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Anyone else? Ealing Council PCN appeals No responses, Council have gone straight to sending charge certificates. Worried
Guest_Newname_*
post Mon, 21 Jan 2019 - 15:09
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Ealing Council sent two penalty charge notices for the same alleged offence
We made appeals and received automatic acknowledgements therefore the appeals were received
We were waiting for a response to the appeals. However we did not receive any responses and Ealing Council have now sent charge certificates
I've tried to get through to someone on the phone at Ealing Council but it's impossible as it's all recorded messages

Any idea where We Stand?

With thanks for any help

This post has been edited by Newname: Mon, 21 Jan 2019 - 15:52
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post Mon, 21 Jan 2019 - 15:09
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Pepitas
post Wed, 23 Jan 2019 - 13:48
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Well NeilB and others have assisted by clarifying. So for me it was worth posting my suspicions

Appeals were made based on said argument, but as said with no response from the council to the appeals.

I've both phoned and emailed the council several times. No responses to either.





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cp8759
post Wed, 23 Jan 2019 - 14:08
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You phoned and emailed the council to ask them what exactly?


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hcandersen
post Wed, 23 Jan 2019 - 14:09
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Implicitly they have replied to your representations(or lack of, see below), they've issued charge certificates.

They are not a pen friend, they do not have to engage in correspondence with people who to them might simply be seeking to conduct matters extra procedurally. You have a different take, c'est la vie.

The only issue is the CCs and the procedurally correct manner in which these may be handled.

And for information 'automatic acknowledgements' do NOT imply that the documents were correct as to format and content, they're merely automatice responses to the receipt of some form of document uploaded onto their website.

Mistakes happen in these processes, and OPs are often as responsible as councils.

So, let's stick with the tried and tested procedure.
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Pepitas
post Wed, 23 Jan 2019 - 14:09
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To ask them what happened to the responses to the appeals
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cp8759
post Wed, 23 Jan 2019 - 14:19
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 14:09) *
To ask them what happened to the responses to the appeals

Even if they tell you, it makes no difference. You need to wait for the Order for Recovery.


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Pepitas
post Wed, 23 Jan 2019 - 14:25
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If they didn't respond to the appeals doesn't this cancel the penalty charge notice?

We can wait for the order of a recovery otherwise or just pay the charge certificates
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PASTMYBEST
post Wed, 23 Jan 2019 - 14:27
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 14:25) *
If they didn't respond to the appeals doesn't this cancel the penalty charge notice?

We can wait for the order of a recovery otherwise or just pay the charge certificates



QUOTE
We can wait for the order of a recovery otherwise or just pay the charge certificates



Those are the only options within the process, stepping outside it usually ends with pain


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Pepitas
post Wed, 23 Jan 2019 - 14:31
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Pastmybest

Yes seems so - pain stepping outside of the process

Thank you for your response

And thanks to everyone else too
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Neil B
post Wed, 23 Jan 2019 - 14:33
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 13:33) *
There's no-one to speak to directly. We submitted appeals and got no response from the council. So trying to contact them to see when they would issue OfRs will be impossible.

Told you the alternative in post #9, which is now correct, for when the time comes.


QUOTE (Pepitas @ Wed, 23 Jan 2019 - 14:25) *
If they didn't respond to the appeals doesn't this cancel the penalty charge notice?

Same as I said before, why speculate?
And add, as HCA said, there's a clear indication it's more likely they did.
If they didn't? He's covered that too.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Pepitas
post Wed, 23 Jan 2019 - 15:00
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Fao hcanderson

The automatic responses were confirmations that our appeals were received. No documents were uploaded. Having submitted our appeals on solid grounds and within time we waited to hear either if the appeals were rejected or upheld. The automatic response said no matter how long the council took to respond, appealing within time meant the penalty charge remained at the lower rate whether or not the appeal was successful.

Doesn't it seem illogical that responses to appeals would be ignored?! Had we received a response, I wouldn't be on this forum. We didn't. And it's not unreasonable to expect to be able to discuss this with said Council or to have said Council respond to emails.

