Not really. A case in Nottingham some years ago went to the adjudicators because the recipient sent in an appeal, then attempted to pay the discount before the discount period expired, and was prevented from doing so on the payment entry screen. The appeal at TPT was won, and the adjudicator stated that there was the absolute right in law to pay the discount within the discount period irrespective of any representations having been submitted. Havering cannot override laws approved by Parliament.The law is that one can pay the discount at any time within the discount period despite submitting a representation. So if Havering are saying on their documents that if you submit reps you are not entitled to the discount they are wrong in law, and need to be dragged over the coals on this.
I don't know is this answers your comment - from 22 July Havering Council removed the opportunity of the 50% discount if appeal overturned
The law is that one can pay the discount at any time within the discount period despite submitting a representation. So if Havering are saying on their documents that if you submit reps you are not entitled to the discount they are wrong in law, and need to be dragged over the coals on this.
I received the Order of Recovery on Saturday 18th and as I am going to be ticking the box that says that I made representations but didn't receive a rejection notice and the PE3 states underneath- My Reasons are (give full reasona)You don't need to enter reasons, just tick the relevant box.
Without a reason I am not sure why it would need to be signed off legally?
I've had a quick look at the PE3 and I believe the box that I would tick would be I made representation ............etc but did not receive a rejection notice.What you are doing has absolutely nothing to do with the alleged contravention on the PCN itself. All you are doing is telling TEC that you followed the process by submitting representations, but received no notice of rejection. TEC then order the CC and OfR to be cancelled and the matter reverts to the PCN stage. AS you submitted reps the council must pass the matter to the adjudicator for a decision.
I would still need to give a reason for appeal the PCN
Is this also correct? - get it signed before a commissioner of oaths, such as a solicitor, Justice of the Peace, or a County Court officer?
At todays date - 21st September, no sign of Order of Recovery and I'll now be away but will be checking with TEC.Everything so we are aware of the dates.
I can get a neighbour to check my mail. If anything arrives in my absence is there anything in the paperwork I should get her to copy to me?
Why not contact the council!Have done 2) sent by email and 3) done online
Apart from anything else it attempts to summarise the situation, sets out the procedure for your benefit, gives them feedback and lodges a request to be notified by email.
All they could say is no!
Dear Sir,
PCN ********
Should I not let them know by the online form that I've not received it?Of course as well as you checking diligently, as you seem to be doing so far, (well done !), they must send you by post an Order for Recovery. However, with postal delays etc, that's why we advise keeping an eye on the TEC registration process, because once it's sent out, there are a fixed number of days in which to respond.
Little info on the main PCN page which says £195
Can't find anywhere else with more info.
Called TEC this morning - nothing listed as yet
Check the PCN status regularly.
I have the address for Havering Council - should I just mark this for the Parking Appeals or Contravention Appeals Officer ?
Could it not be emailed rather than on CD?. Do you mean the latest video clip from today?Does the PCN provide an email address where representations can be sent? As the resolution of your photos is so low I can't actually read the representations page. Obviously email would be better but it might not be an option if no email address is given.
I don't seem to be able to include the latest quote from HippocratesThe ground about the traffic order belongs to parking legislation therefore it iw wrong and misleading to include it in this moving traffic PCN.
I'm sorry but I don't understand what you mean by the info on PCN being on an entirely different PCN etc
You said where previously advised. I've not seen any other advice or where is says it is unenforceable.I advised this on a similar thread. Just say the PCN contains information to be included on an entirely different PCN in a separate legislation and therefore is a nonsense.
Could you enlarge on this info please
Thanks
The PCN has been issued under the London Local Authorities & Transport for London Act 2003, and the statutory grounds for an appeal do not include the first one on the list, (no contravention of an order etc). This is only a statutory ground under the Traffic Management Act 2004.Yes it is, see paragraph 1(4)(b) here: https://www.legislation.gov.uk/ukla/2003/3/schedule/1/paragraph/1/enacted
You said where previously advised. I've not seen any other advice or where is says it is unenforceable.The PCN has been issued under the London Local Authorities & Transport for London Act 2003, and the statutory grounds for an appeal do not include the first one on the list, (no contravention of an order etc). This is only a statutory ground under the Traffic Management Act 2004.
Could you enlarge on this info please
Thanks