Thanks.
NTO states....
'The penalty charge must be paid not later than the last day of the period of 28 days beginning with the date of this Notice to Owner'(their emphasis).
However, the regs provide that a NTO must state:
f)that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(2)(a) of the 2022 Appeals Regulations, that is the period of 28 days beginning with the date on which the notice is served,
Why they've made this blunder, I don't know. But IMO it should be fatal at adjudication should matters get that far.
IMO, your grounds should be 'contravention did not occur' and 'procedural impropriety'.
I'd be tempted to start with the PIs because they've already rejected your substantive grounds on their own. Maybe the PIs would give them reason to revisit this. Either way it's the CEO's error or the authority's which should be enough for you, maybe they'll throw the CEO under the proverbial bus, who knows? Or bluster their way to adjudication?
You have until 28 July to make reps.
Is this the timeline of key events?
PCN issued 12 Nov. 2024
Original CC issued 18 March 2025 which claimed that a NTO had been issued on 12 Nov. 2024 and gave 14 days in which to pay or risk the next stage of enforcement;
Next stage of enforcement(an Order for Recovery) issued approx. 385 days later (mid-May 2026).
Is this correct?
Good evening, thank you for your prompt response.
Yes that is precisely the time line of what has happened so far.
Once the order for recovery had started, filled out the TE3 and TE9 forms. Then recived the NTO in June 2026.
I'll fill in the form and stated the the 'contravention did not occur'
Shall I give them a writen explanation with the appeal?
