Charge certificate plus more, What is the next step? |
Charge certificate plus more, What is the next step? |
Mon, 21 May 2018 - 20:03
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#1
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hi there. I just want to say I tried to find what to do now on this forum but I'm stock on statutory declaration. From where I can get this, council should send this to me? Last letter from them ( order for recovery) informed me I have to : "File a statutory declaration on the enclosed form and send it to the Traffic Enforcement Center..."
They didn't enclosed this declaration. From where I can take this? Please note, 1st correspondence regarding this PCN was Charge Certificate, never received PCN etc Thank you Chris |
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Mon, 21 May 2018 - 20:03
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Mon, 21 May 2018 - 20:19
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#2
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
Please note, 1st correspondence regarding this PCN was Charge Certificate, never received PCN etc You've got the PCN. -------------------- |
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Mon, 21 May 2018 - 20:23
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#3
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hi Neil. As you can see this is Copy and they send me this few days ago with order for recovery
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Mon, 21 May 2018 - 20:29
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#4
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
Hi Neil. As you can see this is Copy and they send me this few days ago with order for recovery Ah. So what is the first image? That doesn't say copy? Also, the copy has a date missing? What date of PCN is mentioned in their letter? -------------------- |
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Mon, 21 May 2018 - 20:30
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#5
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
1st correspondence regarding this PCN was Charge Certificate, never received PCN etc.
And yet you've posted the PCN. Pl explain. Anyway, assuming you came by this later then submit a SD. That they did not enclose one is not IMO a winning line at appeal, so just download it - https://www.gov.uk/government/publications/...y-charge-notice Note the potential penalties for filing a false declaration. |
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Mon, 21 May 2018 - 20:38
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#6
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
1st correspondence regarding this PCN was Charge Certificate, never received PCN etc. And yet you've posted the PCN. Pl explain. He has. I made the same mistake. Query first image though. They didn't enclosed this declaration. From where I can take this? ( order for recovery) Turn it over! -------------------- |
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Mon, 21 May 2018 - 21:33
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#7
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
This is the back Neil:
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Mon, 21 May 2018 - 21:46
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#8
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Sorry I can't add photo link.
There is information how to pay or complete enclosed statutory declaration. Now I know from where I can take it, thanks. No information on the back from where I can download it. I will try add picture tomorrow. This post has been edited by chrisSM: Mon, 21 May 2018 - 21:46 |
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Mon, 21 May 2018 - 22:06
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#9
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
The back normally IS the SD.
Host images externally and post image codes here. e.g Imgur or Tinypic. What about my query re first image? and question about date? -------------------- |
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Mon, 21 May 2018 - 22:19
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#10
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
1st image is the back of Penalty Charge Notice ( copy) as you can see on the bottom is date 17/05/2018 but PCN is from 19/01/2017. Why?
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Mon, 21 May 2018 - 23:13
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#11
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
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Mon, 21 May 2018 - 23:42
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#12
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
1st image is the back of Penalty Charge Notice ( copy) as you can see on the bottom is date 17/05/2018 but PCN is from 19/01/2017. Why? Yeah, sorry I'm not completely paying attention to images, so ok that's the back of the copy just received. It's ridiculous for them to date it May; so it's not a true copy at all. It's unusual for a Council to send a copy PCN with an OfR and it makes me suspicious - why? The missing date is suspect: 19/1 is just the contravention date; PCNs are sent up to 25 days later. So did their letter of 9/4/18 mention the original date of the PCN? (The SD will get you a fresh PCN but looking at these issues could beat that later). -- You still haven't shown the back of the OfR ? (the front is rubbish btw; we'll use that later) -------------------- |
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Tue, 22 May 2018 - 06:21
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#13
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hi Neil. This is the back of OfR:
Thank you |
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Tue, 22 May 2018 - 10:19
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#14
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
Hi Neil. This is the back of OfR: Ok, get your own PE3 and get it sworn and sent off. I'm shocked cos the flip side is normally it. For later, they are in breach of Civil Procedure Rules. 75.3 (1) The authority must file a request in the appropriate form scheduling the amount claimed to be due. (4) On receipt of a registered request the authority may draw up the order and must – (b) attach to the order a form of statutory declaration or witness statement for the respondent's use. Come back when you hear from TEC. About a week. ---- You still have haven't answered my question - So did their letter of 9/4/18 mention the original date of the PCN? -------------------- |
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Tue, 22 May 2018 - 10:37
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#15
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
The SD states clearly that the SD is enclosed.
You say it wasn't, they'll claim it was. IMO, it's a red herring anyway because procedural impropriety is not grounds of appeal. So, download the form, complete, sign/get witnessed, send to TEC. Then we can see whether you have grounds for making reps against the PCN...once you've got it. This post has been edited by hcandersen: Tue, 22 May 2018 - 10:37 |
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Tue, 22 May 2018 - 18:27
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#16
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Will do that.
Neil no any other dates a specially no Date of Notice, it is Blank as you can see. as well no date of Notice on the other correspondence from Ealing. |
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Tue, 22 May 2018 - 23:59
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#17
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
Will do that. Neil no any other dates a specially no Date of Notice, it is Blank as you can see. as well no date of Notice on the other correspondence from Ealing. I have a suspicion they never sent you a PCN, since they clearly can't produce a viable copy. We can't prove it yet -- but later. -------------------- |
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Wed, 23 May 2018 - 08:54
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#18
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
The true is I never received it Neil and nothing until Certificate. I see a lot people have similar problem, this should be show in Tv. I have to go now to Solicitor and pay them for Statutory declaration because their mistake. Thanks Neil
This post has been edited by chrisSM: Wed, 23 May 2018 - 08:55 |
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Wed, 23 May 2018 - 10:31
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#19
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Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
What is the best way to send this to TEC?
Recorded delivery or 1st class with proof of postage? |
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Wed, 23 May 2018 - 11:10
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#20
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
What is the best way to send this to TEC? Recorded delivery or 1st class with proof of postage? tec@hmcts.gsi.gov.uk This post has been edited by Neil B: Wed, 23 May 2018 - 11:11 -------------------- |
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