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Messages - Handsomejohnny

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: August 29, 2025, 05:37:31 pm »
Quote from: H C Andersen on August 29, 2025, 05:26:09 pm
I don't really care and IMO neither should you!


(2) A witness statement must state one and only one of the following—

(a)that P did not receive the enforcement notice;

(b)that P made representations to the enforcement authority under regulation 5 of the 2022 Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;

7) Where a witness statement is served including a statement under paragraph (2)(b), (c) or (d), the enforcement authority must refer the case to the adjudicator.


Where a case is referred to the adjudicator—

(a)the adjudicator may give P and the enforcement authority (“the parties”) such directions as the adjudicator considers appropriate in the circumstances, and

(b)the parties must comply with those directions.

Note the words...'must refer' and 'did not receive' i.e. nothing to do with whether they issued, it's that it wasn't received!

Ok, so in referring to the adjudicator the burden is on the council to prove that I received the NOR, rather than they sent it.

I'll sit tight, thanks for helping again.

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: August 29, 2025, 04:13:17 pm »
Quote from: H C Andersen on August 29, 2025, 03:36:40 pm
Pl stick to the procedure and read their letter carefully.

They are offering you the chance to pay. That's very generous of them. This step is outside procedure.

They have the obligation to refer the matter to the adjudicator which they say would be done if payment not received.

As they're not offering the discount, it's a no-brainer to leave in their court and wait because there is nothing else for you to do within procedure until you hear from the tribunal.

Ah, so is this more of a cheeky attempt by them to get me to pay and wrap it up, rather than a demand, so to speak?

Does that mean that section 4 of the letter re how to appeal doesn't apply until after its referred to the adjudicator? Or is that in relation to the NOR that they claim to have sent? I was thrown by the line about making an appeal within 28 days of the NOR, and even more so by the incorrect PCN/Reg details on the letter...


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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: August 29, 2025, 10:29:10 am »
@John U.K.
I just received the attached letter from the council. It states that they sent me a NOR on 27 May 2025, but the details they've provided show 27 August 2025 with a different PCN number and a different vehicle reg.

What's the best course of action? They clearly haven't hit the 56 day response deadline, so it seems logical that as per legislation they're deemed to have accepted my reps by default and the PCN is cancelled.

Should I make that my appeal, or contact the council and advise them to withdraw the PCN and cancel it?

It appears that I won't be able to make an appeal online as the details they've provided relate to another PCN issued after mine (attached), which also seems wonky as the date they've given for the NOR issue looks to be too far after the date of PCN issue and there's no photos of the car...

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: August 29, 2025, 08:40:14 am »
@John U.K.
Thanks. This is the letter I received and a screenshot of the current PCN status

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: August 28, 2025, 08:08:44 pm »
Hi all, I hope it's OK to revive this now it's moved on?

TEC cancelled the order for recovery and now my PCN status says "a representation has previously been made for this case" and the amount has reduced to £50.

It looks like the council are acknowledging their failure to consider my reps when first submitted, so I'd like to ask if it's legit for them to consider them after a procedural impropriety, or should the PCN be cancelled?

Ive had no contact from the council since the original order for payment.

Thanks in advance for any advice 😊

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 24, 2025, 06:06:18 pm »
Debt is registered with TEC and ive submitted the completed forms by email, and have the autoresponse.

Does anyone know how long its likely to take for a response and should I be watching for an email or a letter?

Thanks again everyone 🙂

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 15, 2025, 01:42:45 pm »
First check this morning and not registered with TEC yet. I found the easiest way to check was via webchat rather than sitting on the phone.

The link wasn't easy to find, so here it is, in case anyone wants to update the sticky threads or their advice templates etc.

https://www.moneyclaims.service.gov.uk/contact-cnbc

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 03, 2025, 10:46:11 am »
Ok, so I've received the CC in the post this morning (strange how this and the NTO both arrived, but no NOR and no ref to an NOR online).

The CC is dated 30/06/2025. Theres no reference to my representations.

So, just to check I have this right, I now need to let the 14 days elapse, then another 7 before I start to check for the debt being registered, then complete and submit the form linked in the other thread, and there's nothing else I need to do until that point?

