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lou wren
Hello

I parked on a double yellow line. I was given a pcn by the local authority, I was going to pay as i was in the wrong but i was advised that as the lines were broken and did not end in a t-bar i should appeal. I did. after various letters i recieved a notice to owner letter asking what my grounds for appeal were. I replied stating the broad facts and stating why i was appealing and i wanted go to the adjudication hearing. Today i received a letter saying my appeal was not recieved and i had to pay £195. yet I had replied to the same address with 2 other letters. I wrote back asking for the surcharge to be removed and give me a hearing date, I was polite. what do i do next.
Gan
Sounds like what you've received is a charge certificate

Don't do anything for now

Wait for the Order for Recovery to arrive when you can return the witness statement form ticking the box that you made an appeal and had no reply

Broken yellow lines and a missing T-bar, by the way, won't usually be upheld nowadays at adjudication if it's obvious what the lines were
lou wren
ok. thanks
lou wren
Hello

The order of recovery was scrapped in November. I recieved a package on saturday 8th feb with all the correspondence between myself an the authority issuing the pcn. The pcn was for parking in a restricted street and not on the double yellow lines as i had originally thought. There were no signs at either entrance to the street in question. (I took a trip to the location and entered at the opposite end to which I originally entered.) There were no signs anywhere on street to say it was a restrictricted parking zone or anyway I could have purchased a ticket if I had known as there were no meters on the pavement or a number to call to purchase a ticket or a sign to say it had restrictions. As I am not a resident of the issuing authority this is surely fraudulent as anybody visiting that location would be ticketed unaware they were so called illegally parked. I Stated from my first correspondence that I wished to go to adjudication. I phoned PaTas the day I recieved the parcel to ask for my hearing date. They suggested I contact the issuing authority as They had no record of me. Any advice would be helpful as I am going to challenge the pcn as I was unaware of the restrictions.

Thanks for reading.
Thomas
Enceladus
Did you receive an Order For Recovery and submit a Witness Statement?

From the amount I guess this might be London?
Did you receive a letter from PATAS? If not, then the Traffic Penalty Tribunal? Please post up a scrubbed scan.

Code 01 'Parked in a restricted street during prescribed hours' is for contravening double or single yellow lines.
lou wren
Hello

Yep in london. No letter from PaTAS or THE PENALTY TRIBUNAL.

The package was from the pcn issuing authority. The pcn was an 01 code. The package contained all the streets that were restricted and when they came into force and no mention of the double yellow lines. the final paragraph reads as.

I enclose herewith a full copy of the evidence sent by the london borough of waltham forest to the parking and traffic appeals service (PaTAS) in connection with the above appeal, the adjudicator at PaTAS will advise you directly when a decision has been made.

This reads as if I will not get a face to face hearing. I sent photos to the issuing authority to back my appeal. They were clear. (there were 8).

Thomas
Enceladus
Please post up a scrubbed scan of the TEC letter of November 2014?

Please confirm the ground that you selected on the Witness Statement?

In the evidence that Waltham Forest sent to you there is a case summary document. Please post up all pages of it, scrubbed. Scrubbed = obscure your name & address, PCN number and vehicle reg. Please leave everything else visible. Especially all times, dates, locations and council info.

If WF are only now referring to PATAS then you might be able to argue unreasonable delay.
lou wren
Click to view attachment
Enceladus
Is that all the pages of the case summary?
Where's the scan of the TEC letter?
Please post up the WF (evidence pack) covering letter.
hcandersen
OP, forget the contravention, it can wait

When TEC accepted your WS they revoked the OfR and instructed the authority to cancel the charge cert. The authority were then empowered to submit the case to PATAS. On receipt, an adj would consider the issue and issue directions. It appears that in this case the adj has determined that the case should be heard as an appeal.

PATAS would have confirmed this in a letter to you. With instructions.
We must see this letter.
Please do not go on about the contravention, it's not relevant at this stage.
lou wren
hello
pages 2 and 3 of the summary
Enceladus
QUOTE (hcandersen @ Tue, 10 Feb 2015 - 20:17) *
OP, forget the contravention, it can wait

When TEC accepted your WS they revoked the OfR and instructed the authority to cancel the charge cert. The authority were then empowered to submit the case to PATAS. On receipt, an adj would consider the issue and issue directions. It appears that in this case the adj has determined that the case should be heard as an appeal.

PATAS would have confirmed this in a letter to you. With instructions.
We must see this letter.
Please do not go on about the contravention, it's not relevant at this stage.

The OP says he has had nothing from PATAS.
What we need to see is the TEC letter to confirm what has happened.
In conjunction with the Waltham Forest covering letter.
lou wren
hello

I do not understand any of this conversation.
What is TEC
what is WS
what is Ofr

I have had no contact with PaTAS.
Enceladus
QUOTE (lou wren @ Tue, 10 Feb 2015 - 01:56) *
The order of recovery was scrapped in November.


The case summary says.
05/11/14 Order for Recovery sent
19/12/14 Te5b received

A TE5B is a notification from the TEC to the Enforcement Authority "that a statutory declaration / witness statement has been filed". Apparently submitted late if the council's chronology is to be believed.

So did something else happen, in November? Please post up the TEC letter.

QUOTE (lou wren @ Tue, 10 Feb 2015 - 20:27) *
I do not understand any of this conversation.
What is TEC = Traffic Enforcement Centre at Northampton County Court
what is WS = Witness Statement that arrived with the OFR. (You apparently submitted one to the TEC)?
what is Ofr = Order For Recovery (of unpaid penalty charge)

I have had no contact with PaTAS.
hcandersen
Then contact them by phone.

The case was registered as an appeal on 9 Feb:

http://www.patasregistersofappeals.org.uk/...egAdvanced.aspx

I assume this is you?

We're beyond the Traffic Enforcement Centre now, we're at PATAS.

lou wren
Hello

Nothing else happened in november. There was no correspondence. I recieved a letter revoking the the recovery order from northampton county court in december. I contacted PaTAS on 9th. They had no knowledge of me. Do I contact them again to see if they have recieved anything from waltham forest. If They have what should i do next.
Enceladus
If the case was only registered yesterday with PATAS then the OP won't have had the letter yet. But it will arrive shortly.
If as the OP has implied his Witness Statement was submitted and accepted in November then Waltham Forest have some explaining to do.

@lou wren
Very likely the adjudicator will direct that the case be heard as an appeal. The adjudicator will likely ask you for a copy of the representations that were originally submitted. You can also request a hearing in person. You can also submit an updated case.

Can we please try and establish the facts first.
hcandersen
OP, I gave you the PATAS link and asked is this you?

Well, is it?

If so, the matter has been registered as an appeal, fact. Whether you've been notified is secondary and could be due to issues of timing e.g. post.

But if this is you and your PCN, can we please move on. Contact PATAS and tell them you not yet received instructions as to what you should do.
lou wren
thanks to everyone who gave advice. I will let you know what happens next.
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