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Charge Certificate for fine I thought was paid
GUnit
post Fri, 8 Mar 2019 - 11:43
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I received a PCN back in January and as there was no way of denying it, I paid the fine, or at least I thought I did. It seems that having gone through the payment process on the council website the payment was never taken. The first I knew of this was when a Charge Certificate came through the door.

I spoke to the council who said that having received a charge certificate I was no longer able to appeal and I had no option but to pay the (massively increased) fine. We have been going back and forth about this but today received another letter saying the next step would be an Order for Recovery being served, which can only be appealed against on four ground, none of which really apply to this situation.

So is there anything I can do? I realise that it is up to me to ensure the payment is made, but having got a confirmation from the councils website, I thought it was. I was happy to pay the original amount, and have told them so, but not this increased amount.

Any advice, or just telling me I'll have to pay, gratefully received.
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post Fri, 8 Mar 2019 - 11:43
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cp8759
post Sat, 23 Mar 2019 - 00:36
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Having re-read the thread, I think your only real option is to pay the £195 before it goes up any more.


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Mad Mick V
post Sat, 23 Mar 2019 - 07:02
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OP----what was the date of the PCN?

I am checking to see whether the CC was premature.

Mick
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hcandersen
post Sat, 23 Mar 2019 - 17:09
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CC was issued prematurely because it was issued on day 28 of a PCN issued on 11 Jan...or served on 11 Jan, depending on whether you believe the CC or their letter of 5 March!

And they've directed or informed you of two contrary options and governing legislation.

Can't wait to see what enclosure comes with the OfR.

And if it's a Stat Dec all the better because you can then add duplicity to their crimes i.e. you told me 4 grounds then you only gave me 3, and the missing one is the one on which you intended to rely!

And then we complain to the council. You can't complain to parking because in their evident confusion you could not rely on being treated fairly.

Would be my advice.
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cp8759
post Sat, 23 Mar 2019 - 17:30
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@hcandersen it's obvious this is for a moving traffic contravention and the letter of 5 March was sent out in error. The simplest and most obvious explanation for the mix-up is that the letter of 5 March was sent based on the wrong template. We still can't escape the fact that the only grounds for making a SD in this scenario are these:

(2) The statutory declaration must state that the person making it—
(a) did not receive the penalty charge notice in question;
(b) made representations to the enforcing authority under paragraph 1 above but did not receive a notice of rejection from that authority; or
(с) appealed to a traffic adjudicator under paragraph 4 above against the rejection by that authority of representations made by him under paragraph 1 above but had no response to the appeal.


Even if the CC is premature, I don't see how GUnit can legitimately get access to the tribunal, because no reps were ever made and there is no notice of rejection.


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hcandersen
post Sat, 23 Mar 2019 - 21:59
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The council sent a letter.

The recipient is able to rely upon it.

They are not presumed to know what we know.

It cannot just be batted away as 'an error'.

The council cannot 'escape the fact' that they have misinformed the OP.

This post has been edited by hcandersen: Sat, 23 Mar 2019 - 22:00
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cp8759
post Sun, 24 Mar 2019 - 22:39
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QUOTE (hcandersen @ Sat, 23 Mar 2019 - 21:59) *
The council sent a letter.

The recipient is able to rely upon it.

They are not presumed to know what we know.

It cannot just be batted away as 'an error'.

The council cannot 'escape the fact' that they have misinformed the OP.

I don't disagree in principle, but the problem we face is a procedural one. If the council serve a LLA 2003 OfR, how do you suggest the OP should proceed?


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hcandersen
post Mon, 25 Mar 2019 - 09:03
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By complaining to the council's section 151 officer direct:

Section 151 Officer
An officer appointed under section 151 of the Local Government Act 1972 which requires every local authority to appoint a suitably qualified officer responsible for the proper administration of its affairs.


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GUnit
post Mon, 25 Mar 2019 - 15:30
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QUOTE (Mad Mick V @ Sat, 23 Mar 2019 - 07:02) *
OP----what was the date of the PCN?

I am checking to see whether the CC was premature.

Mick


The date on the PCN was 11 January 2019.
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Mad Mick V
post Mon, 25 Mar 2019 - 17:43
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I agree with hca they sent the Charge Certificate a day early, ergo you have a demand for money which is invalid.

I also agree with cp5987 that this error does not give you access to adjudication in terms of set procedures.

A Section 151 complaint appears the way forward with a view to taking your case to the LA Ombudsman if the Council rejects that sort of approach.

Subject to the views of others, that complaint must demonstrate that the Council has cocked up and that there is no wriggle room for them to reissue a new CC in the circumstances.

Mick
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