Thread: Responses to representations under the TMA 2004

I have a letter from an LA in response to representations stating:
"A Notice to Owner was sent to the registered keeper advising that payment or formal representation should be made within 28 days.
..... the City Council is now unable to consider a challenge or transfer liability at this stage" (my emphasis).

However, I discover in the TMA 2004:
11.24 Authorities must consider representations made on any grounds.
Representations must be made within 28 days of service of the NtO.
Authorities have the discretion to accept late representations and we
encourage them to use this discretion when a vehicle owner gives a
valid reason for the delay and has strong grounds for representations.
(again my emphasis).

The use of the word 'must' does get my goat. Evidently this is not the case. The LA themselves has used the word 'should', perhaps more correctly than the Act. Of course there is also the argument about assumed service and actual service.

Has the City Council done wrong by saying they 'cannot', when they can, and indeed should under certain circumstances, that I believe I fall into ?

So if they are outside 28 days, are they no longer 'formal reps'? Requiring a 'formal rejection'? It doesn't say anything about that in the act.
I don't know about outsourcing, would like to - it's Westminster.

Don't be cryptic, I'm exhausted!

I don't understand. On the one hand it says that the recipient must respond within 28 days, on the other hand it says that they must consider all representations whenever they are made.
So where does that leave me?
I'm looking at Formal Representations Page 22, 90 - 99.
What do you mean by "and leads to the Statutory Instruments"
I've googled on this whole issue till my eyes hurt. Seriously.

Thanks for that, the opsi site was playing up rotten last time I went there, but seems to be behaving today.
The relevant bit (for me) has no superscript, as far as I can work out it's a bit up in the air.
From the Statutory Instruments:

"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."
(which would also depend on the definition of 'served', and 'may' is not 'must')
But from the Statutory Guidance:

"Authorities have the discretion to accept late representations, and we encourage them to use this discretion when a vehicle owner gives a valid reason for the delay and has strong grounds for representations."

And no clarity at to whether a late representation should be treated as a formal representaion (with a formal rejection) or not.

I can't help thinnking that it's designed to be obscure, maybe it's just that it's obscure in the practice of real life as opposed to sitting at a desk writing stuff expecting it to deal with real life.

And it feel like someone can pop up and say 'subsection 11 22(ii)b 3c *6s^**%^&()@("*&$*' means computer says no. Ignorance of the law is no excuse?????