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Camrose Avenue PCN
Mana
post Sat, 28 Sep 2019 - 18:31
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Hello guys! Right now, I'm stuck on this.

I know you all went through this with different members all the time, but I'm still stuck next on what to do. Alright, I do know (a little) and that's to appeal to London Tribunals.

But that's all. Can you all please advice what I can do next? sad.gif

The Timeline:

PCN: Side 1

Used this response (modified it a little) and responded on Wed, Aug 28: http://forums.pepipoo.com/index.php?showto...t&p=1494715

Rejection Letter: Side 1 Side 2

...and that's it with the timeline.

This post has been edited by Mana: Sat, 28 Sep 2019 - 20:40
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post Sat, 28 Sep 2019 - 18:31
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PASTMYBEST
post Thu, 10 Oct 2019 - 20:10
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QUOTE (Mana @ Thu, 10 Oct 2019 - 20:31) *
QUOTE (PASTMYBEST @ Thu, 10 Oct 2019 - 17:30) *
Your choice. See if you can register an appeal and come back to us confirm it is registered and you have been allocated a case number Be polite on the reason for late submission remember you want them on your side

If they accept even if the council up the penalty they will have to reduce it back to £130. If they refuse your out of time and its gone up nothing in the regs will require them to do so

I got a case ref number. So I'm all good?



Ok I will draft your representation to send tomorrow


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Mana
post Thu, 10 Oct 2019 - 20:31
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QUOTE (PASTMYBEST @ Thu, 10 Oct 2019 - 21:10) *
QUOTE (Mana @ Thu, 10 Oct 2019 - 20:31) *
QUOTE (PASTMYBEST @ Thu, 10 Oct 2019 - 17:30) *
Your choice. See if you can register an appeal and come back to us confirm it is registered and you have been allocated a case number Be polite on the reason for late submission remember you want them on your side

If they accept even if the council up the penalty they will have to reduce it back to £130. If they refuse your out of time and its gone up nothing in the regs will require them to do so

I got a case ref number. So I'm all good?



Ok I will draft your representation to send tomorrow

Thank you so much, you're a lifesaver!
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Mana
post Sun, 13 Oct 2019 - 18:10
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Bump
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PASTMYBEST
post Tue, 15 Oct 2019 - 19:51
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QUOTE (Mana @ Sun, 13 Oct 2019 - 19:10) *
Bump


I have this in hand and will post later or in the morning


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PASTMYBEST
post Tue, 15 Oct 2019 - 21:04
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Fill in your details on this convert to a PDF and download to the tribunal portal

https://1drv.ms/w/s!AtBHPhdJdppVvB_7-dw...GroTIi?e=oY6gky


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Mana
post Wed, 23 Oct 2019 - 06:20
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All done. Hearing on mid-November.

Also received a letter from Harrow Council a few days ago that they increased my fine to of course, £180. Ignore it, or use that as more evidence?

EDIT: £195

This post has been edited by Mana: Thu, 24 Oct 2019 - 21:29
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PASTMYBEST
post Wed, 23 Oct 2019 - 09:00
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QUOTE (Mana @ Wed, 23 Oct 2019 - 07:20) *
All done. Hearing on mid-November.

Also received a letter from Harrow Council a few days ago that they increased my fine to of course, £180. Ignore it, or use that as more evidence?



post it here and show us what date your appeal was registered


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Mana
post Thu, 24 Oct 2019 - 21:25
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My appeal with London Tribunals was registered (or when I got my case ref) was October 10th.
Harrow Council sent the letter to me on October 15th.

https://i.imgur.com/ZyPlxqh.jpg
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PASTMYBEST
post Thu, 24 Oct 2019 - 21:35
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QUOTE (Mana @ Thu, 24 Oct 2019 - 22:25) *
My appeal with London Tribunals was registered (or when I got my case ref) was October 10th.
Harrow Council sent the letter to me on October 15th.

https://i.imgur.com/ZyPlxqh.jpg


Your appeal was registered late. The adjudicator is entitled to accept it and did, but the council were entitled to serve the CC. They should now cancel it. I would contact the council and ask them to. Give them the case reference number and ask that they confirm cancelation. Do this by e mail and keep a copy also screenshot of the acknowledgement

If they serve an Order for recovery that will be a different matter


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Mana
post Thu, 24 Oct 2019 - 21:57
Post #30


