the penalty charge.
If the Enforcement Authority rejects the recommendation it must set out its reasons for doing so and
*You will have 28 days beginning with the date the Enforcement Authority notifies you of its
decision to pay the full penalty charge
*If payment is not made within that time the Enforcement Authority can issue a Charge
Certificate increasing the full penalty charge by a further 50%.

I understand this. I have to wait for EA

What is confusing is the message in "no ground for appeal" statement. He says I must pay now (within 28 days). This is not in public record, somehow. So, should I wait for EA or not?

Re: Islington parking ETA appeal refused. Need advice
« Reply #23 on: »
I get the below error when attempting to retrieve the PCN details from the Islington Council web. To me it suggests that the PCN has probably been cancelled. The 35 daya expire on Tuesday the 22nd October.

"We cannot display the status of this PCN. Please check that you have entered the correct PCN number and registration number. If these are correct then the PCN you are asking about may no longer require you to take any further action at this time. If the Council does require you to take any action about this PCN then you will receive a separate request to do so. You will then need to respond in the form and manner described at that time."
« Last Edit: September 29, 2024, 02:56:33 pm by Enceladus »
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Re: Islington parking ETA appeal refused. Need advice
« Reply #24 on: »
I get the below error when attempting to retrieve the PCN details from the Islington Council web. To me it suggests that the PCN has probably been cancelled. The 35 daya expire on Tuesday the 22nd October.

"We cannot display the status of this PCN. Please check that you have entered the correct PCN number and registration number. If these are correct then the PCN you are asking about may no longer require you to take any further action at this time. If the Council does require you to take any action about this PCN then you will receive a separate request to do so. You will then need to respond in the form and manner described at that time."

Thanks for pointing that out. I just checked it and you are right. I will keep an eye on that page as well, just in case

Re: Islington parking ETA appeal refused. Need advice
« Reply #25 on: »
Take a screenshot! Proof that you've been told you don't need to do anything at this stage may prove useful later.
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Re: Islington parking ETA appeal refused. Need advice
« Reply #26 on: »
Take a screenshot! Proof that you've been told you don't need to do anything at this stage may prove useful later.
Done