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 02, 2025, 04:28:39 pm »
Quote from: ManxTom on July 02, 2025, 03:43:08 pm
Quote from: stamfordman on May 13, 2025, 04:09:31 pm
They can't reissue the PCN and will do one of three things:

Cancel
Reject reoffering the £25 discount
Reject not offering discount

Second is most likely but it's a petty PCN and if they don't want that used as a parking space they need to mark it out of bounds.


I must say that if I visited that car park I would assume that where the OP parked WAS out of bounds.  Isn't he parked on hatchings and not in a bay?

https://www.google.co.uk/maps/@55.0153139,-1.4175042,3a,60y,244.3h,84.36t/data=!3m7!1e1!3m5!1sjhDxdtQd2dKO3bp1qLNFNg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D5.64259806048041%26panoid%3DjhDxdtQd2dKO3bp1qLNFNg%26yaw%3D244.29765504406006!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDYyOS4wIKXMDSoASAFQAw%3D%3D

No, it's been hatched off in the past but now its an empty space which appears valid to park in

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 02, 2025, 01:20:57 pm »
Ok mate, sorry if I come across weird. I have autism and I like to try to make everything really clear so I dont misunderstand. Thanks for helping me out.

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 02, 2025, 11:24:53 am »
Cheers both.

Do either of you think it's worth me ringing the council parking enforcement dept to ask when/whether they responded to my reps and when/where/how the charge certificate was issued?

Would doing that help me to establish timeliness and when I should be checking with TEC, or could it highlight a possible failure to issue an NOR and prompt them to rush one out? Or can they not retrospectively issue an NOR once a CC has been generated?

I feel like speaking to the council would be useful but I dont want to damage my position when it does come to appeal stage...

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 02, 2025, 08:20:05 am »
Quote from: John U.K. on July 02, 2025, 07:35:47 am
Quote from: Handsomejohnny on July 02, 2025, 07:29:02 am
Thanks both. Ive read the linked info and from what I understand my next step is to wait for the CC, then make a witness statement as per the process detailed.

I do still have a couple of questions, if thats ok?

If the council have failed to respond to my reps by post, is there any guarantee that I'll receive a charge certificate, and what if I don't?

The procedure for checking that a CC has been issued is covered in
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/


So should I be calling TEC daily to check whether a debt has been registered? Sorry if it seems like I'm asking obvious questions but this isnt a very user friendly process and I have no experience of it at all, so I'm really looking for a clear set of steps/actions to take 🙃

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 02, 2025, 07:29:02 am »
Thanks both. Ive read the linked info and from what I understand my next step is to wait for the CC, then make a witness statement as per the process detailed.

I do still have a couple of questions, if thats ok?

If the council have failed to respond to my reps by post, is there any guarantee that I'll receive a charge certificate, and what if I don't?

Can't I challenge on the grounds that no response has been received within the statutory 56 days? Why is it presumed that they issued an NOR, rather than there's a potential procedural impropriety.

Thanks again for your help with this 🙏🏼

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 01, 2025, 09:52:56 pm »
Quote from: H C Andersen on July 01, 2025, 08:10:51 pm
Forget 56 days, it's a distraction: they've issued a CC and therefore presumed to have issued a prior NOR.

So if i dont get the NOR, but i do get the CC, I should have legitimate grounds to appeal?

Read the enforcement process pl:  https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

You cannot 'appeal' at present, you have to get back on track. Read the process and then ask any questions.

This says London, does it apply to North Tyneside too?

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Civil penalty charge notices (Councils, TFL and so on) / Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« on: July 01, 2025, 07:00:09 pm »
So if i dont get the NOR, but i do get the CC, I should have legitimate grounds to appeal?

Tbh, I thought the dates didnt seem to match up as I made reps on the day I received the NTO and there hasn't been enough days for them to bump it up to £75, so I wondered if there mightve been an error in that my reps haven't been logged properly.

Is it worth me waiting till the 56 days expires before querying, so they can't rush out an NOR before the deadline? Or is it enough to challenge based on the fact the charge has gone up on the website without any response from the council?

The NTO was classed as served on 13th May and my reps were in the same day

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