Author Topic: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park  (Read 2050 times)

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Please post all of the letter from TEC, redacting only yr name & address.

@John U.K.
Thanks. This is the letter I received and a screenshot of the current PCN status
« Last Edit: August 29, 2025, 11:20:12 am by Handsomejohnny »

@John U.K.
I just received the attached letter from the council. It states that they sent me a NOR on 27 May 2025, but the details they've provided show 27 August 2025 with a different PCN number and a different vehicle reg.

What's the best course of action? They clearly haven't hit the 56 day response deadline, so it seems logical that as per legislation they're deemed to have accepted my reps by default and the PCN is cancelled.

Should I make that my appeal, or contact the council and advise them to withdraw the PCN and cancel it?

It appears that I won't be able to make an appeal online as the details they've provided relate to another PCN issued after mine (attached), which also seems wonky as the date they've given for the NOR issue looks to be too far after the date of PCN issue and there's no photos of the car...
« Last Edit: August 29, 2025, 12:32:26 pm by Handsomejohnny »

Pl stick to the procedure and read their letter carefully.

They are offering you the chance to pay. That's very generous of them. This step is outside procedure.

They have the obligation to refer the matter to the adjudicator which they say would be done if payment not received.

As they're not offering the discount, it's a no-brainer to leave in their court and wait because there is nothing else for you to do within procedure until you hear from the tribunal.

Pl stick to the procedure and read their letter carefully.

They are offering you the chance to pay. That's very generous of them. This step is outside procedure.

They have the obligation to refer the matter to the adjudicator which they say would be done if payment not received.

As they're not offering the discount, it's a no-brainer to leave in their court and wait because there is nothing else for you to do within procedure until you hear from the tribunal.

Ah, so is this more of a cheeky attempt by them to get me to pay and wrap it up, rather than a demand, so to speak?

Does that mean that section 4 of the letter re how to appeal doesn't apply until after its referred to the adjudicator? Or is that in relation to the NOR that they claim to have sent? I was thrown by the line about making an appeal within 28 days of the NOR, and even more so by the incorrect PCN/Reg details on the letter...


I don't really care and IMO neither should you!


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

(a)that P did not receive the enforcement notice;

(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.


Where a case is referred to the adjudicator—

(a)the adjudicator may give P and the enforcement authority (“the parties”) such directions as the adjudicator considers appropriate in the circumstances, and

(b)the parties must comply with those directions.


Note the words...'must refer' and 'did not receive' i.e. nothing to do with whether they issued, it's that it wasn't received!
« Last Edit: August 29, 2025, 05:28:24 pm by H C Andersen »

I don't really care and IMO neither should you!


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

(a)that P did not receive the enforcement notice;

(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.


Where a case is referred to the adjudicator—

(a)the adjudicator may give P and the enforcement authority (“the parties”) such directions as the adjudicator considers appropriate in the circumstances, and

(b)the parties must comply with those directions.


Note the words...'must refer' and 'did not receive' i.e. nothing to do with whether they issued, it's that it wasn't received!

Ok, so in referring to the adjudicator the burden is on the council to prove that I received the NOR, rather than they sent it.

I'll sit tight, thanks for helping again.

No. You did receive the NTO, then made reps but didn't receive the NOR.

C'est la vie.

The adjudicator would ask for a copy of your reps and their NOR just for starters.

Just wait for their directions pl.