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Made an appeal. Heard nothing. Then got £195 charge certificate, London Borough Hounslow
Kamyad
post Fri, 30 Nov 2018 - 16:36
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So made an appeal AGES ago. Then received a notice dated 26/11/2018 with a charge notice for £195:00 !!!
.
This some sort of joke?
They didn't even send (that I have received) a rejection of my representation.
I was about to send this. But thought it best to consult the experts here first.

Is there anyway to get them to go back a few steps ?

I hope you can advise accordingly.

Please see attached image.
Thank you. K

"I previously made an appeal against this alleged contravention.

Why hasn't there been ANY communication from you acknowledging my appeal?

Why am I being issued with a charge certificate when I haven't received a rejection of representation?

I compiled with your appeal process and this charge certificate is the first I'm hearing from you.

This is all highly erroneous!"




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post Fri, 30 Nov 2018 - 16:36
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stamfordman
post Fri, 30 Nov 2018 - 16:54
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So you got a PCN for, I expect, driving on the wrong side of the island in Lionel Rd North.*

How did you appeal and did you receive a receipt of appeal if online?

Regardless, you now need to wait for the debt recovery process, and then you can can get it reset by declaring you appealed but got no reply.

Process:

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

* If it is this it probably wasn't worth appealing.
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PASTMYBEST
post Fri, 30 Nov 2018 - 17:18
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Ages ago doesn't help.

You recieved a PCN dated, when?

You appealed on what date?


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cp8759
post Fri, 30 Nov 2018 - 19:54
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If the Notice of Rejection was never received (either cos they didn't send it or cos it was lost in the post), there is a process to reset things, but you need to give us all the dates.


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Kamyad
post Thu, 13 Dec 2018 - 14:55
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Pardon the late reply guys.
I hope I can still call upon your expertise.
.
The date of the contravention was 14th July.
I made my appeal on the 31st Aug.
.
Didn't hear anything back until sent the charge certificate.
.
I have checked online at Hounslow.gov.uk under the PCN and there are no more images of the contravention.
.
On the day. There was a music festival and the road was blocked off. I was granted access as I was making an urgent medical call. I was directed to go around an oil spill by a marshal manning the gate access to the road which required me to travel down the "wrong" side of the road momentarily.
.
Please advise!!! 🤞


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stamfordman
post Thu, 13 Dec 2018 - 14:59
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What is the date of the PCN (when issued, not the contravention). That's vital.

Oh I see it was 26 July - this means you were late with the appeal. You'd better post the PCN.

This post has been edited by stamfordman: Thu, 13 Dec 2018 - 15:04
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PASTMYBEST
post Thu, 13 Dec 2018 - 15:59
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Duty of enforcement authority to which representations are made

5.—(1) The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.



You made your representation outside the allotted time, it has been disregarded, so a CC was served I cannot see how you could make a witness statement


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hcandersen
post Thu, 13 Dec 2018 - 17:29
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Hold fire.

The evidence, in this case the CC, states that no representations were received. IMO, this cannot stand if they did, but disregarded. There is no prescribed template for a CC and no reason in fairness and transparency that the reason for it being issued should not be clear. If de facto neither of the first two grounds applies, then the doc is invalid.
'No representation was made' is not the same as whether representations were received.

OP, you are careless in the extreme. Let's not dance around this. You make reps late and then post a CC after the time for payment has lapsed.

If you cannot post docs and take action in a timely manner, then pay the penalty demanded.

Alternatively, contact the authority by email NOW and follow up with a phone call tomorrow? Don't ask them whether they disregarded, just whether they received..on or around ***August, by *****(method).

If they didn't, then IMO you can submit a SD. They cannot have disregarded, neither can you assume that they would have, if the reps were not received. If they say they didn't, then follow up your call with a confirming email. But not before you come back here with the answer.
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Kamyad
post Thu, 13 Dec 2018 - 17:36
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This is all quite frustrating. I mentioned in my representation that I work out if town for months at a time and didn't receive the charge until arriving back. Do I really have to cough up £200???
.
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hcandersen
post Thu, 13 Dec 2018 - 17:46
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Pl do what's asked otherwise ultimately enforcement agents will be at your door.

If you want to discuss the merits and fairness of the enforcement process, this is not the forum, there are other places.

However, if you want advice on your best chances on not having to pay being guided by people who know how to work within the process, then stay on the line.
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