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Messages - DontStandForNonsense

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1
So I can close this all down and forget about it :)

2
I haven't yet received any letters. Just an email referring me to the tribunals website which when logged in shows this result exactly as I copy pasted it.

3
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."

By the way, what do they mean by saying "Please note, the PCN was issued correctly"? No PCN was issued!

Also, who is saying this? Is it the council or the Tribunal?

4
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."

5
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!

Ok, understood.

This is what I wrote:

   
I am writing to formally appeal the Notice to Owner I received in relation to the alleged contravention.

When I returned to my vehicle, a Civil Enforcement Officer was nearby, entering details into her handheld device. However, there was no Penalty Charge Notice (PCN) attached to my vehicle, nor was one handed to me or visibly in her possession. If she was in the process of issuing a PCN, it had not been completed or served at the time I was present.

I later received a Notice to Owner by post, which came as a surprise given the lack of any physical PCN. I appealed this on the grounds that no PCN had been properly issued or served, and I requested supporting evidence. Unfortunately, no such evidence was provided. The suggestion that the PCN may have been removed or blown away is purely speculative and unsupported by any proof.

Given that the council has not provided any substantive evidence to show that a PCN was issued and served in accordance with the relevant regulations, I respectfully request that this penalty be cancelled.

6
Ok I have submitted the appeal to the tribunal and explained my argument

7
Should I explain my appeal or save it until the phone tribunal>

8
Also they have a further 2 parts (copied below).

WOuld you advise me to leave them blank or add my version of events? i.e. Returned to the vehicle, saw the warden standing close by but since no PCN had been attached to my vehicle I drove away. Sometime later, I received a NTO in the post which I appealed on the basis that no PCN had been issued prior to the NTO. The Parking authority rejected by appeal but offered no evidence for serving the PCN.

1. Explain your appeal
Be as specific as you can, please include dates, times and locations where possible (3000 word limit). If you wish to add a longer explanation you may do so by uploading it as evidence (see below).

2. Add your evidence
Adding evidence to your appeal can be helpful to support your case, although you are not required to do so.

Evidence that may be helpful could include:

pay-and-display tickets
photographs
correspondence
letters / statements from witnesses
proof of vehicle ownership (such as DVLA records or sales receipts)
invoices or delivery notes (to show loading while using your vehicle)
permits or vouchers
a copy of a Blue Badge
Neither form of evidence is necessarily better than the other.

Given the nature of the Tribunal process, please be aware that any evidence uploaded by either party (i.e. you or the Authority) can be seen by the other.

So, if you decide to upload evidence of a personal nature, please ensure you remove or hide any information you do not wish to be seen by the Authority.

If uploading a bank account statement, for example, this could mean removing or hiding your sort code / account number; or for medical records, this could mean removing your National Insurance Number.

If you do not have evidence to hand right now, you are able to upload it to your case file at a later date.

9
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.

Yes that makes sense. Thanks for this.

By the way, the tribunal website doesn't have the Procedural Impropriety option. Closest most relevant option seems to be: The authority made a procedural error.

10
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.



I hope so because that really is BS.

Why could the not have come clean and said whatever the warden said, and where nothing was written, to say, we do not have a picture and can't say why one wasn't taken.

11
Great,

So when registering the appeal with the tribunal website, I won't be asked for anything beyond the details of the NTO?

12
Just received a notice of rejection :(

Would really appreciate some expert guidance. They seem to just ignore our last request for evidence and hold to their position. I must say, I'm quite irritated that they should say "I can assure you, a Penalty Charge Notice was affixed to the vehicle. However it is possible it was removed by someone or or had blown off"

This is total rubbish. I returned to the vehicle as their warden was fumbling about with her ticket machine. She had not printed it before I drove off.

This council use sticky slips that would not blow off. And if it had, then why didn't she just pick it up and take the picture. Why didn't she state that in her notes. If someone took it off, did they take it off in front of her or after she had left. If it was after she left, well then she would have had a picture of it on the vehicle before she left. If it was in front of her, again, I'm sure she would have noted it.

Link to Photos

13
DCB Lawyers also emailed them and CC me in :)

Though I haven't had a confirmation from the court as of yet

14
The gov's court finder site suggests that's the right email address.

Brilliant.... thank you :)

15
If the money is in your account, then here are two emails you should send, one to DCB Legal and one to the court:

Quote
Dear 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:

Quote
Subject: 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]

Thank you. I've sent them. I had to do some digging for the court address, I hope it's the correct. I sent it to enquiries.reading.countycourt@justice.gov.uk and received a reasonably relevant automated response.

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