Good News, finally. They sent a reply (almost on the last day) 'Accepting my Representation' saying that the "Penalty Charge has been Cancelled due to an Error by the CEO". Thanks a lot to all the Members who helped. So, the moral of this story seems to be 'Make it as difficult for them as possible by showing as many Clauses and asking as many Questions as you can so that they have to spend ages to justify a Rejection'.

I rang and spoke to them on the 23rd July again and was told that it is still in the Queue and they have 56 days to respond. I also sent them an email and got this standard reply : The Parking Appeals Team will reply to your representation within 56 days from the date of receipt of your request. In order for us to progress your representation effectively please ensure you have provided the following details: Penalty Charge Notice (PCN) number Vehicle Registration Mark (VRM) details If you have omitted any of the details above from your original email, please email them to us as soon as possible. Please note that your representation is now on hold until a decision has been made and you receive notification of the outcome. If you are making representation in response to the Notice to Owner, if your representation is successful, a Notice of Acceptance will be issued and the Penalty Charge cancelled. If your Representation is unsuccessful, whether made within the period of 28 days from service of this notice or outside that period and the Representations are disregarded, a Notice of Rejection will be issued and you must either pay the Penalty Charge Notice in full or appeal to an Adjudicator, who will independently consider your appeal. If you are making representation in response to the Charge Certificate, this will be considered but you have lost your right to make any further appeals to an independent Adjudicator. You must wait for the Order for Recovery (TE3) to make any further representations. Further information is available on Slough Borough Council’s website www.slough.gov.uk Data Protection Statement Slough Borough Council will use information including, personal information, collected through the issuing of this Penalty Charge Notice for the enforcement of traffic contraventions and it may also be used for compatible purposes. The information may be disclosed to other Councils, other enforcement agencies and third parties where it is necessary and lawful to do so e.g. for the prevention and detection of crime. All information will be processed in accordance with the Data Protection Act 1998. On behalf of: Slough Borough Council – Parking Section’

Thanks. I called them on 28th June. So, I'll probably call them towards the middle of next week to make sure that it hasn't gone missing in the post.

Thanks Jamberson for the detailed reply. As suggested, I would definitely apply and attend it personally. So, if there's only 1 chair for me, I guess my wife can't accompany me. Now, I am not sure which driver they claim to have handed over the PCN. However, since the NtO is addressed to me (being the Registered Owner), I can represent the hearing irrespective of who they claim to have handed over the PCN - isn't it ? Also, I now remember the Council Rep saying that they have 56 days to respond to my Appeal.

Thanks Jamberson. Well, I did call them earlier to confirm if they received my Appeal. They confirmed that they received it on the 4th June and were looking at it. I also asked how was the PCN Served as per the Notes. They didn't want to divulge any information. After repeated asking, I was told that 'it was handed over to the Driver'. If they don't respond within 8 weeks, doesn't it default to an Acceptance anyway ? So, is there any point chasing them ? My only concern is that we'll be on a Holiday for about 2 weeks middle of August. I do want to pursue it all the way (on principle). How long after I appeal to the Adjudicator will the hearing be approximately ? Or is it one or the other - either Appeal by Post or Appeal in Person ? Any idea where could the hearing be ? Regards

It's almost 5 weeks since my Appeal and I'll probably get a Rejection letter soon. Do I only have 4 weeks from the date of Rejection to appeal to an Adjudicator ? I assume this has to be in writing. Also, does it make a difference if one appears in person at the time of Adjudication ? Thanks and Regards

