Free Traffic Legal Advice

We need to see all the documents - is this really from a year ago?

Islington did have issues with permit renewals and cancelled some PCNs - and surely they are electronic?

Read this:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Ahh apologies, I'm not home with the documents at present, and the filing my wife did was a bit scattergun (i.e. the initial ticket on the windscreen is nowhere to be found).

Timeline is real though, it really has been going on since last year:

2023   
28/07/2023 - renewal of parking permit confirmed
12/08/2023 - 2022-23 permit expired
13/08/2023 - 2023-24 permit commences
16/08/2023 - Ticket issued, attached to windscreen.
18/09/2023 - Notice to Owner sent
21/09/2023 - Received Notice to Owner
29/09/2023 - Appealed via website (stated the automatic continuation of the parking bay and letter from 28/07)
   **** no response received ****
22/11/2023 - Charge Cert issued
   What we did… not pay as advised by Islington and Nottingham
   NOTICE RECOVERY -> NEVER REC'D
        **** went very cold, thought that was the end of it (yay)
2024
early July - letter received from Islington (order for recovery?)
16/07/2024 - submitted a "witness statement/TE9" to the Traffic Enforcement Centre at Nottingham County Council
17/07/2024 - DEADLINE FOR ORDER FOR RECOVERY (TE3) RESPONSE (TE9)
19/07/2024 - Letter from Traffic Enforcement Centre, Nottingham: "it is ordered that the order for recovery of unpaid penalty charge be revoked. It is further order that the charge certificate be cancelled. This order does NOT cancel the original PCN.
26/07/2024 - Received Notice to Owner (?) from Islington re. outcome of witness statement. They attached the "rejection of representations letter dated 17/10/23". Two choices: pay the original £65 or appeal to London Tribunals.

16/07/2024 - submitted a "witness statement/TE9" to the Traffic Enforcement Centre at Nottingham County Council

On what grounds e.g. did not receive NTO, paid penalty, made reps to authority but did not receive a response etc??

What happens after TEC's revoking letter depends upon the grounds on which your WS was made.

Ok so here's what I've managed to put together:

28/07/23 - Estate Parking Permit renewal letter

28/07/23 - Parking Permit T&Cs

17/08/23 - eTicket, code 85 (I can't find the original one from the windscreen)

17/10/23 - A copy of Islington's response to our response/claim (never rec'd the original in Oct-23)

22/11/23 - charge certificate issued (I cannot find this)

17/07/24 - Our Witness statement/TE9

The Estate permit documentation is quite clear about displaying permits, hence why I'm wondering if I'm better off just paying the reduced rate of £65. Whoever arbitrates these tribunals know that councils need all the income they can get in today's COL crisis, so I'd get why they would uphold the case.

Just from my general knowledge when it comes to the UK law/legal/admin system, common sense never prevails... [ Guests cannot view attachments ]

Have the TEC cancelled the Charge Certificate etc?

OP, we need docs pl. The authority did not write to you and say -  - you've come this far... choose £65 now or London Tribunal and more later"

Pl post whatever was issued. NTO? is totally confusing and has nothing to do with correct procedure.


This is a legal process, we'll help you keep to the straight and narrow if we have docs.

26/07/2024 - Received Notice to Owner (?) from Islington re. outcome of witness statement. They attached the "rejection of representations letter dated 17/10/23". Two choices: pay the original £65 or appeal to London Tribunals.

Wholly improper and grounds for appeal, irrespective of the merits of the case.

You submitted a WS to the effect that you made reps but did not receive a response(NOR). The council were therefore required to refer the matter to the adjudicator, not you. It's NOT your task to register an appeal.

4).

(2) A witness statement must state one and only one of the following—

(a)....

(b)that P made representations to the enforcement authority under regulation 5 of the 2022 Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;

....
7) Where a witness statement is served including a statement under paragraph (2)(b), (c) or (d), the enforcement authority must refer the case to the adjudicator.


Have you received their evidence pack?

The adjudicator cannot exercise discretion therefore taken at face value you were in contravention and won't get any relief from the tribunal.

But face value can be misleading.

I've read through

The Civil Enforcement of Road Traffic Contraventions Regulations that was linked in the Google Sheet elsewhere on the forum, could I frame my argument around Regulation 23 Invalid Notices:

Significant Delay: The period from the PCN issuance (17th August 2023) to the ongoing tribunal by 17th July 2024 seems excessively long. If the council failed to follow procedural deadlines or caused undue delays, you might argue that this extended duration is unreasonable and potentially prejudicial.

Lack of Response: You mentioned not receiving a response to your submission on 27th September 2023. Regulation 23(2)(c) could apply here, which states that the enforcement process can be deemed invalid if a notice of rejection or a response to an appeal is not received .


Revisiting the timeline:

PCN on 17/08/23
NTO on 18/09/23, the charge certificate 22/11/23, the witness statement submission on 17th July 2024...

It seems a valid response to argue that the enforcement process is invalid due to the length of time involved?