Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Sam123 on June 21, 2024, 09:24:19 pm
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What are my options after that? IF any. I got stung maybe someone doesn't get stung in the future!
@Sam123 if you have a formal notice of rejection, there is nothing to stop you appealing to the tribunal out of time. The tribunal might say no, but you have nothing to lose in trying.
I recently applied for an out of time appeal on behalf of a client when the debt had already been passed to bailiffs, the appeal was registered and the tribunal ended up allowing it, so obviously it can be done.
I think there is a compelling case to be made that the appeal should be considered out of time, but it's very much down to which adjudicator happens to consider the application.
If you get the notice of rejection from the council let me know and I'll see what can be done. You might need to make a subject access request but that can be long winded, so let's just give them a few days to see if they'll provide it.
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Wait and see what they come back with. No point speculating.
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Yea will wait and see
Thanks
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What are my options after that?
Wait and see what they come back with. No point speculating.
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IMO, first you need to establish the facts and provided you are the registered keeper you have the means to do so. This has nothing to do with parking regs or procedure-as posted by others these have been terminated for the present- it's just doing the obvious i.e. establishing simple communication with the authority.
No accusations, no recriminations, no 'I've got a defence' etc. just I made representations online on *** and didn't receive a Notice of Rejection. While I was out of the country or whatever on business between ** and *** my sister, who lives with me and I still love dearly, took fright when the Charge Certificate arrived and paid thinking she was doing the right thing. I am still trying to piece together why I did not receive a response to my representations and I hope you can assist me. If you did issue a NOR, I should appreciate a copy.
If you need further information from me please let me know.
Regards,
I have emailed them so request a copy of rejection.
What are my options after that? IF any. I got stung maybe someone doesn't get stung in the future!
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IMO, first you need to establish the facts and provided you are the registered keeper you have the means to do so. This has nothing to do with parking regs or procedure-as posted by others these have been terminated for the present- it's just doing the obvious i.e. establishing simple communication with the authority.
No accusations, no recriminations, no 'I've got a defence' etc. just I made representations online on *** and didn't receive a Notice of Rejection. While I was out of the country or whatever on business between ** and *** my sister, who lives with me and I still love dearly, took fright when the Charge Certificate arrived and paid thinking she was doing the right thing. I am still trying to piece together why I did not receive a response to my representations and I hope you can assist me. If you did issue a NOR, I should appreciate a copy.
If you need further information from me please let me know.
Regards,
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Hey thanks for the reply
Can i not make a witness statement (i am aware that's only made after the "order of recovery"
On the form TE9 if i tick, I didn't receive the notice of rejection and also tick its been paid in full
I really want to fight this till the end Because i know the council are in the wrong!
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It's an interseting idea.
You can only tick one box on the WS, for parking contraventions in London; in your circumstances the latter one.
BUT, you won't be getting an opportunity since it has been paid and they won't register the debt.
I can only suggest you contact your local councillor if Newham and plead with them to reopen the case.
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Ah!
What are my options at present IF any?
Can i take a punt on ANYTHING! lol desperation levels
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The CC is paid, therefore the council have no debt to register and hence no need to issue an Order for Recovery.
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Hey thanks for the reply
Can i not make a witness statement (i am aware that's only made after the "order of recovery"
On the form TE9 if i tick, I didn't receive the notice of rejection and also tick its been paid in full
I really want to fight this till the end Because i know the council are in the wrong!
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So your sister paid the Charge Certificate ? In that case, the appeal option is closed off, I'm afraid.
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Anyone had similar scenario?
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Hi guys
Received PCN on 22/01/2024 (on the car) which was for "01 Parked in a restricted street during prescribed hours" It was double yellow outside my kids nursery.
Received the Notice to owner on 22/02/2024 which I appealed on the Newham website with the their new little stupid bot and got the reference number for record. Appeal was made on 1st march 2024 and since waited for reply. i had valid case (used Gould V Shepway and also i was dropping my kids to nursery, had the letter from nursery as well!)
To my surprise received the charge certificate on 5th June demanding the £195. i was away on business trip, my sister opened the post and she went ahead and made the payment instead of letting me know. I got back today and saw the letters.
What can be done?
1) I didn't receive the letter of rejection from Newham council
2) I really want to fight this case till the end, what are my options at the moment?
I was on the london tribunal website and they have requested for appeal verification code, as i dont have that i cant really proceed with the online appeal
Any advice appreciated
Thanks