Choices for contesting 'Late Representation Rejection' on PCN?

[killers]

Hi there

 

I received a congestion charge PCN back in Sept for momentality straying into the congestion charge zone (that much I admit to now - although i didn't realise it at the time). Some four days later - and before the PCN was issued/received - I moved to France for 7 months where I remain to this day.

 

Having had my post forwarded in December I finally received the PCN which had now gone from £60 to £180 and of course I was now beyond the standard 28 days to make a representation for appeal. However in the accompanying notes it states that if you are appealing outside of the 28 day period you will need to explain why this it is late, to quote "such as you were away or ill, please provide proof". This much I did in providing a copy of the one-way ticket I had for Euro Tunnel.

 

Incidentally my appeal to them was: a. I was momentarily lost and was performing a u-turn; and b. if (a) is not upheld to at least reduce the fine to the original £60.

 

However I have just called their call centre and I have been told that having received my appeal that they issued a 'Late Representation Rejection' and have ignored my representation for appeal completely. They gave no further reason as to why they issued the notice other than 'they considered the evidence'.

 

I believe there is a clear case here of my not being in the country to at least have my appeal representation considered (which it hasn't ), especially as they give indication that if you are appealing outside the 28 day window you must give evidence of this. That they have sent the 'Late Representation Notice' to France (yet to receive it - sent on 21st Dec apparently), appears to be an achknowledgement from them at least that I am not in the country.

 

So what are my options from here? I can't appeal to PATAS as this isn't a Notice of Rejection yet TFL haven't recognised the virtual impossibility of responding to the PCN in timely manner as I am abroad.

 

I have been told by the TFL that I can either pay the fine as it now stands or 'seek independent legal advice' which would end up being more than the fine. Are there any other options open to me at this stage?

 

Any advice greatly appreciated! Thanks!

[green_and_mean]

They have considered it and rejected it, getting lost is never going to win a congestion charge appeal pay up before it gets even more expensive.

[killers]

Thanks - but that slightly misses the point. They haven't considered the reasons for my apppeal at all, but have ignored them on the grounds late representation. What they claim to have considered are my reasons for late representation and ignored them (without any reason given), despite it being impossible for me to have responded to their pcn in time (they even suggest 'being away' as a valid reason for late representation). Ultimately I feel they have been wholely unreasonable and I am wondering what my options are without having to go to court

[green_and_mean]

Thanks - but that slightly misses the point. They haven't considered the reasons for my apppeal at all, but have ignored them on the grounds late representation. What they claim to have considered are my reasons for late representation and ignored them (without any reason given), despite it being impossible for me to have responded to their pcn in time (they even suggest 'being away' as a valid reason for late representation). Ultimately I feel they have been wholely unreasonable and I am wondering what my options are without having to go to court

 

a) if you live in france why are you bothered?

 

b) you missed the deadline to appeal so they are entitled to reject any representations without giving a reason

[killers]

The issue is whether there is a process for appealing a 'Late Representation Notice' on reasonable grounds. There is clearly a process for appealing Notice of Rejection, but is a Late Representation Notice deemed absolute? seems unreasonable

[green_and_mean]

Representations against penalty charge notice

 

13.(1) Where it appears to the recipient that one or other of the grounds mentioned in paragraph (3) are satisfied, he may make representations to that effect to the charging authority who served the penalty charge notice on him.

 

(2) The charging authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.

http://www.legislation.gov.uk/uksi/2001/2313/contents/made

[Kiki1]

Representations against penalty charge notice

The charging authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.[/color]

 

and yet the local authority has no similar deadline in which to respond to a(ny) representation.

 

Such is the 'fairness' of the system

[killers]

From PATAS

 

"Make sure the enforcement authority receives your representations within 28 days. They may disregard representations received later. They may consider late representations, but do not have to"

 

So it is entirely at their discretion, whether or not there are mitigating cirsumstances.

[green_and_mean]

From PATAS

 

"Make sure the enforcement authority receives your representations within 28 days. They may disregard representations received later. They may consider late representations, but do not have to"

 

So it is entirely at their discretion, whether or not there are mitigating cirsumstances.

 

and they have decided not to.