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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ReflectoR on January 24, 2026, 07:53:48 pm

Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 25, 2026, 12:07:06 am
All done, got wife to register the appeal now. Put me down as representative.

Does the reasonable adjustment for disabilities extend to representatives as well? Or only for the main appealant?
Title: Re: Does this mean I cannot take it to tribunal?
Post by: Neil B on March 24, 2026, 07:26:21 pm
Yes I will get the wife to do it tonight.
Online of course.
There are many advantages to that.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 24, 2026, 05:48:04 pm
Only your wife can initiate appeal proceedings, not you. So make sure she doesn't lose by default simply because you make this mistake.

All that's needed at this stage is to register an appeal. Not write it in minute detail, but to register. 2-3 minutes at most.

Grounds:
Procedural impropriety;
Penalty exceeded.......circ

I rely upon my formal representations and am currently compiling further representations whose grounds have arisen in consequence of an improper Notice of Rejection.

My thoughts.

The regulatory 28-day period before a Charge Cert can be served ends on 26 March, so get the appeal registered beforehand.

Thank you.

Yes I will get the wife to do it tonight.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: tincombe on March 24, 2026, 08:29:04 am
Only your wife can initiate appeal proceedings, not you. So make sure she doesn't lose by default simply because you make this mistake.

All that's needed at this stage is to register an appeal. Not write it in minute detail, but to register. 2-3 minutes at most.

Grounds:
Procedural impropriety;
Penalty exceeded.......circ

I rely upon my formal representations and am currently compiling further representations whose grounds have arisen in consequence of an improper Notice of Rejection.

My thoughts.

The regulatory 28-day period before a Charge Cert can be served ends on 26 March, so get the appeal registered beforehand.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 23, 2026, 10:29:21 pm
Hi everyone,

I'm not too sure where to start in terms of a draft for taking this to tribunal. I think I've got like 2 days left. 1 day tomorrow.

Are there any pointers please?

Again, thank you all very much.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 11, 2026, 10:09:59 am
Your wife's permit expired on 12 Sept.

The PCN was issued on 18 Sept.

I think your wife would struggle to convince an adjudicator that the permit could not be renewed between 12th and 18th.

IMO, there are procedural grounds which arise from the NOR but to be certain pl post their 'Appeal Form' and 'guidance notes'.

Do you mean these? They came with the NOR.

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Title: Re: Does this mean I cannot take it to tribunal?
Post by: tincombe on March 05, 2026, 06:56:40 pm
Your wife's permit expired on 12 Sept.

The PCN was issued on 18 Sept.

I think your wife would struggle to convince an adjudicator that the permit could not be renewed between 12th and 18th.

IMO, there are procedural grounds which arise from the NOR but to be certain pl post their 'Appeal Form' and 'guidance notes'.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: Incandescent on March 04, 2026, 11:10:02 pm
But in what way?

How did it exceed the relevant amount? Sorry, I'm genuinely asking.
The circumstances were such that no penalty could be demanded, hence the relevant amount is nil. It's the only way to make a collateral appeal in the LLQ & TfL Act 2003, the circumstances being that their website would not accept your attempt to renew your permit when you attempted to do so.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 04, 2026, 09:45:11 pm
But in what way?

How did it exceed the relevant amount? Sorry, I'm genuinely asking.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: Incandescent on March 02, 2026, 05:38:26 pm
Car is in my wife's name, I deal with everything else.

She just drives it.

I intend to take it to tribunal, but on what grounds can I take it?
Statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case"
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 02, 2026, 02:38:58 pm
Car is in my wife's name, I deal with everything else.

She just drives it.

I intend to take it to tribunal, but on what grounds can I take it?
Title: Re: Does this mean I cannot take it to tribunal?
Post by: Incandescent on March 01, 2026, 09:12:04 pm
+1 to taking it to London Tribunals
Title: Re: Does this mean I cannot take it to tribunal?
Post by: tincombe on March 01, 2026, 12:14:41 pm
They haven't offered the discount so your wife making an appeal is a no-brainer.

Just by way of clarification, as your wife is the V5C holder then isn't the resident's permit renewal at issue hers? I ask because your first post and argument are that you were renewing your permit.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on March 01, 2026, 09:56:12 am
Thanks @John U.K.

Here is all sides of the NoR.

Page 1
(https://u.cubeupload.com/rtx/rtsNORpg1.jpg)

Page 2
(https://u.cubeupload.com/rtx/rtsNORpg2.jpg)

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(https://u.cubeupload.com/rtx/rtsNORpg3.jpg)
Title: Re: Does this mean I cannot take it to tribunal?
Post by: John U.K. on February 28, 2026, 01:07:11 pm
Please post up all sides of the NoR, redacting only yr name & address.

Quote
Is it worth making a new thread with all the details?

No, stay with this thread.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on February 28, 2026, 12:20:07 pm
Hi everyone.

So I submitted an appeal again to this PCN, in my wife's name, as advised.

Today we got the notice of rejection. With the London Trinubals appeal form.

How should I proceed?

Is it worth making a new thread with all the details?
Title: Re: Does this mean I cannot take it to tribunal?
Post by: tincombe on February 06, 2026, 06:53:48 pm
OP, you're too relaxed IMO.

