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Messages - flash2005

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1
Well the obvious next step is to appeal, you have to decide whether you want to do this yourself or whether you would prefer to have a representative.

There is also a served v delivered flaw in the notice of rejection, which is an argument some adjudicators accept.

As the penalty doesn't go up if you lose, there's no point in paying now.
Yes I am happy to appeal.  Any good examples of appeal I can leverage ?

2
The council has rejected the formal representation.  No links have been clicked either from the first appeal or the second representation. Please see below
Can I get advice on the next steps please ?  @Hippocrates, @cp8759, @mrmustard








3
I've added one final comment, also please note this is a formal representation, not an appeal.
Many thanks, I have changed the word appeal to formal representation in the document and also submitted it to the council now. 
I have removed sharing on the draft document so that there is no risk of anybody clicking the short.io links by mistake.

4
@cp8759 - There is still time available for the appeal, but I wanted to check if there is any further feedback ?

5
Should I submit the appeal now ?

6
I would not deploy the link tactic at this stage: it's warning them that they have a problem and they can fix it by opening the link. A failure to consider at the informal stage has very little weight, you really need them to fail to open the link now when they consider your challenge to the notice to owner. You would then deploy the click statistics at the tribunal stage, when it's too late for the council to go back and remedy their error.

On the second ground (date of service vs date of contravention), there are these three cases you can cite:

https://drive.google.com/file/d/1RJouvEIzKoxr0VLtZ6EnMSiquc3Y9QMT/view
https://drive.google.com/file/d/1qjkKYJxAHhFvrWhpwTqGwhrUfa-pD5Sv/view
https://drive.google.com/file/d/1HLgXkoFeKSPDT1k09A_jPyaybFvP98ac/view

I would quote them by only giving the names of the parties, to Richard Weisz v London Borough of Barnet, Malcolm Newman v London Borough of Hounslow and Branislav Baca v Portsmouth City Council, that way they're far less likely to claim they looked them up in the register (and the last one can't be looked up anyway).

You then have multiple links and to prove they've considered the representations as required by law they would have to open all four, which they're unlikely to do.

I've also added a few comments to the google doc.

I have made the suggested changes in the document.  Please let me know if there is any further feedback.  I haven't added the final links yet to reduce the risk of accidental clicks.

7
Please see the draft appeal here (link below) which combines the strategy from both @cp8759 and @mrmustard.  Kindly let me know any feedback.  Commenting privileges are enabled in the document.

Appeal Draft

Needs to be tidied up. But the basic points are there.
Many thanks.
Can you suggest what tidying up is required, as I have tried to do the best possible draft.  If you need edit access please click on the button in google docs.

8
Please see the draft appeal here (link below) which combines the strategy from both @cp8759 and @mrmustard.  Kindly let me know any feedback.  Commenting privileges are enabled in the document.

Appeal Draft

9

This was the strategy recommended bt @cp8759 which I have followed and the council has not seen the link to the report Link

However the procedural impropriety by @mrmustard has also worked in the past.  Which one is the best to adopt here ?

10
Got the NTO today.  Can I get some guidance on the next steps please ?








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@cp8759, @mrmustard
Can you advise me on the next steps please ?

12
Just received a response from the council, who have rejected the appeal.  I have checked the link report and they haven't checked the report which was submitted with the appeal.  What are the next steps here please ?
Click Report

Letter from council

13
Today I got a letter from TFL saying that they have cancelled the PCN.  Many thanks for all the help on this to get this successful outcome.

14
Many thanks, I have submitted the appeal.

15
That's actually one of the best I've seen.

Send it off and let's see what comes back.
I wanted to check what xxx applicable regulations should I quote ?
Also which option should I select ? @cp8759


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