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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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stamfordman
post Mon, 21 Jan 2019 - 18:02
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QUOTE (Neil B @ Mon, 21 Jan 2019 - 17:53) *
QUOTE (stamfordman @ Mon, 21 Jan 2019 - 17:39) *
I'm not sure what the adjudicator then does - I presume either asks Ealing to go back to the PCN stage or to cancel.

Post #9


So adjudicator will ask Ealing what happened to your appeals...

This could take a while but we recommend that you also contact the traffic enforcement centre in a few weeks to ensure the orders for recovery don't go astray.
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Guest_Newname_*
post Mon, 21 Jan 2019 - 18:35
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Fao cp8759


As charge certificates have been sent it seems there isn't an appeals process in place.



Fao Neil
Just trying to clarify
No response to appeals sent. Charge certificates have now been sent. Ealing Council might claim they sent responses to the appeals whether we received them or not and I'm still trying to determine where we stand with this

This post has been edited by Newname: Mon, 21 Jan 2019 - 18:45
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cp8759
post Mon, 21 Jan 2019 - 18:47
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QUOTE (Newname @ Mon, 21 Jan 2019 - 18:35) *
Fao cp8759


As charge certificates have been sent it seems there isn't an appeals process in place.

Kinda. You can't challenge a charge certificate, but the next step is an Order for Recovery. You can challenge an order for recovery on very limited grounds, one of those grounds is that you made representations to the enforcement authority but never received a reply. At that point both the Order for Recovery and the charge certificate will be cancelled, providing you don't miss the deadlines.


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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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Guest_Newname_*
post Mon, 21 Jan 2019 - 18:49
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OK

Thanks for clarification. cp8759
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Guest_Newname_*
post Tue, 22 Jan 2019 - 13:08
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Thanks for all the information and help so far

As Ealing Council seemingly didn't respond to appeals and sent charge certificates, couldn't they then skip to Bailiffs next?

Don't trust the system and processes being honoured
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stamfordman
post Tue, 22 Jan 2019 - 13:18
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Please don't start new threads for existing cases.... This really doesn't help you or us.
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cp8759
post Tue, 22 Jan 2019 - 13:25
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QUOTE (Newname @ Tue, 22 Jan 2019 - 13:08) *
Thanks for all the information and help so far

As Ealing Council seemingly didn't respond to appeals and sent charge certificates, couldn't they then skip to Bailiffs next?

Don't trust the system and processes being honoured

Nobody (not even the council) can send bailiffs without going through the County Court first (as technically the bailiffs are officers of the court). I've asked a mod to merge your threads, please don't start new ones for the same case.


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Guest_Newname_*
post Tue, 22 Jan 2019 - 13:26
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Apologies!!

How can I delete this thread?

Will then post on correct thread

Fao cp8759

Thank you and also apologies

This post has been edited by Newname: Tue, 22 Jan 2019 - 13:28
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cp8759
post Tue, 22 Jan 2019 - 13:28
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QUOTE (Newname @ Tue, 22 Jan 2019 - 13:26) *
Apologies!!

How can I delete this thread?

Will then post on correct thread

You can't delete it, but someone will merge them together.


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Pepitas
post Tue, 22 Jan 2019 - 14:55
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Useful information

This post has been edited by Pepitas: Tue, 22 Jan 2019 - 15:09
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Fredd
post Tue, 22 Jan 2019 - 15:10
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QUOTE (Pepitas @ Tue, 22 Jan 2019 - 14:55) *
Merged threads but then my Newname account disappeared

What can I do about this?

Thanks for any advice

As I told you by email, your account has "disappeared" because you asked me to delete it, which I did!

