Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Grouchfungus on March 12, 2025, 10:54:41 pm

Title: Re: Lost London Tribunals Appeal…
Post by: H C Andersen on March 16, 2025, 02:01:38 pm
The Tribunal would inform you when the case was due to come into the list, these matters aren't left in the sir.

You need to contact the Tribunal and ask why the decision in your case was sent to you by email alone. They might say that a copy was also sent by post, we simply don't know.

This case comes under moving traffic legislation therefore IMO this applies:

Statutory Declaration
Where an Order for Recovery has been made, liability for the penalty can then only be challenged in the following circumstances:

You did not receive the Penalty Charge Notice in question; or
You made representations to the Enforcement Authority concerned but did not receive a Notice of Rejection from that authority; or
You appealed to the adjudicator against the rejection by the Enforcement Authority of your representations but had no response to the appeal.


https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process

Depending on the Tribunal's response the highlighted grounds may be available to you to at least save the 50% surcharge.

Title: Re: Lost London Tribunals Appeal…
Post by: Grouchfungus on March 16, 2025, 01:20:02 pm
No I didn’t check as the case was delayed and I assumed it was delayed once again.
Title: Re: Lost London Tribunals Appeal…
Post by: H C Andersen on March 15, 2025, 03:55:41 pm
As I understand it, the adjudicator's decision may be sent either by post or by email depending upon the method chosen by the appellant.

Have you contacted the Tribunal to ask?

In any event, you knew when your case was coming into the adjudicators' list and therefore when you could expect a response.

Decision entered into register 28 Jan. CC 7 March.

Did you not contact the Tribunal or check on the status of your case in over a month?
Title: Re: Lost London Tribunals Appeal…
Post by: Grouchfungus on March 15, 2025, 01:42:46 pm
Charge certificate

[attachment deleted by admin]
Title: Re: Lost London Tribunals Appeal…
Post by: Grouchfungus on March 15, 2025, 01:40:58 pm
Decision refused attached

[attachment deleted by admin]
Title: Re: Lost London Tribunals Appeal…
Post by: Incandescent on March 13, 2025, 12:38:41 am
Please post the email that went in the junk mail folder.

Please also post what London Tribunals gave or sent you after your hearing.
Title: Lost London Tribunals Appeal…
Post by: Grouchfungus on March 12, 2025, 10:54:41 pm
As in the subject line I lost an appeal to London Tribunals. The result was emailed to me but ended up in junk email folder so I missed it. Now the council have sent me a charge certificate upping costs to £195… doesn’t the council usually send a letter within 28 days requesting the original amount of £130 again, before send the charge certificate?