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#Post#: 52006--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: Enceladus
Date: January 5, 2025, 9:32 am
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Assuming you ticked the box for non-receipt of the Notice to
Owner on the Witness Statement, then the next step is that
Newham will serve a new Notice to Owner. You can challenge
(submit formal representations) against it in the normal manner
and appeal to the Adjudicator if rejected. The penalty would be
£130 if you lose.
What date is on the court order issued by the TEC?
#Post#: 52008--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: neverpaying
Date: January 5, 2025, 9:38 am
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The date on the court order is 20th December, which it says is
the same day that I submitted the witness order.
Does the council re-offer the £65 discount should the appeal get
rejected? Or is it a case of £65 to pay or £130 if I choose to
appeal?
#Post#: 52071--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: Enceladus
Date: January 5, 2025, 9:47 pm
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--- Quote from: neverpaying link ---
>
> The date on the court order is 20th December, which it says is
the same day that I submitted the witness order.
>
> Does the council re-offer the £65 discount should the appeal
get rejected? Or is it a case of £65 to pay or £130 if I choose
to appeal?
>
--- End Quote ---
What date did you email your Witness Statement form to the TEC?
The 18th Dec?
The recipient of the on-street PCN had 14 days beginning with
the date of service (the date that the PCN was stuck onto the
windscreen) to pay at the discount rate. That is now long since
lapsed.
The NTO won't offer the discount, it will be for the full amount
of £130. This is also true of the NTO that went missing. It's
possible but unlikely that Newham will reoffer the discount if
you submit formal representations against the NTO. So you might
as well appeal to the Adjudicator as there is no financial
incentive to do otherwise.
If this case gets to the Adjudicator then you would be liable
for £130 if you lose the case, £0 payable if you win.
Newham need to get the new NTO served on you by the 16th Jan. So
the latest day for them to issue and post it is Tuesday the 14th
Jan. I wouldn't contact them in case they mess that up. And keep
the envelope and make a note of when the NTO arrives in the
post. Newham consider it acceptable to backdate documents and
post them late.
#Post#: 56680--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: neverpaying
Date: February 4, 2025, 5:06 pm
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Sorry, I forgot to update. I received the NTO on the 16th. The
council sent it on the last day possible with 1st class next day
delivery...
The album with the NTO is here:
HTML https://imgur.com/a/mFW7X5u
As the above user helpfully added, I don't lose anything by
taking this all the way as the fine will remain the same.
In the representations, my point would be that:
1. The lines are completely faded. The start of the double
yellow is completely gone. The part where I was parked was
almost completely gone too. The CEO's camera's high
contrast/saturation is hiding this fact.
2. There are no nearby signs (given that this is a controlled
parking zone), and no way to see that there are restrictions
given that the lines were faded.
3. I have a resident permit for the entire area where I was
parked, which added to the confusion.
I would also add that this process of missing the first NTO,
which should definitely be sent by recorded delivery if a missed
delivery results in a debt being registered, plus not
re-offering a discount through no fault of my own means I am
unreasonably being punished here.
#Post#: 56872--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: neverpaying
Date: February 6, 2025, 7:29 am
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I believe I have the 12th of this month to submit my
representations. Are there any thoughts or suggestions on my
previous post?
#Post#: 57416--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: neverpaying
Date: February 10, 2025, 6:42 am
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This is what I am submitting as my representation:
"I am appealing this PCN because the road markings are severely
faded, making the single yellow lines almost impossible to see
under normal conditions. The CEO’s high contrast photographs
exaggerate their visibility because the lines are not maintained
to a standard that clearly indicates any restriction. And the
area that would have been underneath and to the front of my
vehicle are completely faded. This location is also within a
controlled parking zone so lacks the proper signage directly at
the location, this in conjunction with the severely faded lines,
and the fact that I also hold a valid resident permit for the
entire area is what caused the confusion and led me to believe
that I could park there.
Additionally, I did not receive the initial Notice to Owner,
depriving me of the opportunity to pay at the discounted rate.
It is unfair to penalise road users for a delivery failure
beyond their control, especially because the initially offered
discounted rate is not re-offered and that a delivery failure
caused a debt recovery to be issued. Notice to Owners should be
sent with signed or recorded delivery to prevent this unjust
stress on road users."
#Post#: 57444--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: H C Andersen
Date: February 10, 2025, 7:59 am
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Additionally, I did not receive the initial Notice to Owner,
depriving me of the opportunity to pay at the discounted rate.
It is unfair to penalise road users for a delivery failure
beyond their control, especially because the initially offered
discounted rate is not re-offered and that a delivery failure
caused a debt recovery to be issued. Notice to Owners should be
sent with signed or recorded delivery to prevent this unjust
stress on road users."
Is nonsense, I'm afraid, I'd leave it out.
There was no 'opportunity to pay the discount' with a NTO. You
had your chance with the initial PCN.
As regards how NTOs are served, this is by first-class post and
not signed or recorded, after all if this was the case then
motorists could just refuse to sign.
#Post#: 57477--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: fraser.mitchell
Date: February 10, 2025, 10:06 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Additionally, I did not receive the initial Notice to Owner,
depriving me of the opportunity to pay at the discounted rate.
It is unfair to penalise road users for a delivery failure
beyond their control, especially because the initially offered
discounted rate is not re-offered and that a delivery failure
caused a debt recovery to be issued. Notice to Owners should be
sent with signed or recorded delivery to prevent this unjust
stress on road users."
>
> Is nonsense, I'm afraid, I'd leave it out.
>
> There was no 'opportunity to pay the discount' with a NTO. You
had your chance with the initial PCN.
>
> As regards how NTOs are served, this is by first-class post
and not signed or recorded, after all if this was the case then
motorists could just refuse to sign.
>
--- End Quote ---
In view of the number of times we see on here that postal PCNs
and NtOs are not received before Charge Certificates are
received, my view is that all postal enforcement documents
should be sent by tracked mail. That way there cannot be any
argument about when they arrive at the addressee.
#Post#: 57600--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: neverpaying
Date: February 11, 2025, 8:05 am
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--- Quote from: H C Andersen link ---
>
> Additionally, I did not receive the initial Notice to Owner,
depriving me of the opportunity to pay at the discounted rate.
It is unfair to penalise road users for a delivery failure
beyond their control, especially because the initially offered
discounted rate is not re-offered and that a delivery failure
caused a debt recovery to be issued. Notice to Owners should be
sent with signed or recorded delivery to prevent this unjust
stress on road users."
>
> Is nonsense, I'm afraid, I'd leave it out.
>
> There was no 'opportunity to pay the discount' with a NTO. You
had your chance with the initial PCN.
>
> As regards how NTOs are served, this is by first-class post
and not signed or recorded, after all if this was the case then
motorists could just refuse to sign.
>
--- End Quote ---
I've removed the line about the discount, but kept the line
about the tracked delivery.
Submitted the representation now.
#Post#: 59186--------------------------------------------------
Re: Newham - Parked in restricted street - Charge Certificate -
NtO not received
DIR By: neverpaying
Date: February 21, 2025, 7:34 am
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They have accepted my representation and cancelled the PCN:
"Thank you for your representations received on 11 February
2025, against the above penalty charge notice (PCN). Your
comments and the notes of the Civil Enforcement Officer (CEO)
have been considered.
We have noted your comment but due to the fact that an important
information about the case cannot be retrieve a decision had
being made to accept your representation. [sic]
In view of the above information, your representation has been
accepted and penalty charge notice has been cancelled."
Bit of fortune. Is there anything here that can be used for
future cases?
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