All you can do about it is what you have done, register a replacement account. And don't ask me to delete it. smile.gif


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Pepitas
post Tue, 22 Jan 2019 - 15:21
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Thanks Fredd

I edited the above message after receiving your email but see that the original message remains
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Pepitas
post Wed, 23 Jan 2019 - 10:39
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I was Newname

Reading through some of these threads particularly Marco and widow it looks like some councils deliberately circumvent appeals processes racing to issue charge certificates and/or to the bailiffs. The TEC appears to have little jurisdiction over some councils

This is making me panic about the charges certificates we've received.

Am I misreading and or misunderstanding?
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stamfordman
post Wed, 23 Jan 2019 - 10:44
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 10:39) *
Reading through some of these threads particularly Marco and widow it looks like some councils deliberately circumvent appeals processes racing to issue charge certificates and/or to the bailiffs.

Am I misreading and or misunderstanding?



Most systems are automated although wording should say they may issue not will issue. That said, various notices are often issued in error but not deliberately.
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Pepitas
post Wed, 23 Jan 2019 - 10:46
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OK

Thanks Stamfordman
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Neil B
post Wed, 23 Jan 2019 - 11:37
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QUOTE (Pepitas @ Wed, 23 Jan 2019 - 10:39) *
Reading through some of these threads particularly Marco and widow it looks like some councils deliberately circumvent appeals processes racing to issue charge certificates and/or to the bailiffs.
Am I misreading and or misunderstanding?

On the face of what we know so far the Councils in each of those cases have done nothing wrong.
"Racing", no, the time periods for each stage are set in law.

Marcp:
Failed to receive notices, although he didn't, until this morning, twig that. As a result, he failed/could not act in time.
Most likely will turn out to be
a problem in the transfer of liability from the lease co. but we don't know yet.
The illegal removal by the bailiff is a separate issue.
Neither have any connection to premature escalation.

Widow:
Very simply, failed to file an appeal with ET&A on time and Barnet were fully entitled to serve a Charge Cert,
until we know otherwise from questions posed.
Again, nothing to do with premature escalation.


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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 - 11:47
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Thanks for clarifying Neil

In my case though seemingly didn't receive responses to appeals but was sent charge certificates. Appeals made on time and automatic responses mean they were received

Having posted here I've noted that all that can be done now is to pay Charge Certificates or tick didn't receive appeal responses box when TEC get in touch

But ps Eldred post, "counting the days"", council seemed to mislead re 28 days

This post has been edited by Pepitas: Wed, 23 Jan 2019 - 11:58
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hcandersen
post Wed, 23 Jan 2019 - 13:19
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OP, pl stop seeing Reds under every bed.

Given a choice between c**k-up and conspiracy, put your money on c**k-up.

And there's no point continuing to air your conspiracy theories here.

The CCs have latest dates for payment, what are they?

And when those days have passed you can contact the council and ask them when they'll issue OfRs.

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Pepitas
post Wed, 23 Jan 2019 - 13:33
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As councils get a ton of revenue from parking fines and the like it's not unreasonable to view some of them with suspicion. There does seem a point to air views here as there are very experienced and knowledgeable members who can either confirm or dismiss.

I posted here at this forum because I've been unable to contact the council concerned. 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. CCs were sent and delivered no problem though.

Many other drivers receiving PCNs for the same alleged offence appealed and won. The council were found at fault.

We have until 30th January to pay the CCs

This post has been edited by Pepitas: Wed, 23 Jan 2019 - 13:42
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hcandersen
post Wed, 23 Jan 2019 - 13:41
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You are the OP.

Posters, however knowledgable, cannot assist with conspiracy theories.

Many other drivers receiving PCNs for the same alleged offence appealed and won. The council were found at fault.

...is to do with contraventions, not procedure. You are still with procedure. I know you want to rehearse your argument regarding the contravention, but it's not the time.

And you contact the council by phone AND email, it's pointless making calls which aren't answered.

Your case is not unique, these things happen. The purpose of the witness statement procedure is to address what the original consultation regarding decriminalised parking referred to as a 'breakdown in communication'.

Keep it simple and you will not be disappointed.
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