Help - Search - Members - Calendar
Full Version: Charge certificate Validity
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Ticket ripper
Vehicle parked on road on single yellow line at 8.22 pm (London Borough of Brent) in what turned out to be a CPZ.
PCN issued 14/08/07 appears to be correctly worded.

NTO issued 17/09/07



wording of "If neither payment nor representations have been received within 28 days of the service of this "Notice to Owner"....." whilst not exactly as prescribed in RTA 1991 seems to meet requirements, unless anybody knows better?


Representations made 13/10/07 rejected! (I hadn't found this forum then, otherwise I would have won based on inadequate signage, lines not compliant etc)


Notice of rejection dated 05/12/07 - foolishly I did nothing and a charge certificate issued 08/01/08. Obviously I am too late to make proper representations and the adjudicators are unlikely to allow an appeal after such a long time.



Warning re failure to pay states "within 14 days of date of this notice" rather than date of service so would appear to make charge certificate invalid. My question is what do I do to nullify or revoke this apparently invalid charge certificate? If I go to the court and get it set aside do Brent issue a new NTO (which I would be confident of winning this time round) or does it just stop there? Grateful for any opinions, previous case references etc.

First post so apologies if I have erred in any Forum etiquette I did read all the instructions honest rolleyes.gif

Alexis
QUOTE
Late appeals

PATAS will only accept a late appeal received after 28 days if the Adjudicator decides to allow more time.

A Notice of Appeal sent after 28 days should include an explanation of why it has been sent late.


It could be worth giving them a call and asking.
Teufel
you can make a statutory declaration that you did not recieve the nto
(only a purported nto)

goes to new nto than you can appeal

it is possible that the council will claim yr stat dec invalid as the nto
is 'valid until struck down by a competent authority' but by then you will be at patas
ftc001
Incidently, It is not a notice, it is a certificate, problem for TEC, is that they ringfence the grounds for statutory declaration thus preventing you from bringing to the Courts attention documentation errors such as this.
Ticket ripper
QUOTE (ftc001 @ Sat, 17 May 2008 - 00:59) *
Incidently, It is not a notice, it is a certificate, problem for TEC, is that they ringfence the grounds for statutory declaration thus preventing you from bringing to the Courts attention documentation errors such as this.


Thx for replies all. Pardon my ignorance - ftc001 could you let me know what "TEC" is abbreviation for? (i did check the acronyms section 1st biggrin.gif !)
Glacier2
Traffic Enforcement Centre.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.