3. Camden, code 12u Parked in a residents or shared, university street
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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #15 on: »
Quote from: H C Andersen on September 03, 2024, 02:49:33 pm
Your stubbornness will be the registered keeper's expensive downfall when bailiffs knock on the door and/clamp their vehicle.

The reason we focus on the RK is because only they have liability.

If they do not make formal reps or pay then:
A CC may be issued;
An Order for Recovery may be issued;
A Warrant of Control may be obtained from the court and given to Enforcement Agents for execution.

If you don't accept this then I don't see what help can be given.

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014

My stubbornness or your ignorance? I have already told you repeatedly the RK attempted to appeal online, experienced technical difficulties and submitted it via email - it's literally there in the documents i've uploaded - like i've said it's my aunt, who is fully aware of the situation

I came for help and guidance, not a condescending tone throughout...If you want to challenge my reasons for appeal sure, but please stop making out like I am trying to avoid the process.

The attached clearly shows I have tried to follow the process, and I wanted to know what I could do next to fight it
« Last Edit: September 03, 2024, 04:07:31 pm by mcgrime72 »
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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #16 on: »
Ok, just for the awareness of anyone that actually needs help and finds themselves in a similar context

When a  charge certificate is served and the penalty charge is not paid...you will recieve an order for recovery. At which point you are allowed to make representation again - for very specific reasons.

In this case, a witness statement will be submitted for the following reasons - You made representations about the Penalty Charge Notice to the enforcement authority concerned but did not receive a Notice of Rejection from that authority;

This is backed up by screenshots of the original error online, subsequent phone recording with enforcement authority AND email trail explaining the situation and intention to appeal way before a charge certificate was issued

Hopefully this might help someone, because i've learnt it's important to capture the above moments - even recording calls

My expectation is this notice to owner is reissued, and I can then submit a formal appeal, which they can choose to reject before going to the adjudicator.... but I'm hoping the adjudicator based on all the evidence collected cancels the ticket for the authority acting unfairly and not in keeping with statutory guidance throughout the whole process

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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #17 on: »
You can't submit anything, only the RK may.

And if the grounds of 'made reps in accordance with the regulations but did not receive a response' are relied upon then there is no new NTO. The authority must refer the matter to the adjudicator who may, and normally does, issue directions to the keeper to establish the grounds relied upon i.e. proof that correctly formatted reps were made in time by the RK. The authority's letter dated Aug. 2024 is clear that they did not receive reps therefore any referral by them is bound to bring this point to the fore.

Your repeated references to 'I' trying to appeal when you are not the RK suggest that the RK did not submit reps at all, any that might have been made were made by you without the written authority of the RK and therefore, in regulatory parlance, disregarded by the authority. Anyway, once the RK has been asked to substantiate their reliance upon the cited grounds the evidence will be independently assessed.

All they can do in the meantime is to look out for the OfR which, as per regs, may only be dealt with by the RK.

https://www.legislation.gov.uk/uksi/2022/71/regulation/23/made

Regs 23(7) and 23(8) refer.
« Last Edit: September 03, 2024, 05:09:43 pm by H C Andersen »
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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #18 on: »
Please can you tell me how you got your PCN to upload. I have tried several times on my post but I can't get it work. Thanks so much
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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #19 on: »
Quote from: H C Andersen on September 03, 2024, 05:02:21 pm
You can't submit anything, only the RK may.

And if the grounds of 'made reps in accordance with the regulations but did not receive a response' are relied upon then there is no new NTO. The authority must refer the matter to the adjudicator who may, and normally does, issue directions to the keeper to establish the grounds relied upon i.e. proof that correctly formatted reps were made in time by the RK. The authority's letter dated Aug. 2024 is clear that they did not receive reps therefore any referral by them is bound to bring this point to the fore.

Your repeated references to 'I' trying to appeal when you are not the RK suggest that the RK did not submit reps at all, any that might have been made were made by you without the written authority of the RK and therefore, in regulatory parlance, disregarded by the authority. Anyway, once the RK has been asked to substantiate their reliance upon the cited grounds the evidence will be independently assessed.

All they can do in the meantime is to look out for the OfR which, as per regs, may only be dealt with by the RK.

https://www.legislation.gov.uk/uksi/2022/71/regulation/23/made

Regs 23(7) and 23(8) refer.

Once again, we are hung up on the most irrelevant aspect - she is my disabled aunt, not some stranger - I, we, She....  every representation thats needed to come from her, has done, with her full knowledge, consent and awareness of the situation. 


But thanks, I have a screenshot with a date and time with the original submission - their system will also note multiple logged attempts -  I will not be blamed for their IT issues

There is then also an email trail of the eventual appeal from the registered keeper, and the highlighting of the issue in advance of the charge notice being received



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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #20 on: »
Quote from: Dukewood on September 03, 2024, 05:03:22 pm
Please can you tell me how you got your PCN to upload. I have tried several times on my post but I can't get it work. Thanks so much

following the advice here helped

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

I had to upload each PDF as an image collection, where you can then embedd each post one by one using the image icon - a lot of legwork, but got there in the end
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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #21 on: »
thank you - yes I got there in end too.
Best of luck with your case
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Re: Camden, code 12u Parked in a residents or shared, university street
« Reply #22 on: »
...every representation thats needed to come from her, has done, with her full knowledge, consent and awareness of the situation.


Her awareness is not the issue. This is procedural.

Her prior written consent accompanying formal reps initiated by you is fine. Otherwise, it's not procedural and could be disregarded. Similarly with any witness statement and appeal.







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