Author Topic: Notice To Owner without having Received a PCN first  (Read 1075 times)

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Re: Notice To Owner without having Received a PCN first
« Reply #15 on: »
They should indeed have come clean and admitted they served the wrong document - a postal PCN looks like it would have been correct. But they sent an NTO instead.

We see a wrongly served NTO quite often and it can come down to your word against theirs, which is why speaking to the adjudicator is vital should they contest.

I suspect in this case they've not bothered to check the CEO's notes and when they do won't contest the appeal.

Yes that makes sense. Thanks for this.

By the way, the tribunal website doesn't have the Procedural Impropriety option. Closest most relevant option seems to be: The authority made a procedural error.

Re: Notice To Owner without having Received a PCN first
« Reply #16 on: »
Also they have a further 2 parts (copied below).

WOuld you advise me to leave them blank or add my version of events? i.e. Returned to the vehicle, saw the warden standing close by but since no PCN had been attached to my vehicle I drove away. Sometime later, I received a NTO in the post which I appealed on the basis that no PCN had been issued prior to the NTO. The Parking authority rejected by appeal but offered no evidence for serving the PCN.

1. Explain your appeal
Be as specific as you can, please include dates, times and locations where possible (3000 word limit). If you wish to add a longer explanation you may do so by uploading it as evidence (see below).

2. Add your evidence
Adding evidence to your appeal can be helpful to support your case, although you are not required to do so.

Evidence that may be helpful could include:

pay-and-display tickets
photographs
correspondence
letters / statements from witnesses
proof of vehicle ownership (such as DVLA records or sales receipts)
invoices or delivery notes (to show loading while using your vehicle)
permits or vouchers
a copy of a Blue Badge
Neither form of evidence is necessarily better than the other.

Given the nature of the Tribunal process, please be aware that any evidence uploaded by either party (i.e. you or the Authority) can be seen by the other.

So, if you decide to upload evidence of a personal nature, please ensure you remove or hide any information you do not wish to be seen by the Authority.

If uploading a bank account statement, for example, this could mean removing or hiding your sort code / account number; or for medical records, this could mean removing your National Insurance Number.

If you do not have evidence to hand right now, you are able to upload it to your case file at a later date.
« Last Edit: July 20, 2025, 02:31:54 pm by DontStandForNonsense »

Re: Notice To Owner without having Received a PCN first
« Reply #17 on: »
Even tribunals use different words, so for reference and accuracy here's what's in the Regulations:

https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/2


(5) If the adjudicator concludes that a ground specified in regulation 5(4) applies, the adjudicator—

(a)must allow the appeal, and

(b)may give such directions to the enforcement authority as the adjudicator considers appropriate for the purpose of giving effect to that decision.

5(4)
(f)there has been a procedural impropriety on the part of the enforcement authority;

Re: Notice To Owner without having Received a PCN first
« Reply #18 on: »
Should I explain my appeal or save it until the phone tribunal>

Re: Notice To Owner without having Received a PCN first
« Reply #19 on: »
Ok I have submitted the appeal to the tribunal and explained my argument

Re: Notice To Owner without having Received a PCN first
« Reply #20 on: »
No you haven't!

You've submitted your skeleton argument and reserve the right to make further representations - informed by our suggestions - once you have seen the council's evidence!

Re: Notice To Owner without having Received a PCN first
« Reply #21 on: »
No you haven't!

You've submitted your skeleton argument and reserve the right to make further representations - informed by our suggestions - once you have seen the council's evidence!

Ok, understood.

This is what I wrote:

   
I am writing to formally appeal the Notice to Owner I received in relation to the alleged contravention.

When I returned to my vehicle, a Civil Enforcement Officer was nearby, entering details into her handheld device. However, there was no Penalty Charge Notice (PCN) attached to my vehicle, nor was one handed to me or visibly in her possession. If she was in the process of issuing a PCN, it had not been completed or served at the time I was present.

I later received a Notice to Owner by post, which came as a surprise given the lack of any physical PCN. I appealed this on the grounds that no PCN had been properly issued or served, and I requested supporting evidence. Unfortunately, no such evidence was provided. The suggestion that the PCN may have been removed or blown away is purely speculative and unsupported by any proof.

Given that the council has not provided any substantive evidence to show that a PCN was issued and served in accordance with the relevant regulations, I respectfully request that this penalty be cancelled.

Re: Notice To Owner without having Received a PCN first
« Reply #22 on: »
They have cancelled it :)


"PCN RG40219655
MR XXXXX, the authority has not contested your appeal, and you are not liable to pay the penalty charge."


"There is nothing to pay and the authority will cancel the penalty charge
This is because the authority did not contest your appeal."

"The authority's reasons for not contesting the case are"

"Reading Borough Council has reviewed this Appeal and the decision has been made in this instance to not contest this Appeal. Please note, the PCN was issued correctly, and the decision made in this instance does not set a precedent for future PCNs that may be issued.

This case is now closed."

Re: Notice To Owner without having Received a PCN first
« Reply #23 on: »
They have cancelled it :)


"PCN RG40219655
MR XXXXX, the authority has not contested your appeal, and you are not liable to pay the penalty charge."


"There is nothing to pay and the authority will cancel the penalty charge
This is because the authority did not contest your appeal."

"The authority's reasons for not contesting the case are"

"Reading Borough Council has reviewed this Appeal and the decision has been made in this instance to not contest this Appeal. Please note, the PCN was issued correctly, and the decision made in this instance does not set a precedent for future PCNs that may be issued.

This case is now closed."

By the way, what do they mean by saying "Please note, the PCN was issued correctly"? No PCN was issued!

Also, who is saying this? Is it the council or the Tribunal?

Re: Notice To Owner without having Received a PCN first
« Reply #24 on: »
Please post up the letter advising of cancellation.

Re: Notice To Owner without having Received a PCN first
« Reply #25 on: »
I haven't yet received any letters. Just an email referring me to the tribunals website which when logged in shows this result exactly as I copy pasted it.

Re: Notice To Owner without having Received a PCN first
« Reply #26 on: »
That's from the tribunal, stating the authority's reason, which often includes ridiculous template we see in accepted representations.

Re: Notice To Owner without having Received a PCN first
« Reply #27 on: »
So I can close this all down and forget about it :)