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#Post#: 34111--------------------------------------------------
Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: HJ____h
Date: August 22, 2024, 5:14 am
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Hello there,
I fear I may be in the ‘shoot myself in the foot’ gang as I
appealed the above PCN in June when I received it.
Something in their wording about using their discretion made me
appeal using human error / a very upset child on way to dentist
and not having driven in Tottenham since all the new signage /
no entry systems came into play.
Suffice to say I have received a NOR but what has shocked me is
being unable to pay the reduced rate despite sending my appeal
well within the 14 days. (I wrote appeal on the PCN letter so do
not have a copy).
NOR links to images:
HTML https://ibb.co/Y2jHVwR
HTML https://ibb.co/VY9Ckq0
HTML https://ibb.co/3MysbJF
It even states on Haringey council’s website that when appeal is
received it is paused and PCN days do not increase. So I should
still be in the 14 days even now? CAB also reiterates the
reduced option post appeal.
I’m wondering if there’s anything I can do, I will pay the
reduced rate but this all feels really unfair and sneaky and is
a lot of money for me.
Any help most most appreciated.
Thank you,
Upset HJ
#Post#: 34114--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: August 22, 2024, 5:32 am
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We need to see what you wrote. The NOR does not mention the
power of the adjudicator to extend the time in which to appeal.
Cases have been won on this. I will dig them out later.
According to their version of events:
PCN events
Date
Description
15/08/2024 10:13 Correspondence Letter
15/08/2024 10:11 Off Hold
15/08/2024 10:11 Representation submitted Under review
15/08/2024 10:11 Challenge/Representation Rejected
10/07/2024 13:13 On Hold :Representation Received (04/09/2024 )
21/06/2024 09:37 PCN Issued
Well, you should make an appeal to the Tribunal as the full
amount is in play. Please show us your reps. and we will advise.
Usually we advise: the contravention did not occur, I rely upon
my formal representations and will file full submissions upon
receipt of the council's evidence pack. Always choose a personal
hearing, never a Thursday. One of The Three Musketeers will
offer to represent you. cp8759, mrMustard or I. ;D (The
tribunal staff have coined this phrase for us.)
*********
It appears that this is yet another authority which does not
reoffer the discount.
HTML https://www.ftla.uk/the-flame-pit/london-councils-who-do-not-reoffer-the-discount-in-the-formal-notice-of-rejectio/
#Post#: 34118--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: HJ____h
Date: August 22, 2024, 6:02 am
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I did take a photo of my original appeal which can be found
here:
HTML https://ibb.co/yhH650m
Thank you.
#Post#: 34119--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: August 22, 2024, 6:07 am
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Well, I would file the appeal online and get back to me with a
date. I will PM you.
#Post#: 34122--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: HJ____h
Date: August 22, 2024, 6:15 am
---------------------------------------------------------
It says my rep was received 04/09/24 - should be 04/07/24 which
is 13 days after issue - this isn’t causing the reduced rate
issue is it?
Thank you re: PM.
--- Quote from: Hippocrates link ---
>
> We need to see what you wrote. The NOR does not mention the
power of the adjudicator to extend the time in which to appeal.
Cases have been won on this. I will dig them out later.
>
> According to their version of events:
>
> PCN events
> Date
> Description
> 15/08/2024 10:13 Correspondence Letter
> 15/08/2024 10:11 Off Hold
> 15/08/2024 10:11 Representation submitted Under review
> 15/08/2024 10:11 Challenge/Representation Rejected
> 10/07/2024 13:13 On Hold :Representation Received (04/09/2024
)
> 21/06/2024 09:37 PCN Issued
>
> Well, you should make an appeal to the Tribunal as the full
amount is in play. Please show us your reps. and we will advise.
Usually we advise: the contravention did not occur, I rely upon
my formal representations and will file full submissions upon
receipt of the council's evidence pack. Always choose a personal
hearing, never a Thursday. One of The Three Musketeers will
offer to represent you. cp8759, mrMustard or I. ;D (The
tribunal staff have coined this phrase for us.)
>
> *********
>
> It appears that this is yet another authority which does not
reoffer the discount.
>
>
HTML https://www.ftla.uk/the-flame-pit/london-councils-who-do-not-reoffer-the-discount-in-the-formal-notice-of-rejectio/
>
--- End Quote ---
#Post#: 34123--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: August 22, 2024, 6:21 am
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Re Notice of Rejection issue:
The NOR fails to mention that the Adjudicator can extend the
period of time in which to lodge an appeal. In this regard I
rely upon the following two cases and respective extracts: David
Miller v London Borough of Barnet Case No: 217024143 in which Mr
Chan said:
Mr Dishman makes a further submission in relation to the
contents of the Notice of Rejection. In essence, he complains
that it has not advised motorists contemplating an appeal to the
Adjudicator that the Adjudicator may extend the time limit for
an appeal. There is no requirement that the Notice must spell
out the appeal process. It must however "describe in general
terms the form and manner in which such an appeal must be made".
I find that this must include a reference to the time limit and
that it can be extended." I am not satisfied that the PCN can be
upheld. I allow the appeal. And Shelley Sinclair v London
Borough of Lewisham Case No: 218033612A in which Mr Walsh said
with reference to the aforementioned case: The second alleged
deficiency is that the Notice of Rejection does not expressly
state that an adjudicator may extend the period of 28 days
provided for lodging an appeal, as provided by Regulation
7(1)(b). It is right to say, of course, that Regulation 6 does
not stipulate that it should. It is also right to say that the
Notice of Rejection alludes to the power to extend the period,
in that it states that a person who does not appeal within the
period ‘may’ have missed the opportunity to appeal. I conclude,
however, that a reasonable reader of the Notice of Rejection
would be unlikely to conclude that an adjudicator had the power
to extend the 28 day period. That discretionary power is, in my
view, an important component of the appellate process and a
power of which a potential appellant should be made aware. In
the case of Miller v. London Borough of Barnet (2170241413, 21
June 2017), cited by Mrs Sinclair, my fellow adjudicator Mr.
Chan held that it was essential that a Notice of Rejection
describes the power of potential extension to the 28 day limit.
He held that a Notice of Rejection that does not contains this
detail does not describe in general terms the form and manner in
which an appeal to an adjudicator must be made, in accordance
with Regulation 6(1)(c). For the reasons I have given I agree
with that decision which I consider highly persuasive.
#Post#: 34142--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: August 22, 2024, 9:05 am
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μολὼν λαβέ
#Post#: 37785--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: September 22, 2024, 6:19 am
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8 days before the hearing and no council evidence pack filed
yet.
No grounds on website:
Contact Us
Contravention Date13/06/2024**********
Please use the box below to provide information you would like
the Council to consider in relation to this PCN or further
information if you have already made a challenge or
representation. You must include your name, postal address with
postcode and e-mail address, or the Council will not be able to
respond to your correspondence. You can upload supporting
documents instead of, or together with more information, but the
document(s) must also include your name, postal address with
postcode and e-mail address, if you have not typed this into the
box below.
.
Additional information
Your Notes
#Post#: 42595--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: October 27, 2024, 6:04 am
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Edited.
#Post#: 47918--------------------------------------------------
Re: Haringey 52(M) PCN NOR help (Downhills Park Rd N17)
DIR By: Hippocrates
Date: December 2, 2024, 2:22 pm
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PCN issue too. Cannot say more as I work in lieu of Roger Moore,
non-secret agent, any more. :(
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