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#Post#: 6059--------------------------------------------------
PCN incorrectly issued, NTO appeal date missed
DIR By: S23
Date: September 25, 2023, 5:36 pm
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Hi all,
I was served a PCN for parking in a residents bay, however it
was incorrectly served as there were misprints on the PCN itself
(information missing). I appealed, however this was rejected and
they supplied the missing information via response in the
letter.
Since then a notice to owner (NTO) was served, however due to
life events, I was unable to respond within the 28 day period.
I will need two pieces of advice here:
1) How to proceed now that I've missed the 28 day appeal period
of the NTO
2) The actual response in writing to the NTO
Documents/Timeline:
PCN served 10/07/23
HTML https://drive.proton.me/urls/95Z25HQ6JC#51TAGQ0wR0tO
Google street view link
HTML https://goo.gl/maps/BxRv2hyQPun55rQQ8
[spoiler=Appeal (posted 21/07/23)]Dear Sir/Madam,
I am writing to informally challenge the issue of a PCN, served
on XX/07/2023.
Under Regulation 9 of ‘The Civil Enforcement of Parking
Contraventions (England) General Regulations Act 2007’, Lewisham
and it’s representative enforcement officer has failed to
provide me with the grounds on which the civil enforcement
officer serving the notice believes that a penalty charge is
payable. The exact portion of the regulation is highlighted
below:
“Contents of a penalty charge notice served under regulation 9
1. A penalty charge notice served under regulation 9 must, in
addition to the matters required to be included in it by
regulation 3(2) of the Representations and Appeals Regulations,
state—
(a) the date on which the notice is served;.
(b) the name of the enforcement authority;.
© the registration mark of the vehicle involved in the alleged
contravention;.
(d) the date and the time at which the alleged contravention
occurred;.
(e) the grounds on which the civil enforcement officer serving
the notice believes that a penalty charge is payable;.
(f) the amount of the penalty charge;...”
The attached photocopy of the PCN shows a clear misprint on the
notice where it should visibly state the offence that the
officer believes had occurred. The offending paragraph cannot be
legibly read by either me or a mutual friend, who was present
when opening/detaching the notice.
I believe that I am correct in my judgement in stating that the
PCN issued is invalid and am more than prepared to take this
matter up with an adjudicator if the informal challenge is
rejected and further, should the situation warrant. I hope you
will see this in my favour and I look forward to hearing from
you.
Yours faithfully[/spoiler]
PCN appeal response
HTML https://drive.proton.me/urls/0551MW68S4#2DZpcTfGcYDd
(dated
03/08/23)
Notice to Owner - NTO
HTML https://drive.proton.me/urls/BFBJ4EM31G#t5W4nhhFTNk0
(dated
23/08/23)
#Post#: 6061--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: fraser.mitchell
Date: September 25, 2023, 6:04 pm
---------------------------------------------------------
How far out of the time window are you ? If it were me, I'd
submit reps and explain why they have been submitted late. Your
"life events" would need to be fairly serious, of course.
#Post#: 6062--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: S23
Date: September 25, 2023, 6:14 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> How far out of the time window are you ? If it were me, I'd
submit reps and explain why they have been submitted late. Your
"life events" would need to be fairly serious, of course.
>
--- End Quote ---
NTO is dated 23/08/23 and it is now 26/09/23. More than 28 days
have passed.
I don't believe our life events are significant enough nor can I
provide anything with any proof.
How should I submit reps in this case? (Ie. what should my new
response be? I already stated my case in the original appeal
shown in the spoiler tag)
#Post#: 6068--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: mrmustard
Date: September 26, 2023, 2:44 am
---------------------------------------------------------
Post is slow at the moment and no-one (except you) can say when
the NtO arrived.
I would go online, ignore the fact you might be late, and
challenge on the basis that the mis-printed PCN is unlwaful and
no penalty is due on the back of it. Attach a copy. The council
have the right to ignore late representations but they can't be
sure they are late so will probably respond. Do it now.
#Post#: 6328--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: S23
Date: September 28, 2023, 7:40 pm
---------------------------------------------------------
--- Quote from: mrmustard link ---
>
> Post is slow at the moment and no-one (except you) can say
when the NtO arrived.
>
> I would go online, ignore the fact you might be late, and
challenge on the basis that the mis-printed PCN is unlwaful and
no penalty is due on the back of it. Attach a copy. The council
have the right to ignore late representations but they can't be
sure they are late so will probably respond. Do it now.
>
--- End Quote ---
Thank you - I have repeated my previous letter but with
registered keeper's details. I also realised the notice to owner
provided no information on how to challenge, even though the
body of the notice referred to a section of text on it. Not sure
if this is much, but I added a line about it in too
#Post#: 6411--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: ivanleo
Date: September 30, 2023, 6:12 am
---------------------------------------------------------
--- Quote from: S23 link ---
>
> I also realised the notice to owner provided no information on
how to challenge, even though the body of the notice referred to
a section of text on it. Not sure if this is much, but I added a
line about it in too
>
--- End Quote ---
Pages 3 and 4 of the notice to owner seem to cover that point?
#Post#: 7778--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: S23
Date: October 19, 2023, 6:15 am
---------------------------------------------------------
--- Quote from: mrmustard link ---
>
> Post is slow at the moment and no-one (except you) can say
when the NtO arrived.
>
> I would go online, ignore the fact you might be late, and
challenge on the basis that the mis-printed PCN is unlwaful and
no penalty is due on the back of it. Attach a copy. The council
have the right to ignore late representations but they can't be
sure they are late so will probably respond. Do it now.
>
--- End Quote ---
I posted it and also emailed them explaining that I made reps.
However, they responded by post and simply stated they did not
receive it - see here
HTML https://drive.proton.me/urls/1TDEPAZ6X0#VGLZoQgFmgYu.
I sent it
via 1st class postage stamp as tracking would not have helped.
What should I do now?
#Post#: 7781--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: John U.K.
Date: October 19, 2023, 6:42 am
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You have over-cropped their response and we do not know what
date it was sent: please tell us.
What is the online status of the PCN?
Others will be along to tell you how to deal with the order for
recovery.
--- Quote ---
> I sent it via 1st class postage stamp as tracking would not
have helped.
--- End Quote ---
For future reference post 1st.class at post office counter and
obtain proof of posting (free).
#Post#: 7782--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: fraser.mitchell
Date: October 19, 2023, 6:51 am
---------------------------------------------------------
It seems to me this is the ley sentence: -
--- Quote ---
> Since then a notice to owner (NTO) was served, however due to
life events, I was unable to respond within the 28 day period.
--- End Quote ---
Please post your reps that you submitted, albeit late, against
the Notice to Owner.
Form TE9 does not seem to cover your circumstances: -
/
HTML https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf
#Post#: 7787--------------------------------------------------
Re: PCN incorrectly issued, NTO appeal date missed
DIR By: S23
Date: October 19, 2023, 7:21 am
---------------------------------------------------------
--- Quote from: John U.K. link ---
>
> You have over-cropped their response and we do not know what
date it was sent: please tell us.
>
> What is the online status of the PCN?
>
> Others will be along to tell you how to deal with the order
for recovery.
>
> [quote] I sent it via 1st class postage stamp as tracking
would not have helped.
--- End Quote ---
For future reference post 1st.class at post office counter and
obtain proof of posting (free).
[/quote]
Sorry - response was dated 02/10/23. Online status shows 'Charge
certificate stage'
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