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#Post#: 81766--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: stamfordman
Date: July 20, 2025, 6:43 am
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Don't know why the section is headed 'applying discretion'.
If you are sure no PCN was served on the van take them to the
tribunal and opt for a telephone hearing.
Adjudicators take a dim view of authorities telling porkies.
HTML https://i.imgur.com/UrZAaWx.png
#Post#: 81767--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: H C Andersen
Date: July 20, 2025, 6:51 am
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More procedural improprieties in the NOR than you can shake a
stick at. IMO, they're doomed just by these.
Register appeal:
Procedural impropriety;
Then come back here.
We can expand on the PIs when it's registered.
#Post#: 81769--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: DontStandForNonsense
Date: July 20, 2025, 7:41 am
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Great,
So when registering the appeal with the tribunal website, I
won't be asked for anything beyond the details of the NTO?
#Post#: 81770--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: DontStandForNonsense
Date: July 20, 2025, 7:42 am
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--- Quote from: stamfordman link ---
>
> Don't know why the section is headed 'applying discretion'.
>
> If you are sure no PCN was served on the van take them to the
tribunal and opt for a telephone hearing.
>
> Adjudicators take a dim view of authorities telling porkies.
>
>
HTML https://i.imgur.com/UrZAaWx.png
>
--- End Quote ---
I hope so because that really is BS.
Why could the not have come clean and said whatever the warden
said, and where nothing was written, to say, we do not have a
picture and can't say why one wasn't taken.
#Post#: 81772--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: stamfordman
Date: July 20, 2025, 7:50 am
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They should indeed have come clean and admitted they served the
wrong document - a postal PCN looks like it would have been
correct. But they sent an NTO instead.
We see a wrongly served NTO quite often and it can come down to
your word against theirs, which is why speaking to the
adjudicator is vital should they contest.
I suspect in this case they've not bothered to check the CEO's
notes and when they do won't contest the appeal.
#Post#: 81781--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: DontStandForNonsense
Date: July 20, 2025, 8:23 am
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--- Quote from: stamfordman link ---
>
> They should indeed have come clean and admitted they served
the wrong document - a postal PCN looks like it would have been
correct. But they sent an NTO instead.
>
> We see a wrongly served NTO quite often and it can come down
to your word against theirs, which is why speaking to the
adjudicator is vital should they contest.
>
> I suspect in this case they've not bothered to check the CEO's
notes and when they do won't contest the appeal.
>
--- End Quote ---
Yes that makes sense. Thanks for this.
By the way, the tribunal website doesn't have the Procedural
Impropriety option. Closest most relevant option seems to be:
The authority made a procedural error.
#Post#: 81783--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: DontStandForNonsense
Date: July 20, 2025, 8:28 am
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Also they have a further 2 parts (copied below).
WOuld you advise me to leave them blank or add my version of
events? i.e. Returned to the vehicle, saw the warden standing
close by but since no PCN had been attached to my vehicle I
drove away. Sometime later, I received a NTO in the post which I
appealed on the basis that no PCN had been issued prior to the
NTO. The Parking authority rejected by appeal but offered no
evidence for serving the PCN.
1. Explain your appeal
Be as specific as you can, please include dates, times and
locations where possible (3000 word limit). If you wish to add a
longer explanation you may do so by uploading it as evidence
(see below).
2. Add your evidence
Adding evidence to your appeal can be helpful to support your
case, although you are not required to do so.
Evidence that may be helpful could include:
pay-and-display tickets
photographs
correspondence
letters / statements from witnesses
proof of vehicle ownership (such as DVLA records or sales
receipts)
invoices or delivery notes (to show loading while using your
vehicle)
permits or vouchers
a copy of a Blue Badge
Neither form of evidence is necessarily better than the other.
Given the nature of the Tribunal process, please be aware that
any evidence uploaded by either party (i.e. you or the
Authority) can be seen by the other.
So, if you decide to upload evidence of a personal nature,
please ensure you remove or hide any information you do not wish
to be seen by the Authority.
If uploading a bank account statement, for example, this could
mean removing or hiding your sort code / account number; or for
medical records, this could mean removing your National
Insurance Number.
If you do not have evidence to hand right now, you are able to
upload it to your case file at a later date.
#Post#: 81790--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: H C Andersen
Date: July 20, 2025, 11:09 am
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Even tribunals use different words, so for reference and
accuracy here's what's in the Regulations:
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/2
(5) If the adjudicator concludes that a ground specified in
regulation 5(4) applies, the adjudicator—
(a)must allow the appeal, and
(b)may give such directions to the enforcement authority as the
adjudicator considers appropriate for the purpose of giving
effect to that decision.
5(4)
(f)there has been a procedural impropriety on the part of the
enforcement authority;
#Post#: 81793--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: DontStandForNonsense
Date: July 20, 2025, 11:29 am
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Should I explain my appeal or save it until the phone tribunal>
#Post#: 81801--------------------------------------------------
Re: Notice To Owner without having Received a PCN first
DIR By: DontStandForNonsense
Date: July 20, 2025, 2:10 pm
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Ok I have submitted the appeal to the tribunal and explained my
argument
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