Author Topic: Tower Hamlets PCN appeal rejected  (Read 3731 times)

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Re: Tower Hamlets PCN appeal rejected
« Reply #75 on: »
Jamran an appeal is a legal process and the adjudicator cannot give legal advice to either side: it's up to you to present your case, it's not the adjudicator's job to help you (she would hardly be impartial if she did).

If your position was that the vehicle was hit by someone and thus moved, a legal ground of appeal would have been the the vehicle was placed there without the consent of the owner, but it's far too late to go back and argue that now.  Another argument would have been that the vehicle was legally parked with a blue badge and the removal of the blue badge by an unauthorised third party does not amount to a contravention within the meaning of the regulations, but again it's far too late to go back and argue that now.

As noted by Hippocrates, the fact of this case as explained on this threat don't really stack up and nobody here knows what you said during the hearing. All I can say is that deciding to represent yourself in what was a weak case to begin with was probably not a good idea.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Tower Hamlets PCN appeal rejected
« Reply #76 on: »
Hi everyone. I had a lot going on and thought I would receive a letter from TH informing me about the outcome and demanding payment. When this didn’t arrive I checked to pay today and see that 28 days had elapsed on 9th Sept. I assumed there would be additional days added as there usually is. Is that the case? I got the charge certificate through the post today demanding £195. Do I have any chance to get this back to the original amount of £130. The adjudicator decision was recieved via email dated 15th August

Charge certificate:  https://share.icloud.com/photos/054uvW2fUW6BztxdyNtVnYBHw
« Last Edit: September 11, 2025, 02:26:31 pm by Jamran »

Re: Tower Hamlets PCN appeal rejected
« Reply #77 on: »
You attended the hearing either in person or my likely by phone?

When was the heading?

Were you told the adjudicator's decision at the hearing?
If you were were then that's when the clock started ticking.

Re: Tower Hamlets PCN appeal rejected
« Reply #78 on: »
Yes I was told the decision by the adjudicator and then email sent to me.

It was via phone.

Re: Tower Hamlets PCN appeal rejected
« Reply #79 on: »
The decision included a direction to 'pay the penalty above [that is £130) within 28 days.'

You would not receive any further notification from the authority as none was required procedurally. That you did not know this doesn't change matters.

Pay the charge within the 14-day period or risk further escalation.

« Last Edit: September 11, 2025, 07:24:29 pm by H C Andersen »

Re: Tower Hamlets PCN appeal rejected
« Reply #80 on: »
Yes I was told the decision by the adjudicator and then email sent to me.

The email included an attachment which had the following text:

The adjudicator, having considered the evidence submitted by the parties, has determined that the appeal against liability for the charge should be refused.

The reasons for the adjudicator's decision are enclosed.

The full penalty charge must be paid within 28 days to:
London Borough of Tower Hamlets
PO Box 14790
LONDON
E14 2WA

If you do not pay the Enforcement Authority can issue a Charge certificate increasing the full penalty charge by a further 50%.


So, the adjudicator ordered you to pay the penalty and you ignored that order, and now you suffer the consequences. If you didn't read the email, or didn't open or read the attachment, I'm sorry to say but that's on you.

If you don't pay within the 14 day period the council will register the debt for enforcement and this will incur a further £10 charge.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Tower Hamlets PCN appeal rejected
« Reply #81 on: »
Yes I was told the decision by the adjudicator and then email sent to me.

The email included an attachment which had the following text:

The adjudicator, having considered the evidence submitted by the parties, has determined that the appeal against liability for the charge should be refused.

The reasons for the adjudicator's decision are enclosed.

The full penalty charge must be paid within 28 days to:
London Borough of Tower Hamlets
PO Box 14790
LONDON
E14 2WA

If you do not pay the Enforcement Authority can issue a Charge certificate increasing the full penalty charge by a further 50%.


So, the adjudicator ordered you to pay the penalty and you ignored that order, and now you suffer the consequences. If you didn't read the email, or didn't open or read the attachment, I'm sorry to say but that's on you.

If you don't pay within the 14 day period the council will register the debt for enforcement and this will incur a further £10 charge.

Thanks for your reply. I didn’t ignore it. I was anticipating tower hamlets to send a letter as they usually have done  after they lost an appeal at adjudicator. I also had a lot going on. I am not trying to blame anyone and accept it’s on me. I am trying to find out if I can get them to accept £130. I was told a statutory declaration may work? Is that true?

Re: Tower Hamlets PCN appeal rejected
« Reply #82 on: »
I was told a statutory declaration may work? Is that true?
No, as you have no grounds for making a statutory declaration, and making a false statutory declaration can result in a much larger fine as well as a tribunal costs order. Unfortunately when the adjudicator ordered you to pay within 28 days, he really meant it.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Tower Hamlets PCN appeal rejected
« Reply #83 on: »
The email included an attachment which had the following text:

Date of email pl.

Re: Tower Hamlets PCN appeal rejected
« Reply #84 on: »
The email included an attachment which had the following text:

Date of email pl.

12th August

Re: Tower Hamlets PCN appeal rejected
« Reply #85 on: »
28 days beginning on date you were notified was therefore 8 Sept.

The CC was served correctly and, as per cp, no grounds are available to you under a Witness Statement(not, SD as this is a parking contravention).