PCN revoked by TEC-Does council appeal ahve to go via judge?

[dbcc33]

have just had my pcn revoked by TEC but found out that the council have 14 days to appeal and if they win bailiff action could resume. does this appeal go through the judge or just an officer of the court like the original stat dec?

[Jamberson]

Can you be more precise about what's happened?

 

TEC cannot revoke PCNs. I would guess that you filed a statutory declaration or witness statement and that this has been accepted by TEC? Is that correct?

[dbcc33]

Sorry I meant i ahd my WARRANT revoked by the TEC as the council didnt respond within 19 working days

[dbcc33]

but i understand they can still appeal and its happened before that the TEC have accepted due to an error in processing---i was wondering if a court officer or a judge decides the outcome of the appeal

[dbcc33]

given that if I had been rejected i would have had to pay £75 to take it to court to appeal--i was wondering if the councils have to do this too? or if like everything about parking legislation seems to be...there's a different rule for them!

[green_and_mean]

or if like everything about parking legislation seems to be...there's a different rule for them!

 

what you mean like it costs the Council £40 to got to PATAS but it costs you nothing?

[dbcc33]

no like councils dont have to pay for recorded post to prove receipt coz its too expensive but individuals are expected to do this to prove any letters sent!

and how councils receive info from the TEC by email but individuals receive information by post--how about those for starters?

[green_and_mean]

no like councils dont have to pay for recorded post to prove receipt coz its too expensive but individuals are expected to do this to prove any letters sent!

and how councils receive info from the TEC by email but individuals receive information by post--how about those for starters?

 

I am not aware of any law or judgement that states recorded delivery must be used, please enlighten me? How about Councils routinely get charged costs at adjudication but appeallants rarely ever do regardless of how pointless their appeal?

[Jamberson]

How did you find out that the council can appeal the revocation order? I have not heard of this before. Are you sure this info is correct - you aren't talking about them referring the matter to adjudication, for example?

 

From the council's point of view, the revocation only costs them the incremental charges - 50 percent of the PCN plus £5. I think it unlikely they would bother appealing for such a relatively small sum, even if they have a right to. I am not aware of this happening.

[dbcc33]

have seen it on tomtubby's posts here and also heard it from another fairly reliable source--which may or may not be the same person-i dont want to reveal other people's personal details on here so i can PM you?

i am fairly certain that in my case they wont do that anyway as i went to great lengths to make sure that i had confirmation from the TEC from all angles that no response was received from the council in time, and the evidence i sent in to back up my TE7 and9 forms would ahve made it hard for the council to reject.....but i did hear that there were instances where they had appealed on the basis that they sent it in on the last day, but due to an error, the tec didnt process it til week(s) after. this is why i was on the phone constantly to check their backlogs so they didnt conveniently find a later response alter on...

[Jamberson]

If you make an out of time stat dec, the council can refuse to accept it. If they do not refuse, it will be accepted and I guess this is the scenario which has been mentioned before. I can conceive that admin problems might trip up the process if papers are not delivered in time, and could lead to a late reconsideration by TEC, but that would be unusual.

 

You could phone the council and ask where the case is at. They will tell you what they have done in response to your stat dec, but I suspect they will just accept the revocation order and proceed from there. If they say they have rejected it, then there is a possible issue, but it's far more likely they have not.

[TheBogsDollocks]

what you mean like it costs the Council £40 to got to PATAS but it costs you nothing?

 

It costs the "council" nothing as the money comes from the public purse and in this case that money comes from parking income. Instead of being sarcastic why don't you contribute something helpful to the OP, afterall that's the purpose of this forum. If you can't be helpful do us all a favour and don't comment.