Showing results for tags 'premature charge cert'.
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The Authority issued the Notice to Owner (NtO)and a representation (ie appeal) was sent. Council ignored (though later acknowledged receipt). During the 28 day "appeal" period the Authority issued the Charge Certificate. Although this is clearly void by virtue of the Council having no authority to issue until the 29th day after service of NtO it still means there is no appeal to the Adjudicator, since the Authority did not issue the necessary Notice of Rejection required to access the Adjudicator. This raises the point that by its actions the Authority has denied access to an "independent and impartial tribunal established by law" required by the Human Rights Act 1988. The Authority has since cancelled the Penalty Charge Notice that began the process. My question is: Does the motorist have a County Court/Magistrate remedy for the Council's improper action in denying access above - or is that cancelled by the waiving of the PCN?
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