NtO first notice, Scuba shop loading Options

[Gumph]

I have received an NtO in the poost, dated 8/11. It refers to an alleged contravention on 7/10
On that day, I was loading some scuba-diving equipment from a shop on Chapel Rd. It took only a few minutes and I was gone. I stopped at the end of a row of cars on this mostly residential road
I did not encounter a CEO
As one can see from the only photo posted by Lambeth Council, there is no PCN attched to the car. The small strip of painted lines is confusing
The NtO came out of the blue
I have attached a statement from the shop owner as to the equipment loading. I also have a receipt for the equipment servicing
I will be thankful for any help and comments on how to respond and appeal
Thank you


https://ibb.co/P1nV3mD

https://ibb.co/Wt8LBNR

https://ibb.co/XYgjYGR

This post has been edited by Gumph: Sun, 27 Nov 2022 - 17:11

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[stamfordman]

The reps need tweaking. I'm busy but may be able to do later.

[Gumph]

Thank you. I would like to send it by Monday

[stamfordman]

This is better. I think it's their CEO's word against yours but it is not credible that they observed for so long and then failed to get a pic of a served PCN and you saw no CEO.

---------------------

I making representations in regards to this PCN as there has been a procedural error by the council.

You have sent me a notice to owner concerning the alleged contravention but no PCN was served on the vehicle or handed to me at the location. Therefore the NTO is not valid. I can only see one picture on your website and it does not show a served PCN and I did not see your CEO.

In any case I also claim the exemption of loading, as I was collecting cumbersome equipment from the Amphibian Scuba Centre and this was the only place nearby to wait to carry out the collection.

I enclose an invoice from the shop and can supply a statement from the shop owner if required.

I trust you will cancel this PCN and I look forward to your early reply.

This post has been edited by stamfordman: Sun, 4 Dec 2022 - 23:32

[cp8759]

Just one minor change:

Dear London Borough of Lambeth,

I making representations in regards to this PCN as there has been a procedural error by the council.

You have sent me a notice to owner concerning the alleged contravention but no PCN was served on the vehicle or handed to me at the location. Therefore the NTO is not valid. I can only see one picture on your website and it does not show a served PCN and I did not see your CEO.

In any case I also claim the exemption of loading, as I was collecting cumbersome equipment from the Amphibian Scuba Centre and this was the only place nearby to wait to carry out the collection.

I enclose an invoice from the shop and a statement from the shop owner.

I trust you will cancel this PCN and I look forward to your early reply.

Yours faithfully,

[stamfordman]

The witness statement has or had the wrong time so unless fixed not wise to attach it.

But the loading is really to give them the idea that they should cancel on no PCN and if they don't there's an exemption in play.

[cp8759]

The witness statement has or had the wrong time so unless fixed not wise to attach it.

I'm sure Gumph can get the witness statement fixed.

[Gumph]

Yes, it was amended before submission
Thank you all

[Gumph]

The Lambether Parking website now reads:

'The amount outstanding on the Charge Notice will increase to £195.00 on Wed, 11 Jan 2023. Please pay £130.00 now.

You have already made representations for this PCN and we replied on Tue, 6 Dec 2022. You cannot make representations twice'

I have heard from the Council once once, on 9/11 when I received the NtO. I had never received a PCN. The re-offered discount, seemingly, ends today

I have received no reply to my representations which were confirmed by email on 26/11 though the Council, apparently, claims that it sent a reply 6/12. The confirmed my representations by email but did not send their reply by email. If they sent it by post only, I have not received it. The postal delivery locally has been abominable but they have certaintly caught up from early December

This post has been edited by Gumph: Wed, 11 Jan 2023 - 12:14

[stamfordman]

Did you send your representations according to a method specified on the NTO.

If you get a charge certificate and you filed reps OK but didn't get a rejection there is a simple witness statement process at order for recovery stage that means the council must refer the case to to the tribunal.

https://www.londontribunals.gov.uk/eat/unde...rcement-process

[Gumph]

I received the following email confirm on 5/12

Thank you for submitting your challenge/representation to PCN reference: LJ24486038. A copy of your submission is attached for your records.

Your case will be placed on hold and will not progress in accordance with our procedure.

Your challenge/representation will be considered and a response will be sent to you.

Please allow up to 28 days for a response to be provided.

Please do not reply to this email address. This is an unmonitored mailbox

Yours sincerely


Environment Services,
London Borough of Lambeth

[cp8759]

The Notice of Rejection is likely delayed or lost in the post. Call the council and see if they can email you a copy, if they do then we can save the faff of going to TEC by just filing an appeal with the tribunal.

[Gumph]

I have today received a Charge Certificateraising the penalty charge to £195
What I have not received is a rejection to my representations, submitted and confirmed by email on 5 Dec
Just to refresh, I never received a PCN for the alleged contravention. The first I heard of it was when I received an NtO, dated 8/11
I have rung Lambeth Parking who claim to have sent a rejection on 7 Dec (<48 hours after my formal appeal). They could not confirm if it was sent by post, email or email
I requested that it be re-sent. The agent initially said that she could no do that but I pressed the issue. She contacted the 'back office' and gave me an email address to request that the rejection be re-sent
I will make that request now and post here if and when I hear anything
Thank you


https://ibb.co/R0btQ3j

Via email
Mon , 05 Dec 2022
PENALTY CHARGE NOTICE
LJ24486038
REGISTRATION NUMBER
DATE OF CONTRAVENTION
Fri , 07 Oct 2022 14:39
CURRENT AMOUNT OUTSTANDING
£130.00
NAME
EMAIL
Dear Sir or Madam,
On-line challenge for LJ24486038
On the grounds of:
There has been a procedural impropriety on the part of the enforcement authority
Reason:
There has been a procedural impropriety on the part of the enforcement authority
Further explanation :
I wish to make representations in regards to this PCN as, I believe, there has been a procedural error by the
council
Due to a virtual lack of postal service in my area, I did not receive this NtO until 21/11. This was the first that I
heard of the matter
You have alleged a 01 contravention, but no PCN was served on the vehicle nor handed to me at the location.
Therefore, the NTO is not valid. I can only see one picture on the Lambeth Parking website. It does not show a
served PCN, nor did I see your CEO
I also claim the exemption of loading. I was collecting cumbersome equipment from the Amphibian Scuba Centre
on Chapel Rd. This was the only place nearby to wait to carry out the collection which took no more than a few
minutes
I enclose an invoice from the shop and a statement from the shop owner. The servicing had been pre-paid and
the shop knew I was coming so no time was wasted inside

[stamfordman]

Don't worry - just wait for the order for recovery and make a witness statement as per the process:

https://www.londontribunals.gov.uk/eat/unde...rcement-process

You need to check with TEC in due course if the OfR is registered as you don't need the letter to file the statement and you don't want this to go missing in the post too.

[cp8759]

I think we'll just go straight to the tribunal with an out of time appeal, it's a lot quicker and if refused, the OP can still truthfully state the Notice of Rejection was not received. But I've never had an out of time appeal refused where a valid reason is given.

[cp8759]

Tribunal accepted the OOT application, so the charge certificate is cancelled and we don't need to bother with TEC.

[Gumph]

It seems that Lambeth has decided that it has made an 'administrative error? That must cover not issuing a PCN in the first place, not offering more than 1 photo
and not replying to my representations

Nonetheless, All's Well that Ends Well

Thank you to everyone who has contributed to this result

https://ibb.co/K9RsWvY

[cp8759]

From the DNC form:

REASON FOR DNC:
We are satisfied with the evidence which shows the PCN was not issued to the appellant at the time of contravention.