How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

Are formal representations against a NTO issued by a local

Resolved Question:

Are formal representations against a NTO issued by a local authority a notice as defined in the Civil Enforcement of Parking Contraventions (England)General Regulations 2007 to Service by post 3(2)
and if sent by first class post to the correct address by the respondent to the local authority is it therefore deemed to have been properly served on the local authority 2 days after posting .
The representations were sent on the form included in the NTO which makes specific reference to the above regulation below that form so by implication all notices by both the local authority and the respondent so this would infer that formal notices served by either side are covered by this regulation
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm not sure what you mean by your first question?
You can rely on the postage rules with parking fines.
I'm sorry but I'm not sure what you mean about the legislation here? If you mean whether or not your appeals either informally, formally or to the Adjudicator are a notice in law then they are not.
Notices, in this sense, are documents that the authorities have statutory duties to send out. Drivers do not have a statutory duty to send in appeals.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

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 .

Expert:  Jo C. replied 3 years ago.
Sorry but what is the relevance of any of this?
If you have made a stat dec then the matter has gone back to that stage anyway?
Customer: replied 3 years ago.

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.

Expert:  Jo C. replied 3 years ago.
Its a non issue.
The original NTO has been set aside and they have reissued.
This whole point has fallen away.
Even if you can prove they received it, it matters not.
On your primary point though, they can pursue this even if you can prove they received it. The matter can very definitely go back to NTO.
Customer: replied 3 years ago.

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 .

Expert:  Jo C. replied 3 years ago.
No, I am sorry but that is not correct.
Customer: replied 3 years ago.

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?

Expert:  Jo C. replied 3 years ago.
I am not I am afraid under the rules of this site.
I'm not sure why its baffled anybody. Its simple. Whatever did go wrong with the original NTO, you made a stat dec which was accepted, taking this back to the PCN stage.
To pursue it, they have to issue an NTO. Failing to do that would have brought an end to the matter. But they did.
The fact of your service of representations goes to the stat dec point, not the re issue of NTO.
Jo C. and other Traffic Law Specialists are ready to help you