I have drafted the following taking phrases & paragraphs from various other posts in the Forum. I am not sure if I should include the 1st and the 3rd Ground (which I showed in Grey Colour and in Italics). Could you kindly check and suggest please. Also, should I send this by Recorded Delivery or a simple Certificate of Posting from Post Office is enough. Another point is that they didn't include any photo showing the restrictions / taxi rank. Shouldn't they ? I wish to formally appeal against penalty charge notice XXXXXXXX for the Vehicle with Registration No XXXXXXX on the following grounds : The alleged contravention did not occur ; There has been a procedural impropriety on behalf of the authority ; and In a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented (this has not even been included on my Form) On 15/04/2013, my wife came to pick me up at Church Street, Slough. On spotting me waiting at the Junction of the High Street and the Church Street, she stopped at the nearest sensible spot with marked bays, which now we realize to be a Taxi Rank. As I started walking towards the car, she left the Driver Seat and walked around towards the Passenger Side. The Car Engine was always running and our young Son was seated in his Car Seat at the back. My wife was always near the car and can be seen in the 1st picture (taken at 19:55). She then spotted two Civil Enforcement Officers and told that we are not stopping and going immediately. The CEO said "OK, you can go". So, I drove off immediately. Just as I was driving off, the CEO took a close up picture of the Tax Disc (again at 19:55). The CEOs neither handed over any PCN to any of us, nor asked us to wait. No PCN was sent by Post either. The reason for that is that they didn't even start to issue the PCN when I drove off. Now, I directly received a 'Notice to Owner' dated 29/05/2013, thereby giving me NO opportunity to either make an Informal Appeal, take advantage of the Reduced Payment Period, avoid having to make a Formal Representation or Appeal to an Independent Adjudicator. The Secretary of State’s guidance (88) instructs that a council should have regard to the following : “It is likely that an enforcement authority will receive informal challenges against PCNs before they issue the NTO. They are likely to receive these within the 14 day discount period. Enforcement Authorities should give proper consideration and respond to these challenges with care and attention, and in a timely manner in order to foster good customer relations, reduce the number of NTOs sent and the number of Formal Representations to be considered”. By denying my Right to Informal Appeals and directing that I must either pay the Double Charge or make a Formal Representation, the Enforcement Authority is in Contravention of the Regulations, which is vital to avoid unnecessary Appeals and the wastage of Time and Costs that would be incurred by all the parties including the Adjudicator. Furthermore, the following Guidance (8.77) to the Local Authorities clearly states that : A PCN may not be served by post if the motorist returns to the vehicle before the CEO has started to issue it. A CEO has not started to issue a PCN if s/he is observing a vehicle or jotting down some details. It is only when the CEO starts to create the PCN and would otherwise have to cancel it that they have started to issue it. If the driver returns before the CEO has started to issue the ticket, the CEO should establish whether the vehicle is parked in contravention (for example, if drop off or pick up is taking place). If the vehicle is in contravention, the CEO should ask the driver to comply with the restrictions. If a driver is with the vehicle best practice is to ask him to comply before issuing a PCN, if the driver is in the vehicle he/she may have been picking up or dropping off a passenger so starting to issue a PCN without even speaking to the driver is totally wrong. These sort of unreasonable and deliberate acts by the CEOs cause such a lack of trust and bad reputation for the Councils. So, I would demand to see the Print-Out of the PCN History with the Time Stamps of when the PCN was started and also demand to see the evidence that the PCN was ever Served either by pasting it on the Vehicle, handing it over to the Owner or the Person in Charge of the Vehicle or sent by Post and also the evidence that the Civil Enforcement Officer has recorded that we refused to comply and recorded the Contravention happening for a reasonable length of time before issuing a PCN. Also, under the 'Freedom of Information Act', I would demand that you provide me with all the statistics regarding how many such Informal or Formal Appeals were made by the people in the past few years Contesting that no PCN was ever Served to them before issuing the NTO. So, in view of the above, I believe that there has been a Procedural Impropriety on behalf of the Authority and demand that the PCN be cancelled. Should my Formal Representation be rejected I will have no other alternative but to pursue this matter to Independent Adjudication where I will be making a request for costs as well on the grounds that the Enforcement Authority has acted indifferently and wholly unreasonably in not following the proper Procedures and Guidance's.

Sorry Jamberson, I didn't see your post before posting my last update. I shall draft an Appeal and post it here for everyone to check and correct / suggest.

So, should I ask when and how was the PCN Served - to see what they come up with (rather than mentioning at this stage that the CEOs neither handed over any PCN to any of us, nor asked us to wait) ? Can I then mention this later on once they have replied ? Or shall I mention everything at the onset ? Which will help my case ?

Interesting point raised by Michael (ommission of clause h) : Representations against notice to owner This section has no associated Explanatory Memorandum 4.—(1) The recipient may make representations against a notice to owner to the enforcement authority which served the notice on him. (2) Any representations under this regulation must— (a)be made in such form as may be specified by the enforcement authority; (b)be to either or both of the following effects— (i)that, in relation to the alleged contravention on account of which the notice to owner was served, one or more of the grounds specified in paragraph (4) applies; or (ii)that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should cancel the penalty charge and refund any sum paid to it on account of the penalty charge. (3) In determining the form for making representations, an enforcement authority which is a London authority must act through the joint committee through which, in accordance with regulation 15 of the General Regulations, it exercises its functions relating to adjudicators. (4) The grounds referred to in paragraph (2)(b)(i) are— (h)in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented; Does this vary depending on Council or circumstances - I thought the Grounds for Representations under the Traffic Management Act 2004 were same for all ?

