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#Post#: 87639--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: John U.K.
Date: August 29, 2025, 12:39 am
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Please post all of the letter from TEC, redacting only yr name &
address.
#Post#: 87641--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: August 29, 2025, 2:40 am
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@John U.K.
Thanks. This is the letter I received and a screenshot of the
current PCN status
#Post#: 87653--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: August 29, 2025, 4:29 am
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@John U.K.
I just received the attached letter from the council. It states
that they sent me a NOR on 27 May 2025, but the details they've
provided show 27 August 2025 with a different PCN number and a
different vehicle reg.
What's the best course of action? They clearly haven't hit the
56 day response deadline, so it seems logical that as per
legislation they're deemed to have accepted my reps by default
and the PCN is cancelled.
Should I make that my appeal, or contact the council and advise
them to withdraw the PCN and cancel it?
It appears that I won't be able to make an appeal online as the
details they've provided relate to another PCN issued after mine
(attached), which also seems wonky as the date they've given for
the NOR issue looks to be too far after the date of PCN issue
and there's no photos of the car...
#Post#: 87693--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: H C Andersen
Date: August 29, 2025, 9:36 am
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Pl stick to the procedure and read their letter carefully.
They are offering you the chance to pay. That's very generous of
them. This step is outside procedure.
They have the obligation to refer the matter to the adjudicator
which they say would be done if payment not received.
As they're not offering the discount, it's a no-brainer to leave
in their court and wait because there is nothing else for you to
do within procedure until you hear from the tribunal.
#Post#: 87699--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: August 29, 2025, 10:13 am
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--- Quote from: H C Andersen link ---
>
> Pl stick to the procedure and read their letter carefully.
>
> They are offering you the chance to pay. That's very generous
of them. This step is outside procedure.
>
> They have the obligation to refer the matter to the
adjudicator which they say would be done if payment not
received.
>
> As they're not offering the discount, it's a no-brainer to
leave in their court and wait because there is nothing else for
you to do within procedure until you hear from the tribunal.
>
--- End Quote ---
Ah, so is this more of a cheeky attempt by them to get me to pay
and wrap it up, rather than a demand, so to speak?
Does that mean that section 4 of the letter re how to appeal
doesn't apply until after its referred to the adjudicator? Or is
that in relation to the NOR that they claim to have sent? I was
thrown by the line about making an appeal within 28 days of the
NOR, and even more so by the incorrect PCN/Reg details on the
letter...
#Post#: 87708--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: H C Andersen
Date: August 29, 2025, 11:26 am
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I don't really care and IMO neither should you!
(2) A witness statement must state one and only one of the
following—
(a)that P did not receive the enforcement notice;
(b)that P made representations to the enforcement authority
under regulation 5 of the 2022 Appeals Regulations but a notice
of rejection was not received from that authority in accordance
with regulation 6 of those Regulations;
7) Where a witness statement is served including a statement
under paragraph (2)(b), (c) or (d), the enforcement authority
must refer the case to the adjudicator.
Where a case is referred to the adjudicator—
(a)the adjudicator may give P and the enforcement authority
(“the parties”) such directions as the adjudicator considers
appropriate in the circumstances, and
(b)the parties must comply with those directions.
Note the words...'must refer' and 'did not receive' i.e. nothing
to do with whether they issued, it's that it wasn't received!
#Post#: 87710--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: August 29, 2025, 11:37 am
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--- Quote from: H C Andersen link ---
>
> I don't really care and IMO neither should you!
>
>
> (2) A witness statement must state one and only one of the
following—
>
> (a)that P did not receive the enforcement notice;
>
> (b)that P made representations to the enforcement authority
under regulation 5 of the 2022 Appeals Regulations but a notice
of rejection was not received from that authority in accordance
with regulation 6 of those Regulations;
>
> 7) Where a witness statement is served including a statement
under paragraph (2)(b), (c) or (d), the enforcement authority
must refer the case to the adjudicator.
>
>
> Where a case is referred to the adjudicator—
>
> (a)the adjudicator may give P and the enforcement authority
(“the parties”) such directions as the adjudicator considers
appropriate in the circumstances, and
>
> (b)the parties must comply with those directions.
>
> Note the words...'must refer' and 'did not receive' i.e.
nothing to do with whether they issued, it's that it wasn't
received!
>
--- End Quote ---
Ok, so in referring to the adjudicator the burden is on the
council to prove that I received the NOR, rather than they sent
it.
I'll sit tight, thanks for helping again.
#Post#: 87755--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: H C Andersen
Date: August 29, 2025, 4:45 pm
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No. You did receive the NTO, then made reps but didn't receive
the NOR.
C'est la vie.
The adjudicator would ask for a copy of your reps and their NOR
just for starters.
Just wait for their directions pl.
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