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Greetings All,

At my appeal London Tribunals made a 'strong recommendation' to the Local Authority to cancel my PCN, the next working day I had a letter from the Local Authority saying that they wouldn't be cancelling the PCN despite the recommendation.  I tried to ask my local councillor to get involved but that yielded nothing.

Have I got any further recourse to anybody or should I pay the PCN, how can it be possibly right that a Tribunal can make a recommendation and the Local Authority dismisses it within 5 minutes, just makes a mockery of the system.

Before I just pay up would be grateful for any peals of wisdom anybody might have.

Thanks All

   

2240378813

Thanks for the replies, appreciated, hopefully the attached will give rise to a technicality, seems very standard blurb and non descriptive.



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What dreadful English.

Anyway, I would respond in writing - by all means attach to an email but I would also send by post.

Dear Sir,
Your ref: AF07114746/AF071147: PCN No. AF07114746; Case No.2240378813

Thank you for your letter dated Monday 25 Nov. in which the authority declined to accept the recommendation of adjudicator Teper to 'cancel the penalty charge notice' in the above case about which the authority were notified on Saturday 23 November at the earliest. The speed of this response and the lack of consideration and consultation implied give me cause to believe that, contrary to the council's legal duty to act fairly, this was nothing more than a knee-jerk reaction. 

I therefore wish to know the following:

Who signed the letter;
Confirmation that this officer had no prior involvement with enforcing my PCN;
A copy of the Scheme of Delegation which authorises this officer to consider recommendations from the adjudicator;
A copy of the council's policy regarding consideration and determination of such recommendations.

I anticipate that a considered response might take this case past the 28-day period after which the council would be entitled to issue a Charge Certificate which I estimate to be 20 December. I will therefore pay the penalty at this stage but this should not be interpreted as anything other than a preventative step.

For the avoidance of doubt, I accept that the council are empowered to reject an adjudicator's recommendation, but this is not an unfettered power, it requires the exercise of due care by an impartial officer authorised for this purpose and in compliance with council policy.

Yours


I would pay the penalty now because you've raised this too late to expect a response before the 28-day limit.

IMO, do not discuss the merits of the case, this ship has sailed and you would simply confuse matters. This is about acting fairly and proper procedure.

I naively thought a recommendation would be accepted but this is Redbridge (and given the contravention was not paying a free charge, the adjudicator could have allowed it despite the extra time taken).

My Anderson has given you a forensic enquiry.

See this about what Redbridge is like - worse than Newham now:

https://www.ftla.uk/the-flame-pit/'redbridge-council-bullies-and-cowards'