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FelixR

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  1. Hey green_and_mean, As today is the last day I can pay the reduced amount the council re-offered I just wanted to make sure I understand what it is I am appealing to the Tribunals service for. I have attached a PDF of the Rejection Letter of my Representations to the NTO from the council. I just wanted to be clear about which bits you mention exactly would be relevant for me to argue on. Appreciate your help! Sorry, I was replying to this post above, for some reason the quote didn't come up and I can't edit my previous response. Rejection of NTO Reps.pdf
  2. Hi all, Thanks for all the responses. I'm a bit confused now. It seems Spaceman69 is saying that "Procedural Impropriety" is not something I can use as grounds of appeal . ericsbrother - I'm not sure I understand the process then if I have been arguing with the wrong people. My understanding is that if you get a PCN you can challenge it, if it's rejected you then get an NTO, which you can challenge with representations. Once your representations are rejected only then can you go to the Tribunals service. Is that incorrect? This is the route I followed as per what was advised and provided in the literature from the Council. As they have re-offered the reduced fee with the rejection letter, my understanding is that I cannot appeal on the grounds of "Penalty exceeds the amount that applies in the circumstance" as they have provided the correct amount again? Thank you!
  3. it looks like they've covered all those points, only some of the semantics are different (from instead of beginning). Am I correct in assuming I wouldn't be appealing the NTO anymore, which had the incorrect fine amount stated, now that they have re-offered the original reduced amount?
  4. Hi green_and_mean, Yes, after all the bits about the Parking Adjudicator, on the back of the letter it says:
  5. Hi ericsbrother, sorry for the confusion! The complete exchange so far is as follows: Original PCN issued on 30/10/2017 09:12 Challenge to PCN submitted online with confirmation received via E-Mail on 10/11/2017 03:37 Letter from council saying they won't cancel the PCN is dated 08/12/2017 (think we received it on 12/12) NTO Letter is dated 19/12/2017 Challenge to NTO with representations sent on 16/01/18 (this was the form included with the NTO) Notice of Rejection of Representations is dated 18/01/2018 (think we received it on 19/01/18). So the next step I understand is to appeal via the London Tribunals system, but reading the information if I am claiming grounds of "Other Compelling Reasons", then it's not enforceable by the independent adjudicator anyway. And given that Harrow Council already decided to reject my initial representation, I just don't see an adjudicator's 'suggestions' making them change the council's mind. Hi green_and_mean, of course:
  6. Michael Browne, ericsbrother & green_and_mean, thank you for your responses. Taking your advice I submitted my Representations against the NTO under the clauses: a) Procedural impropriety by the council b) The penalty exceeds the amount that applies in the circumstance. I included the original representations (as you suggested green_and_mean) I wrote in challenging the PCN under the clause: Other compelling reasons. I received the quickest turn-around I have ever had from the council, they must have written a response the very same day they read my representations. they rejected my representations and wrote the following: "A Penalty Charge Notice that has not been fully paid progresses through a series of stages and increasing charges. Although your case has progressed to an increased charge, we have reduced the charge for a limited period to the amount shown below." The first option is the reduced £55 if paid within 14 days. (No apology or reason as to why they made a mistake in not offering the reduced rate as per their own rules). Going by what you say Michael Browne, if it were you, to take it to Appeal, reading the information on the letter with the Notice of Appeal Form the council included, you can only have the charge cancelled on the standard grounds, this excludes the Other Compelling Reasons option. If the Adjudicator finds in my favour based on the Other Compelling Reasons they can only recommend to the council that my PCN be cancelled, but they cannot direct them to, which means Harrow Council can do what they please anyway - Do I understand this correctly? While my NTO representations fell under the standard grounds, my original PCN representation was under "Other compelling reasons". I guess what I am asking is now that the council have re-offered the reduced charge, would I be appealing based on the representations I made against the NTO, or the original PCN? Many thanks!
  7. Hi green_and_mean, Happy New Year to you! Thank you for the reply and advice, it seems there is consensus that I should challenge the NTO with the "higher than allowed amount" option. When you say to state the original grounds, what benefit is there to this? Or is it just as a matter of cataloguing what went before? Thank you!
  8. Happy New Year Michael Browne! Thank you for the response and apologies for the late follow up. From your message it sounds like you're saying that if the Council do re-offer the discount, I could choose to go to Adjudication anyway and if they rule in my favour the entire fine would be cancelled? Have I understood that correctly? If so, are there any past cases that show adjudication going in favour of the citizen over the Council or is it far likelier to go in the Council's favour. I'd obviously rather pay the discount if there's only a slim chance of winning at adjudication. Are there costs involved in going the adjudication route, or do you have to attend any special meetings/court visits?
  9. Hi Michael Browne & ericsbrother, thanks for your super fast responses. To answer the questions: Original PCN issued on 30/10/2017 09:12 Challenge submitted online with confirmation received via E-Mail on 10/11/2017 03:37 Letter from council saying they won't cancel the PCN is dated 08/12/2017 (think we received it on 12/12) NTO Letter is dated 19/12/2017 Original contravention: 40 Parking in Disabled space without displaying a blue badge. Grounds for challenge: Other compelling reasons option 14 days from the date of their response to my challenge would be tomorrow - 22/12/2017 I appreciate your help so far.
  10. Hi all, I received a PCN from Harrow Council over a month ago. I challenged the PCN within 14 days (the period that you can pay a 50% reduced amount for early payment) using their online system. I received a letter about a month after my submission stating they had considered my submission but were still going to enforce the ticket. However, the letter states that I now have to pay the full amount as it is after the 14 day reduced period. R Today I received a Notice to Owner stating that I would need to pay the full amount. The PCN itself and the Harrow Council website both state that if a challenge is received within the 14 day period but rejected, you will have 14 days from the date of the rejection to pay the reduced amount. Why am I being asked to pay the full amount? You can only contact them via E-Mail and Letter. I sent an E-Mail on the day I received the initial rejection, but the automated response says they have up to 56 days to respond. What do I do now? (This is my first ever parking ticket). All advice greatly appreciated.
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