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#Post#: 129562--------------------------------------------------
Re: Medway - 51J - No Entry Restriction
DIR By: darreninthenet
Date: September 4, 2026, 5:30 am
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--- Quote from: tincombe link ---
>
> 5) Procedural impropriety by the Local Authority - the Notice
Of Rejection fails to specify proper details on appealing to the
TPT. The Local Authority cannot discharge this duty by referring
a person to a third parties general website.
>
> Too vague: it's a conclusion. The adjudicator isn't going to
compare the NOR with the legislation, that's your job: specify
exactly where the NOR is defective.
>
--- End Quote ---
Is this any better?
5) Procedural impropriety by the Local Authority - the Notice Of
Rejection fails to specify proper details on appealing to the
TPT. The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022
s.6(a)(iii) clearly states “If the enforcement authority does
not accept the representations, its decision notice must
describe the form and manner in which an appeal to an
adjudicator must be made." The Local Authority has attempted
discharge this duty by referring a person to a third parties
general website (and not even a specific page) which the
legislation does not permit it to do.
#Post#: 129586--------------------------------------------------
Re: Medway - 51J - No Entry Restriction
DIR By: tincombe
Date: September 4, 2026, 9:22 am
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Is this any better?
IMO, no.
Make the adjudicator's job as easy as possible.
Procedural Impropriety
S6(6)(a)(iii) of the Appeals regulations states “If the
enforcement authority does not accept the representations, its
decision notice must describe the form and manner in which an
appeal to an adjudicator must be made."
In their NOR, the only information regarding appealing is
contained Section 4 'How to Appeal Your decision' and the
adjudicator will see that this comprises only a form issued by
the Tribunal. This form has been devised to act as a guide to
appellants and is useful in this regard because it includes
aspects of the Tribunal's practice as well as legal matters, but
does not differentiate. It is not intended to stand on its own,
but to be read in conjunction with the mandatory information to
be included under s6(6)(a)(iii).
But this essential information is not included in the NOR.
Therefore, the recipient is not made aware of:
1. The adjudicator's power to accept appeals submitted outside
the 28-day period;
2 The conditions under which a recipient may claim costs or have
these awarded against them;
Further procedural improprieties arise in Sections 3 and 5 of
the NOR.
Both of these sections repeat the misstatement of the council's
power to increase the penalty, namely '*** 28 days we may
issue/send you a charge certificate''. This is manifestly
incorrect because, as the NOR makes clear, events are triggered
' normally 2 working days after posting' which in either case,
whether a certificate is 'issued' or 'sent' means that the
increased charge does not apply until this point, which is
incorrect in law: my increased liability, if any, arises after
the 'payment period' has expired: service of a CC could be
anything up to 5 days later depending on the time of year.
And to illustrate further the council's inability to express
clearly and succinctly the regulations' requirements, I refer
the adjudicator to this passage in S 3, How to Pay:
3 How to Pay
[Reference to discount]...Failure to pay the penalty charge at
the full rate may result in the issue of a charge certificate
which increases the amount by a further 50%. If the penalty
charge is not the paid within a further 21 days, Medway council
may apply to the county court to recover the charge as if it
were a debt payable under a County Court order.
This must be paid before the end of 28 days beginning on the
date of service of this notice.
Setting aside for one moment that a recipient has only 14 days
in which to pay a charge certificate, I am confused by their
last reference to 'This must be paid before the end of the
period of 28 days etc..'.
'This' means what? The county court order, the charge
certificate or what? It is ambiguous to the point of being
incapable of singular definition and therefore is misleading.
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