I've now spoken to the TEC who confirm sometimes there's no response to appeals or those responses go missing. I've now also written to the leader of the council and the Chief Executive. I got replies!! In the borough where I live there is no problem to pick up the phone and speak to someone at the council.



Fao NeilB

Yes unfortunately now it is either waiting it out or paying the charge certificates

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Neil B
post Wed, 23 Jan 2019 - 15:05
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 15:00) *
Yes unfortunately now it is either waiting it out or paying the charge certificates

No it isn't.
Why would you possibly pay?

QUOTE (Pepitas @ Wed, 23 Jan 2019 - 15:00) *
Fao hcanderson

The automatic responses were confirmations that our appeals were received. No documents were uploaded. Having submitted our appeals on solid grounds and within time we waited to hear either if the appeals were rejected or upheld. The automatic response said no matter how long the council took to respond, appealing within time meant the penalty charge remained at the lower rate whether or not the appeal was successful.

Doesn't it seem illogical that responses to appeals would be ignored?!

Oh, go on, I'll bite.
Apologies if it's already been clarified cos I can't be ars ed to look back; do you have a copy of what you sent in?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Pepitas
post Wed, 23 Jan 2019 - 15:27
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Fao NeilB

Appeals were sent via email to the email address given on the back of the penalty charge notices as soon as we received them.

I have no idea whether or not emails could be uploaded here. However I can give a precis of what we argued, which was that the signage was not clearly visible, cannot be seen in the photo and video that they have provided and that it seems other drivers having been accused of the same offence had their appeals upheld by the adjudicator for this very same reason. Further, had there been adequate signage and/or knowledge of the restrictions the same offence would not have been committed again 3 days later (hence two penalty charge notices). Since becoming aware of the restrictions we no longer drive down that route.

I'd pay up it has all been very stressful

This post has been edited by Pepitas: Wed, 23 Jan 2019 - 15:27
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Neil B
post Wed, 23 Jan 2019 - 16:04
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 15:27) *
I'd pay up it has all been very stressful

Was that an answer to my question or you mean you're going to pay? FFS don't do that; there's no need at all.

I think your stress is your own anxiety.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Pepitas
post Wed, 23 Jan 2019 - 17:08
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I think it's 50/50. No response to the appeals and straight to charge certificates has been very stressful.

Interestingly I telephoned transport for London about penalty charge notices and had no trouble getting through to someone. A stark contrast to Ealing who don't even answer emails.


This post has been edited by Pepitas: Thu, 24 Jan 2019 - 20:42
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TigerRob
post Wed, 23 Jan 2019 - 19:25
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 13:33) *
I posted here at this forum because I've been unable to contact the council concerned. There's no-one to speak to directly.

Did you try ringing them on the number here: https://www.ealing.gov.uk/info/201178/parki...ct_us_parking/1
Or try ringing the switchboard and asking to speak to someone?

(I've not tried recently, but they used to answer and be (reasonably) helpful)
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Pepitas
post Wed, 23 Jan 2019 - 19:34
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Thanks TigerRob for your response and for posting the link

I did try ringing those numbers but without success
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skysoft
post Mon, 1 Apr 2019 - 17:10
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Ealing parking services are notorious for making up evidence and ignoring your appeals.
There is no confirmation email when you make the appeal.
I am in the process of demanding compensation due to failure to respond to my appeal.
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Neil B
post Mon, 1 Apr 2019 - 19:28
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QUOTE (skysoft @ Mon, 1 Apr 2019 - 17:10) *
I am in the process of demanding compensation due to failure to respond to my appeal.

sign10.gif rolleyes.gif


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Mon, 1 Apr 2019 - 20:41
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QUOTE (skysoft @ Mon, 1 Apr 2019 - 18:10) *
I am in the process of demanding compensation due to failure to respond to my appeal.

You can demand anything you like, doesn't meant you'll get a farthing.


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