The NTO was received, but when we don't know.

Your wife had 28 days in which to make reps, after which a Charge Cert could be served.

But you made reps, but when we don't know.

But we do know they replied on 26 Jan. Authorities aren't noted for their response times therefore for all we know the 28 days have expired and your wife's reps would be disregarded and the penalty increased by 50% and a Charge Cert is on its way.

What is the date of the NTO.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on February 06, 2026, 02:08:08 pm
@RichardW okay, thank you.

Unfortunately I can't find the original pcn, but will post nto when I get home.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: RichardW on February 02, 2026, 05:16:56 pm
Seems over complicated... just submit as your wife.  If it then goes to tribunal someone else can represent her - often happens on here that one of the regulars picks up at tribunal stage.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: tincombe on February 02, 2026, 12:51:33 pm
We should see the original PCN and the NTO please (pl see the forum READ THIS FIRST.. guidance).

Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on February 02, 2026, 07:56:14 am
Would this draft do?

“I am the registered keeper of the vehicle. I authorise my husband, ReflectoR, to act as my representative in this appeal, including correspondence and attendance at the hearing.

I am resubmitting his original appeal with this submission

[Original appeal I will paste here]".

Thanks again everyone.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on February 02, 2026, 07:52:07 am
Okay thank you.

I will send it again, is it worth mentioning we'd like to take it to tribunal as well?
Title: Re: Does this mean I cannot take it to tribunal?
Post by: RichardW on January 29, 2026, 06:46:49 pm
I don't think there will be another NTO, next will be charge certificate which you can't appeal against. It still appears you can make an appeal on their website, so try sending the reps again, in your wife's name this time...
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on January 29, 2026, 05:40:26 pm
So technically my reps was rejected. But Islington are saying that I can't take it to tribunal because I'm not the owner.

Does this mean I wait for another NTO, and then get my wife to appeal that?

Or do I write back now, and say my wife wants to take it to tribunal?
Title: Re: Does this mean I cannot take it to tribunal?
Post by: Incandescent on January 26, 2026, 01:06:29 am
I order to register an appeal at the adjudicators, one must first have had reps against a Notice to Owner rejected. The rejection must advise you of your right to adjudication and explain the process.

Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on January 25, 2026, 11:03:14 pm
Thank you.

So would we do this after receiving the next letter, or do we have to do it now?

Since the NTO was already served, and I was the one that responded?
Title: Re: Does this mean I cannot take it to tribunal?
Post by: Incandescent on January 25, 2026, 11:00:42 pm
Your wife can take the matter to London Tribunals and nominate you as her representative. This needs her to write and sign a letter of authority. Of course a typed letter only needs her signature.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on January 25, 2026, 10:47:49 pm
What should my next steps be? Wait for another letter after the 8th?

Or write authorisation from my wife now?

Either way I wanted to take it to tribunal since it's 110 now anyway.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: MrChips on January 25, 2026, 04:36:21 pm
If the NTO is addressed to your wife, she's legally responsible and the council can't consider representations from another party (without their express authorisation).
Title: Re: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on January 25, 2026, 03:57:38 pm
The NTO was addressed to my wife's name.

I made the "appeal"/representation under my name on their online form.
Title: Re: Does this mean I cannot take it to tribunal?
Post by: MrChips on January 24, 2026, 08:44:50 pm
Who was the NTO addressed to?
Title: Does this mean I cannot take it to tribunal?
Post by: ReflectoR on January 24, 2026, 07:53:48 pm
Hi everyone.

So I forgot to renew my permit with Islington, and I got a PCN. I appealed, and it got rejected, and I appealed again, and it got rejected again. They sent the NTO, and I sent the same appeal which got rejected as well.

My appeal was that I forgot, but the reason I had forgotten was because when I originally went to renew the Islington permit portal wasn't functioning correctly, can't remember exactly what was wrong, so I was going to try again later. But never did.

I know it's not the best excuse, but I'd like to take it to tribunal anyway. But the rejection to the formal representation seems to suggest I can't? I've pasted it below.

My original submission to the NTO

I would like to clarify the circumstances again, as my concern is that the mitigation I raised has not been fully considered. I attempted to renew my residents’ permit before the PCN was issued; however, the council’s online system repeatedly failed to process the renewal. This technical issue was outside my control, and I took reasonable steps to remain compliant. I urge the council to check its system logs, which should evidence my attempts to renew the permit. I have previously held a valid residents’ permit and had no intention of avoiding payment. I acted in good faith and attempted to renew on time, but was prevented from doing so due to system failure. In addition, I have ADHD, which means that despite making an initial attempt to resolve the issue, I am more prone to forgetting to retry immediately once a system error occurs. This makes it especially important that reasonable adjustments and fairness are applied where renewal was attempted but blocked by circumstances beyond my control. Given these facts, I believe it would be unreasonable and disproportionate to enforce a penalty for a situation caused by the council’s own system preventing renewal. I respectfully ask that this matter be reconsidered in light of fairness.

(https://u.cubeupload.com/rtx/NTOrejection1.jpg)
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