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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 71035--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: stamfordman
Date: May 12, 2025, 8:22 am
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This is small PCN financially and I wouldn't bother with a SAR
and just wait to see what happens after you file the witness
statement, which I think is best emailed to TEC.
#Post#: 71081--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 12, 2025, 11:27 am
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Hello Stamfordman,
OK. Well, let’s see what happens with the witness statement
then. I’ll update appropriately. Thanks again.
#Post#: 71090--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: H C Andersen
Date: May 12, 2025, 12:08 pm
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TEC could take a couple of weeks to respond..
..why waste this time?
If the council issue a fresh NTO then you have 28 days in which
to make reps..but you'll know b****r all, so what could you say?
You want to try and get this stopped at the formal reps stage
and not drift into an appeal to the adjudicator where you would
see these notices..but possibly no more than a week before your
appeal is to be heard!
IMO, there is nothing to be gained by remaining in ignorance AKA
not submitting a SAR.
#Post#: 71099--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: stamfordman
Date: May 12, 2025, 1:03 pm
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--- Quote from: H C Andersen link ---
>
> so what could you say?
>
--- End Quote ---
Well there's the little matter of a 5 year delay... Mr Mustard
[member=7]mrmustard[/member] would have a field day with this -
he's audited Ealing's many failures to act fairly within
reasonable time. Sending an OfR to an address that a keeper may
have long vacated is not going to work for Ealing I'd wager.
#Post#: 71100--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: H C Andersen
Date: May 12, 2025, 1:09 pm
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Then why not catalogue this failure with simple, objective facts
and a timeline?
#Post#: 71101--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: mrmustard
Date: May 12, 2025, 1:10 pm
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Ealing are shameless
#Post#: 71404--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 13, 2025, 7:30 pm
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Hi all, thank you for all your help. Ealing indeed are
shameless!
#Post#: 71596--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: mrmustard
Date: May 15, 2025, 2:38 am
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Tribunal decision yesterday about a shorter delay in Hounslow
was quite clear - 2250062496
I heard the Appellant by audio link
I adjourned the hearing for the following reason:-
The Adjudicator has heard the Appellant by audio link.
Unsurprisingly he raises the issue of the extreme delay that has
occurred in this case. The Adjudicator directs the Council to
provide a full explanation for this, in particular the delay
between the issue of the Charge Certificate on 28/12/22 and the
Notice of Debt Registration Issued 15/08/2024.
The Appellant informs the Adjudicator the evidence served on him
consisted of a single item only. Whatever the reason for this
may be, the Council is also directed to serve another evidence
bundle in hard copy form."
The Council has not responded to either direction. In the
absence of any explanation from the Council I consider that the
gross delay which has occurred in this case renders is wholly
unfair to enforce a penalty and that this is one of those rare
cases where the Appeal falls to be allowed on the basis of a
collateral challenge.
#Post#: 71629--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 15, 2025, 6:19 am
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Thank you for the post mrmustard. That certainly gave me a lot
of hope!
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