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QUOTE (PASTMYBEST @ Thu, 24 Oct 2019 - 22:35) *
QUOTE (Mana @ Thu, 24 Oct 2019 - 22:25) *
My appeal with London Tribunals was registered (or when I got my case ref) was October 10th.
Harrow Council sent the letter to me on October 15th.

https://i.imgur.com/ZyPlxqh.jpg


Your appeal was registered late. The adjudicator is entitled to accept it and did, but the council were entitled to serve the CC. They should now cancel it. I would contact the council and ask them to. Give them the case reference number and ask that they confirm cancelation. Do this by e mail and keep a copy also screenshot of the acknowledgement

If they serve an Order for recovery that will be a different matter

Thanks. I e-mailed the council to kindly cancel the CC. All I have to do is wait for a response now.
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Mana
post Tue, 29 Oct 2019 - 12:31
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5 days later, no response. Is this normal?

EDIT: resent the e-mail again to them.

Beginning to get worried as they now can send a CCJ debt to me.

This post has been edited by Mana: Tue, 29 Oct 2019 - 12:46
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PASTMYBEST
post Tue, 29 Oct 2019 - 12:58
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QUOTE (Mana @ Tue, 29 Oct 2019 - 12:31) *
5 days later, no response. Is this normal?

EDIT: resent the e-mail again to them.

Beginning to get worried as they now can send a CCJ debt to me.


no they can't you it does not work that way. They will send a document called an order for recovery. That will allow you to make a statutory declaration to the effect that you appealed to an adjudicator but have not had a response. The charge certificate will then be revoked


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Mana
post Sun, 10 Nov 2019 - 01:24
Post #33


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Got an e-mail today and I got news.... *drumroll*

The appeal has been allowed! I no longer have to pay Harrow Council money!

Thank you so much PASTMYBEST for all your help! Both of my arms are up in joy!
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PASTMYBEST
post Sun, 10 Nov 2019 - 11:07
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QUOTE (Mana @ Sun, 10 Nov 2019 - 01:24) *
Got an e-mail today and I got news.... *drumroll*

The appeal has been allowed! I no longer have to pay Harrow Council money!

Thank you so much PASTMYBEST for all your help! Both of my arms are up in joy!



Won on the s36 argument,

219043298A Andrew Harman


The contravention alleged on the PCN is that this vehicle 'Used a route restricted to certain vehicles buses, cycles and taxis only'. The appellant submits however that the contravention is correctly stated as being of the council's S.36 sign conveying the restriction rather than of the restriction itself as set out in the Traffic Management Order she citing previous decisions of the adjudicator in support. The council does not appear to make any submissions in response to the point raised. I am satisfied having considered the matter my noting the review decision of the adjudicator under case reference 2170323030 as relied upon by the appellant that she is correct. I accordingly find that the contravention as stated on the PCN did not occur. Given my determination on that point I need make no further findings in this case. The appeal is allowed.

This post has been edited by PASTMYBEST: Sun, 10 Nov 2019 - 11:26


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Kizr420
post Mon, 11 Nov 2019 - 11:49
Post #35


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QUOTE (PASTMYBEST @ Sun, 10 Nov 2019 - 11:07) *
QUOTE (Mana @ Sun, 10 Nov 2019 - 01:24) *
Got an e-mail today and I got news.... *drumroll*

The appeal has been allowed! I no longer have to pay Harrow Council money!

Thank you so much PASTMYBEST for all your help! Both of my arms are up in joy!



Won on the s36 argument,

219043298A Andrew Harman


The contravention alleged on the PCN is that this vehicle 'Used a route restricted to certain vehicles buses, cycles and taxis only'. The appellant submits however that the contravention is correctly stated as being of the council's S.36 sign conveying the restriction rather than of the restriction itself as set out in the Traffic Management Order she citing previous decisions of the adjudicator in support. The council does not appear to make any submissions in response to the point raised. I am satisfied having considered the matter my noting the review decision of the adjudicator under case reference 2170323030 as relied upon by the appellant that she is correct. I accordingly find that the contravention as stated on the PCN did not occur. Given my determination on that point I need make no further findings in this case. The appeal is allowed.



If you dont mind could you look at mine. Link below

http://forums.pepipoo.com/index.php?showto...=camrose+avenue
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Kizr420
post Mon, 11 Nov 2019 - 12:48
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Can I use the same appeal?
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