Did the appellant receive the notices?
Did the appellant receive the notices?
I find that the evidence before me shows that all correspondence, including the compliance notice, was sent to the appellant at the same postal address. That address is the same address which the appellant provided in his declaration of compliance and in his notice of appeal to this tribunal.
The appellant has not provided any evidence to suggest that this was not the correct address for service, and he has not provided any evidence to demonstrate that there was any reason why correspondence to that address could not be or was not in fact delivered to him there. I find that the respondent sent three letters to the appellant notifying him of the requirement to complete a declaration of compliance; a warning letter giving him 14 days to comply; and a compliance notice. I find that the respondent sent the letters to the appellant’s correct address for service and that appellant has failed to rebut the presumption that those letters or the compliance notice were in fact served on him.
The appellant received the FPN, because he sought a review on 28 August 2024. The FPN was sent to the same address as the earlier correspondence and the compliance notice. For all these reasons, I find that the appellant received the compliance notice. He has not provided any evidence capable of rebutting the presumption of service.
I find that the appellant chose to ignore the initial correspondence, the warning letter, and the compliance notice and did not take any action until he was issued with the FPN.
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