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#Post#: 89800--------------------------------------------------
Re: Oxford Council PCN, making a prohibited turn, The Plain,
Oxford
DIR By: H C Andersen
Date: September 13, 2025, 11:35 am
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The PCN is presumed served on 10 June, therefore unless you
could rebut this presumption the 28-day period for making reps
ended on 7 July. Reps made later could be disregarded.
I cannot decipher their letter of 12 Sept. There's no such thing
as 'further representations'. But what would an adjudicator make
of this letter with its two references to making
representations, I don't know? It's not clear, although implied,
that they have disregarded/lost your reps sent in July because
there's no reference to these in their letter which seems to
have been prompted by 'your email', presumably the one dated 8
Sept.
If your representations in July were made properly '(a)made in
the form determined by the enforcement authority' then they were
received and the authority would have to state its position as
regards whether they considered or disregarded them. IMO, you
could put this point to them. I assume you have a copy of what
you sent and proof of the email (their auto response doesn't
deal with these fundamentals)?
Pl post:
Your reps;
Covering email;
Their auto response;
Your email of 8 Sept?
#Post#: 89807--------------------------------------------------
Re: Oxford Council PCN, making a prohibited turn, The Plain,
Oxford
DIR By: Giggles4192
Date: September 13, 2025, 11:55 am
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HTML https://imgur.com/a/t299deu
- This is the letter (not email)
I sent on the 8th September.
The email receipt was just an auto-response to lodging an appeal
via the link. In my appeal I mentioned that I did not receive
the letter before the 9th July and that I was out of the country
when it was delivered, so that was the earliest I could respond.
I did not declare anything other than I was the registered
keeper, I just asked for an extension of the discounted price,
due to it being over the 14 days before I received the letter.
HTML https://imgur.com/a/pLTpnYp
- This is the email is received to
say there was a response - This is the only communication since
my submission.
HTML https://imgur.com/a/tDTPvRO
- This is my email receipt for my
appeal
In my evidence, I used a screen shot of the above email receipt
and highlighted the date and time, and the second piece of
evidence was a screenshot of the egress portal which had no
messages at the time that I sent this letter.
#Post#: 89809--------------------------------------------------
Re: Oxford Council PCN, making a prohibited turn, The Plain,
Oxford
DIR By: H C Andersen
Date: September 13, 2025, 12:07 pm
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You don't seem to have made reps in the form required:
Representations against the enforcement notice
5.—(1) The recipient may make representations against the
enforcement notice to the enforcement authority which served it
on the recipient.
(2) The representations must be—
(a)made in the form determined by the enforcement authority, and
(b)to either or both of the following effects—
(i)that in relation to the alleged contravention, one or more of
the grounds specified in paragraph (4) apply;
(ii)that, whether or not any of those grounds apply, there are
compelling reasons why, in the particular circumstances of the
case, the enforcement authority should cancel the penalty charge
and refund any sum paid to it on account of the penalty charge.
(3) In determining the form for making representations, the
enforcement authority must act through the joint committee.
(4) The grounds mentioned in paragraph (2)(b)(i) are—
(a)the alleged contravention did not occur;
(b)the recipient—
(i)never was the owner of the vehicle in question,
(ii)had ceased to be its owner before the alleged contravention
occurred, or
(iii)became its owner after the alleged contravention occurred;
(c)at the time that the alleged contravention occurred, the
vehicle in question was in the control of a person who did not
have the consent of the owner;
(d)the recipient is a vehicle-hire firm and—
(i)the vehicle in question was at the material time hired from
that firm under a hiring agreement, and
(ii)the person hiring it had signed a statement of liability
acknowledging their liability in respect of any penalty charge
notice served in respect of any relevant road traffic
contravention involving the vehicle during the currency of the
hiring agreement;
(e)the penalty charge exceeded the amount applicable in the
circumstances of the case;
(f)there has been a procedural impropriety on the part of the
enforcement authority;
(g)the order which is alleged to have been contravened in
relation to the vehicle concerned, except where it is an order
to which Part 6 of Schedule 9 to the RTRA 1984 applies, is
invalid;
See what others say.
If you believe what's in your letter, why are you concerned
about the discount? Simply don't pay, wait for an Order for
Recovery, tick the box that you made reps but did not receive a
Notice of Rejection, wait to see what the authority do - they
have the options of throwing in the towel or referring to the
adjudicator who would then issue directions to you to
demonstrate that you made reps.
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