Free Traffic Legal Advice

IMO,
The CC was NOT served (the criterion is not 'issue', it is service) prematurely.

CC dated Fri. 13th Dec, therefore deemed served Tues. 17th.

PCN issued 14 Nov, deemed served Mon. 18th. Last day of 28-day period for payment was 11 Dec. But last day of reps period was 15 Dec.

As CC not even issued until 13th it could not be premature because you hadn't paid and hadn't made reps.

However, this is not the nub of the matter.

The authority are obliged to consider reps made in time.

But you didn't make reps in time.

At this stage you're really behind the 8-ball.

But you posted:
I didnt submit reps. I was advised to hold till last minute. I went to submit within the timeline that I was advised was ok, and the online website wouldnt allow me too.[/b]

And this is the issue IMO. They put themselves in jeopardy because they issued a CC before the end of the 28-day representations period AND you say you were prevented you from making reps before the end of this period. What a shambles - the drafting c**k-up referred to previously.

To put concisely:
28 days to pay beginning on date PCN issued;
28 days in which to make reps beginning on date of service;
This trigger-happy authority(again referred to by another poster) are in the s**t if reps are made after the end of the payment period and before the end of the reps period and they've issued a CC.
But they connive to save themselves by preventing you making reps after a CC has been issued.

Anyway, you've sent reps by email but whether these will be considered is anyone's guess because email is not a prescribed method(these are online and by post).

If they disregard your reps because they were made late and/or by email then IMO you'll need to follow the complaints route because a SD cannot be submitted because none of the grounds applies.

This is disappointing to say the least.
One of the members on here offered to draft the reps for this one. I was waiting for this but It didn’t happen for whatever reason.
I was also advised I had till the 15th. This meant I waited till the last minute.
I know technically I may have had till the 15th but it sounds like LB Redbridge have form for not sticking to this.

Although on-line submissions mean the rule only applies to reps sent by post, it is important to remember that the reps have to be received by the council within the 28 day period.

So am I out of luck on this one? I would rather pay than take any more risk. Unless they have really cocked this up

Quote from: Incandescent on December 24, 2024, 11:40:22 pm

Although on-line submissions mean the rule only applies to reps sent by post, it is important to remember that the reps have to be received by the council within the 28 day period.

So am I out of luck on this one? I would rather pay than take any more risk. Unless they have really cocked this up

I think they have cocked this up, and being prevented from following the statutory appeal process is one of the few grounds under which the Local Government Ombudsman would consider a complaint.

Did you take a screenshot on the 15th showing that you could not submit representations?

Remind them of this:

ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference   2240175190
Appellant   Parag Sharma
Authority   London Borough of Redbridge
VRM   WM66HSA
PCN Details
PCN   AF98203157
Contravention date   10 Feb 2024
Contravention time   15:01:00
Contravention location   Horns Road
Penalty amount   GBP 130.00
Contravention   Entering and stopping in a box junction
Referral date   
Decision Date   11 Jun 2024
Adjudicator   Andrew Harman
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice.

Reasons   
The appellant attended the hearing today via telephone. Mr Morgan appeared before me to make submissions on their behalf in accordance with those set out in writing. Upon the point being raised by Mr Morgan. The PCN was issued on 15/02/24. A charge certificate was issued on 15/03/24. The council was empowered to issue a charge certificate 28 days from date of service of the PCN. It however had done so within 28 days of its date of issue in breach of the Regulations and to the potential prejudice to the appellant in the conduct of their appeal. I was satisfied for those reasons that enforcement may not be pursued.

OP, we're trying to tell you that the fault is THEIRS, not yours.

It is immaterial in law whether you make reps on day 1 or day 28 of the permitted period: in time is in time, end of.

You were prevented from making lawful reps by the unlawful actions of the council is not allowing reps to be made up to and including day 28. If fact it is UNLAWFUL for them to prevent you making reps late. Their remedy is to disregard them, NOT prevent them from being made.

3)The enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.

So stop worrying.....unless your proof that you were prevented from making reps online within the 28-day period doesn't stack up.

But if it does then see this through. Wait for the authority's response.

Thanks for this. Hope all had a good Christmas.
See screenshot showing I tried to submit reps on the 15th but could not (file is timestamped as the 15th). Do you think ok for proof?

See below Response . They haven’t taken on board the point of  my email in their reply I feel

Good Afternoon,
 
I note you have stated the Penalty Charge Notice was received, you would have therefore had the opportunity to contest the notice within the 28 day period and this time has now elapsed.
 
An outstanding amount of £195.00 is now required to be paid to close this case.
 
Failing to make payment will result in the notice progressing and further charges being added.
 
To make payment, you can use the automated payment line on 02087084708 or you can use the boroughs website https://my.redbridge.gov.uk/parkingpcn
 
Regards,


Dear LB Redbridge,

I acknowledge receipt of the Charge Certificate pertaining to PCN AF30026923 VRM CV61XUX

The date of the PCN is November 14th 2024.  Therefore, the deemed date of service is November 18th. Clearly, you have prematurely issued a Charge Certificate. It follows that the earliest you may serve such a document is 15th December. I also note that this is par for the course as you have recently lost a case on the same issue.

Therefore, please cancel the Charge Certificate so that I may make formal representations to which I am entitled according to the statutory process.

This is not a matter for discretion - rather a matter of statutory compliance.


They also sent the following email


Good Afternoon,
 
Please note the case you have mentioned - AF98203157, you are now shown as the Registered Keeper, we can therefore not correspond with you regarding this.
 
Regards,
 
Shalinaaz Aziz
 

@WaltWhite so what's your relationship to the registered keeper?

I am the registered keeper 🤷

So you need to make a stage 2 complaint, as explained here: https://www.redbridge.gov.uk/media/10046/corporate-complaints-policy_tp.pdf

Post a draft on here first please.

Ok. I got this today regarding my initial complaint

Date: 30 December 2024
 
Dear
 
Your case reference:
 
I am writing to acknowledge receipt of your complaint received on 24 December 2024. I am sorry that you are unhappy with the service you have received. The points raised in your complaint will be considered under the first stage of the Council's complaints procedure and you will be sent a response by 13 January 2025.
 
If there are any delays in providing you with a response we will let you know.
 
 
 
Yours sincerely


So should I wait till the 13th for the outcome or go straight to the stage 2 complaint as you suggested @cp8759 ?