PCN Revoked but still being harrassed by LA

dccantona

I ve been having an on going battle with LB of Hounslow. Received a ticket in a car park even though I had paid for a meter ticket.Eventually insisted on going to my local County Court for a hearing ; which they did not attend. The Judge took my side and the order was revoked and charge certificate was cancelled; this was in Set 2010. January 2011 I received about 50 A4 pages with all the details of the case + details of other PCN that I was successful with. (relevance ?)But no indication as to why . Suddenly have received a notice from PATAS stating that an appeal has been sent by LBof H for a hearing in 2 weeks!
Does anyone know what time period does a LA have after the court has ruled against them . 30 days 60 days This was over 90 days.
Secondly as the order was revoked and PCN cancelled my understanding was that the LA would need to start the process yet again from the beginning ; rather than go direct to an appeal.
Finally I tried to go to PATAS and was told it was too late so then had to go to court.Why can an LA get to go to PATAS without following process? ask who runs PATAS.

peter_the_piper

Take this to pepipoo.com, copy all paperwork as it may well be needed.

Coblcris

To echo the duplicate thread.

How did this end up in the County Court ?

dccantona

I never received the notice to owner Then 5 months later had the baliffs harrassing me. Northampton said I was too late but managed to go to the local County Court where it was revoked and PCN cancelled

Orford

dccantona wrote: »

I never received the notice to owner Then 5 months later had the baliffs harrassing me. Northampton said I was too late but managed to go to the local County Court where it was revoked and PCN cancelled

I think that the county court would only be able to revoke the charge certificate and you mistakenly assumed that included the PCN

Coupon-mad

So you filed a stat declaration saying you never got the NtO and the case was re-set back to NtO stage. The PCN is not revoked in that scenario and the Council can continue with it.

When pepipoo forums is back up and running (tomorrow?) post on there with pics of all your paperwork including the PCN front and back.

I hope you still have the PCN as Hounslow tickets have a wording flaw which has been adjudicated in favour of the motorist before. On pepipoo look for Hounslow threads and you should find the flaw, it's the wording 'unless the PCN is challenged' that they have bunged in on the front in the statutory part that says how much the charge is...

You need to quote and state the number of the successful previous PATAS appeal that was decided on the Hounslow PCN wording, as well as re-stating your other appeal points and any extra ones pepipoo give you.

Have a look at that wording on your PCN now and post pics of the front & back of it asap on pepipoo parking forum. Here's the direct link but it may not load today, not sure what's happened, hopefully they will sort it out:

http://forums.pepipoo.com/index.php?showforum=30

HTH and good luck.

Enceladus

dccantona wrote: »

I never received the notice to owner Then 5 months later had the baliffs harrassing me. Northampton said I was too late but managed to go to the local County Court where it was revoked and PCN cancelled

This depends on the box you ticked on the TE9 witness statement. If you ticked the box to say you did not receive the PCN/NTO then the council should have re-issued the NTO. If you ticked one of the other boxes then the council has to cancel the PCN or refer the matter to the adjudicator for direction.

On the assumption you ticked the no NTO box then the council has not followed the correct legal process. I also suggest you post your case on pepipoo.

PS. pepipoo seems to have internet problems tonight.

peter_the_piper

They're back now, get to them quick.
EDIT Still having problems, not connecting every time

dccantona

Thanks for the responses Pepipoo is new to me will investigate.
But does anyone know if there is a time limit for the council to respond to a court ruling that the order is revoked and the charge certificate is cancelled.
At court I was told that the procedure would need to start afresh. Would PATAS have a ruling for this ; are there guidelines as to a time limit. In a previous revoked order it was ruled that " the L A should inform you as soon as possible if it intends to do so ( appeal)

peter_the_piper

I'm not sure anyone here has the experience to help you, they do at least have legally trained people on pepioo. You will have to give chapter and verse and a timeline of events, also copies of all paperwork, both sides and remove identifying bits.