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Charge certificate plus more, What is the next step?
chrisSM
post Mon, 21 May 2018 - 20:03
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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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post Mon, 21 May 2018 - 20:03
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cp8759
post Thu, 14 Jun 2018 - 13:02
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chrisSM you should now definitely make the representations outlined in post 56. They won't understand what you're on about so we should then get them for failure to consider. If they send another PCN as well, that'll be the final nail in the coffin.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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chrisSM
post Thu, 14 Jun 2018 - 15:43
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How to send this? Recorded delivery or 1st class with proof of postage? I understand I have send this to : Parking Service , Ealing council...?
Thank you
Chris
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cp8759
post Thu, 14 Jun 2018 - 15:52
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At this point I would make them online, the back of the PCN (which you uploaded in post 1) says you can send representations by email.


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chrisSM
post Thu, 14 Jun 2018 - 22:33
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Sent today 14/07 around 21:30 thank you
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chrisSM
post Fri, 15 Jun 2018 - 20:59
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Received today, PCN number is the same




PCN number is the same

This post has been edited by chrisSM: Fri, 15 Jun 2018 - 21:01
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Neil B
post Fri, 15 Jun 2018 - 21:07
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Dated?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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chrisSM
post Fri, 15 Jun 2018 - 21:28
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Date of Notice 14/06/2018
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cp8759
post Sat, 16 Jun 2018 - 01:10
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QUOTE (chrisSM @ Fri, 15 Jun 2018 - 22:28) *
Date of Notice 14/06/2018

This is now a guaranteed win, I will draft representations over the weekend.


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chrisSM
post Sat, 16 Jun 2018 - 09:11
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That's great. Thank you very much. Really appreciate it.
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cp8759
post Sat, 16 Jun 2018 - 16:47
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Draft below, again keep italics and bold exactly as I have used it:
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Dear Sir or Madam,

I am in received of a further Penalty Charge Notice dated 14 June 2018, I therefore submit the following additional formal representations.

Paragraph 7(9) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 provides that (my emphasis):

"Service of a declaration under sub-paragraph (2)(a) above shall not prevent the enforcing authority serving a fresh penalty charge notice but if, when it was served, the relevant order under paragraph 6 was accompanied by a copy of the penalty charge notice to which the charge certificate relates, a fresh penalty charge notice in the same terms shall be deemed to have been served on the person making the declaration on the same day as the declaration was served."

This means that there are two enforcement routes open to the authority: If the authority doesn’t serve a copy of the original PCN with the Order for Recovery, and a Statutory Declaration is made to the effect that the original PCN was never received, the authority can serve a fresh PCN.

But if, as happened here, the authority does serve a copy of the original PCN with the Order for Recovery, and a Statutory Declaration is made to the effect that the original PCN was never received, then a fresh PCN is deemed to have been served on the day that the statutory declaration was filed with the court.

As explained in my previous formal representations, because the Statutory Declaration was filed with the court on 24 May 2018, paragraph 7(9) above means that a fresh penalty charge notice was deemed to have been served on 24 May 2018. If a PCN was deemed to have been served on 24 May 2018, it is not open to the enforcement authority to issue additional PCNs at a time of its choosing, as this is outwith the statutory scheme.

The process laid out by Parliament is clear: Given the authority served a copy of the original PCN with the order for recovery, a fresh PCN was deemed served on 24 May 2018 and that is the PCN the enforcement authority should have pursued. The statutory time-frame within which that Penalty Charge Notice must be paid or challenged is due to expire on 20 June 2018, it is not open to the authority to extend that period to 15 July 2018, as the PCN dated 14 June 2018 purports to do.

The purported and unauthorised service of a further Penalty Charge Notice, when the Penalty Charge Notice deemed to have been served on 24 May 2018 was still extant, means that the penalty charge now exceeds the amount applicable in the circumstances of the case. Where the authority purports to serve additional Penalty Charge Notices when the previous notice has not been withdrawn or cancelled, the only amount that may be lawfully demanded is zero. It follows that you must now cancel both the Penalty Charge Notice deemed to have been served on 24 May 2018, and the Penalty Charge Notice dated 14 June 2018.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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Neil B
post Sat, 16 Jun 2018 - 19:20
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Fast cancellation or clueless response ?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Sat, 16 Jun 2018 - 19:22
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Clueless response no doubt.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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chrisSM
post Sun, 17 Jun 2018 - 06:29
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Good Morning. I should send this by email or use their website for challenge?
On their website now is this ( please note there is no "make representation" button which I can use):
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cp8759
post Sun, 17 Jun 2018 - 09:00
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The PCN explicitly says you can make representations by email so that's what I would do.


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