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#Post#: 45711--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: H C Andersen
Date: November 15, 2024, 5:55 am
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OP, you are obliged to comply with the instructions on the NTO
as regards making reps.
The NTO offers two methods: online and by post.
Each must offer the same contents.
I think the point being made is that the website grounds and
those in the NTO are materially different.
#Post#: 45716--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 15, 2024, 6:21 am
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--- Quote from: H C Andersen link ---
>
> OP, you are obliged to comply with the instructions on the NTO
as regards making reps.
>
> The NTO offers two methods: online and by post.
>
> Each must offer the same contents.
>
> I think the point being made is that the website grounds and
those in the NTO are materially different.
>
--- End Quote ---
So you are saying that because they have not listed the same
points on the NTO and their online portal, their response is
inherently incorrect? Does that fall under procedural
impropriety? What does it mean in this case?
If that was the case then does that apply to all their NTOs they
send out because I assume its the same in all cases.
#Post#: 45721--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: Hippocrates
Date: November 15, 2024, 6:31 am
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Also the website fetters discretion.
cp usually advises to raise the website issue at the Tribunal.
#Post#: 46035--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 18, 2024, 8:23 am
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Ok so I am assuming that they will reject this appeal and it
will go to the tribunals. At any case, I assume I need to make
representations now.
Am I correct in saying that I will select Procedural Impropriety
as the reason and then submit the following text supplied by H C
Andersen:
PCN ******
Procedural Impropriety
I refer to the NTO issued on **** in respect of the above PCN.
When I made my initial representations I included a copy of my
PCN and described the printing as being misaligned. At that time
I did not realise that it would be necessary for me to go into
regulatory detail given that the CEO's error was so blatant and
one which a proper consideration of those representations could
not have failed to recognise.
Your subsequent rejection and the NTO show that I was wrong.
As the authority will see, the amount of penalty demanded in the
PCN is £11 but in the NTO it is £80. Self-evidently therefore
the PCN is defective and constitutes a procedural impropriety
given that the 'amount of the penalty charge' is a 'regulatory
matter' which must be included in the PCN. So, either £11 or £80
is incorrect or perhaps both. But whichever is correct still
represents a procedural impropriety as regards the PCN or the
NTO.
The authority cannot have it both ways and I submit would do
well to accept now what is manifestly the case rather than let
the adjudicator determine the same outcome.
#Post#: 47080--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 26, 2024, 6:34 am
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Just an update, I have submitted representations as I was coming
to the end of my 28 days using the post previous to this.
Your representation has been received
Your representation was submitted on Tue 26/11/2024 12:33.
Your case reference number is: TF00537498.
#Post#: 47654--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 30, 2024, 10:51 am
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Good news folks, Redbridge have accepted the representations and
cancelled the PCN! Thanks for all your help.
#Post#: 47660--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: Hippocrates
Date: November 30, 2024, 12:30 pm
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--- Quote from: anonymous link ---
>
> Good news folks, Redbridge have accepted the representations
and cancelled the PCN! Thanks for all your help.
>
--- End Quote ---
Well done for staying the course. May we see their letter of
retreat please? ;D
#Post#: 47815--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: December 1, 2024, 7:42 pm
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--- Quote from: Hippocrates link ---
>
> [quote author=anonymous link=topic=3271.msg47654#msg47654
date=1732985469]
> Good news folks, Redbridge have accepted the representations
and cancelled the PCN! Thanks for all your help.
>
--- End Quote ---
Well done for staying the course. May we see their letter of
retreat please? ;D
[/quote]
Of course!
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