The issue is this .
I was served with an Notice to owner with proof of posting.
The local authority failed to respond at all and issued a charge certificate
I made a statutory declaration and the court issued an order canceling the charge certificate.
They have re issued a new NTO .
They say they have never received the representations but have offered no evidence and could as credibly have received them and lost them within their administration.
I believed that, if a notice posted to me by first class post is deemed to have been served on me on the second working day after posting under the regulation referred to in my question above then my representations in response in the same proceedings should also be deemed to have been delivered (in equity if not in statute) on the 2nd day after posting.
Can there be presumptions as too service by the applicant and different presumptions by the respondent in the same proceedings?
That would mean that they only need to say we posted it and I would have to prove that they had received my response ,
the regulation actually says
“ service of a notice contained in a letter sent by first class post which has been properly addressed, prepaid and posted shall be ,unless the contrary is proved be taken to have been effected on the second day after the date of posting .”
If my response was properly served and the authority have failed to respond within the statutory limit imposed by The Representation and Appeals Reg 5(2)b of 56 days then they are deemed to have allowed the representations and must cancel the PCN entirely .
The matter has gone back to NTO.
My point is that if they were properly served with my representations then they had 56 days to respond under CEPC Representations and Appeals Regs 5(2)(b)otherwise they are deemed to have accepted my representations under 4(2)(b)(ii)and must cancel the PCN must be cancelled . They can not go back to NTO because the matter is closed .
The question of service is therefore very relevant.
Indeed the original NTO may have been set aside but if they failed to respond to my representations made in response to it within 56 days they are deemed to have accepted them thereby cancelling the PCN prior to the order and charging order being set aside .
OK Thanks Jo
Impressed . This matter has baffled 2 Senior Counsels and several adjudicators.
Actually I tend to agree with you .
Are you allowed too tell me which Chambers you are at?