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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council sent "Notice of Rejection to FR" but never received communication stated!


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Good afternoon forum,

 

I wondered if I could get some advice on this please.

 

In July 2011 I received a PCN from Bexley Council whilst parking in OAKLANDS ROAD car park, with contravention "Parked in a car park without clearly displaying a valid pay and display ticket or voucher or parking clock"

 

I challenged the PCN stating that the car park had only recently introduced 24 hour parking charges, I had parked at 11pm at night for just over 30 minutes and affixed the P+D ticket on my windscreen - the lighting levels are TERRIBLE in that car park, and as such the CEO probably didnt see my ticket and just assumed I hadn't paid.

 

I never received any correspondence back from the council - until TODAY!

 

I've received a letter titled "Notice of Rejection of Formal Representation Response to Holding (FR)" stating the reason for the Council's decision:

 

"The Council previously sent you a Notice of Holding indicating that additional evidence and/or documentation was needed to consider your representation comprehensively. You were given a specific time period in which you were advised you must supply the requested evidence and or documentation, otherwise the Council would serve a Notice of Rejection on you.

 

There is no record from the case file that you have supplied the Council with the requested evidence and or documentation, within the required time period specified or indeed at all, accordingly, the Council must make a decision based on the evidence so far presented and in this instance the Council must uphold the issue of the PCN."

 

First of all, is it me or does the response given to me above seem like something thats essentially been copied and pasted from a "blanket response" document?

 

Secondly, I have never received any request for additional documentation "and/or" evidence...in fact I never even was acknowledged that the Council received my initial challenge.

 

Can I get some afvice please on a recommended course of action? Do I:

 

a.) take this to PATAS stating that I have reason to believe the Council have not considered my appeal at all, simply sending out a blanket response and lied about sending me correspondance

b.) write to the Council again stating the facts above - even though the NoR states "please do not send your appeal to Bexley Council", and ask them to prove their points?

 

Look forward to hearing your thoughts!

 

DC

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It's a pre-written response, but that doesn't mean they didn't consider your letter - it's just not practical to sit and type out a custom reply to every appeal, so they use standard paragraphs.

 

What seems to have happened is that they sent you a letter, probably asking for a copy of your p&d ticket, but you never got it.

 

As their letter says "rejection of formal representations", this implies you were also issued a Notice To Owner. Do you know anything about that, and did you respond to it?

 

If you have a copy of the pay & display ticket, you might be able to resolve this by calling them and telling them you never got the letter, and asking them to consider it now, if you send a copy in. They may agree.

 

Can you advise if you were issued a Notice to Owner?

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Hi Jamberson,

 

Thanks for your reply

 

I've never been issued a Notice to Owner in relating to this - the only documentation I have is the original PCN affixed to my vehicle.

 

I can probably dig out the original P+D as I have to keep all of them for business expense purposes.

 

Regards,

 

DC

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In that case, I would suggest you do try and find the p&d ticket, then phone the council and clarify a couple of things:

 

1. Have they issued a Notice to Owner?

2. If not, why have they sent you a Notice of Rejection to a formal representation (which they cannot do before an NTO is issued and appealed)?

3. What were the contents of this alleged letter "Notice of Holding"?

 

They look like they have fouled up procedure, but at this stage, it's probably best to play friendly. If they see they've sent a Notice of Rejection in error, and you offer them the evidence they wanted in the first place, then if they agree, you can assume they will cancel the PCN when they see the evidence. (I assume your p&d ticket is all OK.)

 

Of course, if they don't agree, you need to confirm that an NTO will be sent to you in due course, and when it is, you can appeal on the grounds of impropriety, but hopefully it won't go that far.

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The PCN was issued in July. It is possible an NTO has already gone out - we don't know. The advice to sit and wait carries a risk that the next thing to arrive will be a Charge Certificate, to which there is no right of appeal and no route to adjudication. Better to get to the bottom of where the case is at.

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