Thanks Jamberson. Yes it was actually a Taxi Bay. We didn't check at that time. But I would have thought that stopping in a Taxi Bay for a minute to pick someone up would be allowed, but it appears that it's not the case.

Thanks again Michael. However, in my Representations Form, "The civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle" option is not present at all. I am drafting a reply and would post it here for cross check.

Thanks again Michael. However, in my Representations Form, "The civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle" option is not present at all. I am drafting a reply and would post it here for cross check.

In the Appeal, should I ask for the Notes of the CEO and the PCN Details which they never sent ? Or should I ask for these separately ? Also, under section one: Grounds for Representations, should I tick 'There has been a procedural impropriety on behalf of the authority' ?

Well, if they never sent a PCN, shouldn't I still have the chance to pay the Reduced Fee ? Also, don't they have to provide some kind of proof that they actually issued / posted the PCN (proof of Posting) or can they simply claim that they have done it ?

Thanks. In that case, is it worth appealing and is there a realistic chance of winning ? Or should I simply pay the £35 ? Should I ask for the Notes of the CEO and the PCN Details which they never sent ?

Thanks Michael. Does that mean that in a Taxi Rank, a PCN can be issued immediately ?

Also found this : Guidance to local authorities 8.77 A pcn may not be served by post if the motorist returns to the vehicle before the CEO has started to issue it. A CEO has not started to issue a PCN if s/he is observing a vehicle or jotting down some details. It is only when the CEO starts to create the PCN and would otherwise have to cancel it that they have started to issue it. If the driver returns before the CEO has started to issue the ticket, the CEO should establish whether the vehicle is parked in contravention (for example, if loading or unloading is taking place). If the vehicle is in contravention, the CEO should ask the driver to comply with the restrictions. If a driver is with the vehicle best practice is to ask him to comply before issuing a PCN, if the driver is in the vehicle he/she may have been picking up or dropping off a passenger so starting to issue a PCN without even speaking to the driver is totally wrong. And the PCN actually told that 'we can go'

I found this - can this be appealed against, as no PCN was ever served : PCN served improperly (MW 625) The appellant returned to his vehicle as the PCN was being issued, got into the car and prepared to drive away. The Parking Attendant grabbed the PCN from her colleague and threw it through the open window, where it hit the appellant in the face before falling to the ground outside the car. The appellant appealed on the ground that the PCN had not been properly served. The Adjudicator found that section 66 (1) of the Road Traffic Act 1991 - requiring an attendant to "give" the PCN to the driver, as opposed to throwing it - had not been complied with. The appeal was allowed.

Hi all, As suspected, I just received the NTO today by Post without the PCN. It says the PCN has not been Paid. Here are the details : On 15/04/2013 a PCN was Issued by CEO SB204 who had reason to believe the following alleged contravention had occured 45 Parked on a taxi rank Location of Contravention: Church Street, Slough Time: 19:54 Amount: £70 (to be increased to £105 if no Representations made to the Council within the time allowed) What are my options and what do you suggest please.

Thanks a lot Jamberson. I shall update either way.

Well, thought of putting an update on this. We haven't received any PCN by post yet, so probably it won't come as it's 3 weeks now. Now, this could be good news. But, equally, it could be bad news as we could still receive a NTO directly in a couple of months time. Is there a time limit for the issuance of NTO ?

Thanks a lot. The reason for my concern is that he started something on his mobile device - could well be the issuance of the PCN. Anyway, shall keep posted. Best Regards

Hi Forumites, I am looking for suggestions from you all. Our car stopped on a Loading Bay (probably with restrictions) for less than a minute. Immediately my wife saw 2 Traffic Wardens and said I’m going and the Warden said ‘OK you can go’. We moved away immediately. They neither handed over any PCN to any of us, nor attached it to the car, nor did they ask us to wait. However, they still noted the Tax Disc details and might have taken a photograph or two. Now, what I am worrying is that they might send a PCN by post. Or even worse, since they don’t have any photographic evidence, they can directly send a NTO a couple of months later claiming that the PCN was Served in hand or Sent by Post (as many other Forumites have experienced). So, I am looking for advice on what do I need to prepare for and what documents do I need to gather (like some said a RTO or something). My point is how can a CEO observe a contravention in 1 minute and doesn’t the Restricted Loading Bays allow for drop-off and pick up ?