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Civil penalty charge notices (Councils, TFL and so on) / Re: Notice To Owner without having Received a PCN first
« on: August 05, 2025, 04:10:08 pm »
So I can close this all down and forget about it
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They have cancelled it
"PCN RG40219655
MR XXXXX, the authority has not contested your appeal, and you are not liable to pay the penalty charge."
"There is nothing to pay and the authority will cancel the penalty charge
This is because the authority did not contest your appeal."
"The authority's reasons for not contesting the case are"
"Reading Borough Council has reviewed this Appeal and the decision has been made in this instance to not contest this Appeal. Please note, the PCN was issued correctly, and the decision made in this instance does not set a precedent for future PCNs that may be issued.
This case is now closed."

No you haven't!
You've submitted your skeleton argument and reserve the right to make further representations - informed by our suggestions - once you have seen the council's evidence!
They should indeed have come clean and admitted they served the wrong document - a postal PCN looks like it would have been correct. But they sent an NTO instead.
We see a wrongly served NTO quite often and it can come down to your word against theirs, which is why speaking to the adjudicator is vital should they contest.
I suspect in this case they've not bothered to check the CEO's notes and when they do won't contest the appeal.
Don't know why the section is headed 'applying discretion'.
If you are sure no PCN was served on the van take them to the tribunal and opt for a telephone hearing.
Adjudicators take a dim view of authorities telling porkies.


The gov's court finder site suggests that's the right email address.
If the money is in your account, then here are two emails you should send, one to DCB Legal and one to the court:QuoteDear Mr Kirby,
I acknowledge receipt of the £104.50 in full and final settlement of my costs, as per your offer and my conditional acceptance dated 28 June 2025. The condition of cleared payment has now been satisfied, and the matter is therefore concluded.
For the record, your client’s failure to pay promptly — and your silence for over a week following my acceptance — was entirely unreasonable. It necessitated further correspondence and caused unnecessary delay, all of which could have been avoided had your client acted with basic procedural courtesy and professionalism.
I will notify the court that the costs have now been settled and that I no longer require the hearing on 2 September 2025. That notification will make clear that the hearing was only necessary due to your client’s failure to notify me of the discontinuance and the subsequent delay in honouring the agreed settlement.
Yours sincerely,
[Your Name]
And you must send this to the court:QuoteSubject: Claim No. [Insert Claim Number] – Costs Hearing on 2 September 2025
Dear Sir/Madam,
I write in relation to the above matter. I confirm that the claimant has now paid the agreed sum of £104.50 in full and final settlement of my costs, as per my conditional acceptance dated 28 June 2025.
Accordingly, I no longer require the costs hearing listed for 2 September 2025 and am content for it to be vacated.
For the record, the hearing was necessitated by the claimant’s failure to notify me of the discontinuance and their subsequent delay in honouring the agreed settlement. I was not served with a copy of the N279 Notice of Discontinuance, contrary to CPR 38.3(1)(b).
Yours faithfully,
[Your Name]
[Your Address]
[Your Contact Details]