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Charge certificate appeal?
tkens
post Mon, 16 Jul 2018 - 15:42
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Hi all,

Is it possible to appeal a charge certificate once it has been issued?

I made a delivery to a residential street and within 5 minutes was issued with a pcn. I appealed this pcn on the grounds that I was unloading and that the enforcement officer did not observe the vehicle for long enough. This appeal was done via email and it was rejected. The lady with whom I was corresponding said that I could appeal to patas but did not give me any information on how to appeal or when. I have now received the Charge certificate and realised that I have missed my opportunity to appeal.

Thanks
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post Mon, 16 Jul 2018 - 15:42
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cp8759
post Mon, 16 Jul 2018 - 15:46
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It sounds like you make informal representations against the PCN. Did you get a Notice to Owner? If not, you just wait for the order for recovery, and then file a witness statement saying you never got the Notice to Owner, that resets the process and the Order for Recovery and Charge Certificate will be cancelled. However you must wait for the Order for Recovery, you cannot appeal the Charge Certificate.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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stamfordman
post Mon, 16 Jul 2018 - 15:48
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Here's the process.

https://www.londontribunals.gov.uk/eat/unde...rcement-process
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tkens
post Mon, 16 Jul 2018 - 15:50
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I received the notice to owner and made the appeal. The Person dealing with the appeal then rejected it but I have checked the email and there are no notes or attached files saying how I should then proceed. I then followed it up at that point she replied saying I could appeal to PATAS but doesn't give any information on how I would do so. Rather naively I just thought I would have to wait for a letter and it turns out to be the Charge certificate with no further place to appeal.

Does this mean I am screwed?

thanks
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cp8759
post Mon, 16 Jul 2018 - 15:55
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No you are not screwed at all, it means you can file a witness statement saying you made formal representations but never received a proper Notice of Rejection. Did they only send the rejection by email?


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tkens
post Mon, 16 Jul 2018 - 16:17
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yes just by email.

Thanks
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cp8759
post Mon, 16 Jul 2018 - 16:20
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You should be able to get the PCN cancelled on the basis of a procedural impropriety.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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John U.K.
post Mon, 16 Jul 2018 - 16:24
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QUOTE (tkens @ Mon, 16 Jul 2018 - 17:17) *
yes just by email.

Thanks


Can you post a copy of the e-mail here, please.
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PASTMYBEST
post Mon, 16 Jul 2018 - 17:11
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We need to see all documents. You have either as close as can be a sure fired winner or you will need to pay but we do not know without sight of the documents


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