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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( 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

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

You have no right to appeal.

The procedure is clear and is not going to be tailored to your wants.

The authority's response in April made it clear that the next notice(NTO) would be sent to the registered keeper.

Their August reply to your further correspondence suggests that you identified yourself as the registered keeper.

But you now say you are not.

Only the registered keeper is liable(this presumes an individual, not a corporation or hire company).

Only the RK may make formal representations on receipt of a NTO and any subsequent appeal to an adjudicator.

The authority's letter makes it clear that 'Our records show that a NTO was issued to you(my emphasis) on 15 May..'

Neither formal reps nor payment were made within the period allowed.

But you've posted that you are not the RK.

OP, we're not getting the full picture which we need in order to give the registered keeper optimum advice.

sorry if I wasn't clear

I am providing the response to the registered keeper - who is my disabled aunt - This isn't some distant connection. The registered keeper DOES have a right to appeal and I have a screenshot with an attempt to appeal within the alloted 28 days.

I then rang up the hotline to explain the issue, recorded, and I was given an email to speak to. I contacted that email multiple times to explain the issue with their system and intent to appeal, I was told the registered keeper can send in the appeal via email. This was then submitted, but not before a charge notice was issued

The registered keeper isn't some hire company or leasing scheme, it is my aunt

Statutory guidance clearly states "Enforcement authorities should offer motorists flexible and efficient ways to contact them, including e-mail and telephone. They should ensure there is an adequate audit trail to rebut any accusations of unfairness." - waiting 20 minutes on the phone to then get an email of someone who choose to ignore a reported fault with their system is not flexible or efficient

Statutory guidance also states "Authorities should not issue PCNs when traffic signs or road markings are incorrect, missing or not in accordance with the TRO. These circumstances may make the order unenforceable." - TRO clearly has examples of signs that showcase different restrictions on the same road

Its nothing about my "wants"

Can you leave all your thoughts about the council to one side pl.

You need to focus on what's important now which is procedure.

Sorry if some of these matters might be lurking in the posted correspondence but it's essential to have them in the open.


Did you receive a Notice to Owner, if so when was it issued and was it addressed to you by name?

Did you make representations, and if so when and how?

I made an informal appeal based on the PCN notice, that first letter was the rejection.

NTO was issued but i'm not the registered keeper, so attempted to lodge a formal appeal within the time limit once the registered keeper was briefed - thats when their system had issues and as I explained above, I made clear multiple times my intent to appeal with a screesnshot of their service not working

then they issued a charge notice.

at this point I was communicating by email, so I sent a reply and they ignored it for about 2 or 3 weeks, until they sent the next letter


So we are at charge notice status... I thought this kind of thing might end up at court? but doesn't seem to be the case anymore?

Quote

Unfortunately the uploader is full,

Please to have a read of
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/

and follow the instructions there for posting docs.

apologies, updated

Absolutely fuming, I really want to know how I can take this council to small claims, but let me start from the beginning

I parked on a road, fairly tight space and observed two sign plates. One directly at the back of my car, and another on the opposite side both allowing paying for parking.

https://maps.app.goo.gl/J5GPwowt2rZiCGq4A

There was no signage on the road, so I thought great, and paid for the parking

I come back and see i've been given a ticket and I'm dumbfounded, so make an informal challenge straight away. They use this to explain how, despite my car being in front of signage that makes no reference to different parking restrictions on this street. There is another sign on the other end of the road that says "residents only". The car that would have previously been next to me must have moved in my time parked, so there's little dashed/broken white vertical  lines between the cars that they are saying means new restrictions,

my stance is I am not accepting that poor signage AND no text on the floor, to signal the change in restriction. There are many instances of signs that permit you to detail different restrictions on the same road, they chose not to. Then that small vertical white line  which cars effectively sit on is not fit for purpose because the white lines horizontally just make it look like one big block

Anyway i've tried to make a formal appeal within 28 days, but their system isn't allowing final submission. I have the error screenshotted with date and time. There are no emails to contact, so I am forced to try them on the phone, where I was on hold for about 20 minutes at a time. I eventually got through, explained them the error being received and my intent to appeal, to which he gave me an email to contact

I have a back and forth via email explaining that there is a fault preventing appeal submission, and she continued to spew some generic unrelated content until she finally says, ok please send contents of appeal.

I then send in the appeal and in that time a charge certificate has been issued, but I have screenshots, audio recordings and email trail of myself stating my wish to appeal.

They delibrately use "no reply" emails, their online system does not work, and direct calls lasting 30 minute are of no use unless you want to pay. This just feels unjust and not in keeping with statutory guidance