Order for Recovery for 52JM |
Order for Recovery for 52JM |
Fri, 26 Nov 2021 - 16:19
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#1
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Member Group: Members Posts: 30 Joined: 26 Nov 2021 Member No.: 114,858 |
Hi there. I hope someone can advise on how I should plan my response to Ealing Council from which I have received an Order for Recovery. I will try and explain my situation and questions succinctly as I have already read some responses to other relevant cases which have been very helpful.
On the 20th February this year I was driving my wife (a key worker) to a vaccination centre in Ealing. We live in the neighbouring Borough of Richmond and had never come across an LTN before. On my route I drove between two planter boxes on Elers Road, Ealing, W13, which had a sign on them which stated “camera enforcement starts 7 December 2020”. Cars were parked either side of the planters so I was puzzled as to what it meant. 20 minutes later I drove between the planters on my way back home. 6 weeks later, I received 2 Penalty Charge Certificates on 07/04/2021 relating to “the alleged traffic contravention of 52JM – Failing to comply with a prohibition on certain types of vehicle (motor vehicles)” It related to me driving twice through the LTN, a line demarcated by the planters. I received no PCNs and given that it is highly unlikely for 2 items to go astray in the post, I believe that they were never actually sent out. I was advised to contact the TEC to see if the PCNs were registered with them, which I did on several occasions over the summer but my PCNs had not been registered with TEC. I presumed that Ealing Council had decided not to pursue. Also in October Ealing Council removed the LTN on the road which I had driven along when the penalty was issued. I was surprised that more than 9 months after the alleged contravention took place and 7 months after the Charge Certificates were issued the Order for Recovery has been issued for one (not both) of the PCNs. I have completed the PE3 Statutory Declaration explaining I had not received the PCN, I have had it signed at a County Court and have sent it off to TEC. My understanding is they will process it send back to me a revocation of the Order for Recovery which I send to Ealing and then they will issue the original PCN which I can then pay or appeal. From other correspondence on this site I don’t think an appeal based on poor signage or no advance warning of the LTN will work, but I am happy to give it a go. My question is can I appeal based on the shambolic way they have managed this process? No PCNs, 2 Charge certificates 6 weeks later, then no communication for 7 ½ months and an Order for Recovery for only 1 of the PCNs (I checked the second PCN number with TEC and they have no record of it…yet.) Is there any time limit placed on councils for issuing these notices? Is there any way I can ask them about the original PCNs which i believe were not posted in the first place? Any advice gratefully received. |
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Fri, 26 Nov 2021 - 16:19
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Tue, 1 Feb 2022 - 16:23
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#61
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
Is that all they've uploaded?
When is your hearing date? -------------------- |
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Tue, 1 Feb 2022 - 18:05
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#62
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Member Group: Members Posts: 30 Joined: 26 Nov 2021 Member No.: 114,858 |
Correct Neil. The hearing date is 2 weeks on Friday (18th).
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Mon, 14 Feb 2022 - 13:47
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#63
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Member Group: Members Posts: 30 Joined: 26 Nov 2021 Member No.: 114,858 |
Interesting development
I checked the appellant site just now and the Council had put 2 documents on there on Friday or this morning. The first states their intention not to contest and the other is a letter confirming cancellation of the PCN. You guys have been very helpful on here across this whole process. Thank you for your support particularly Neil B and cp8759. The only thing outstanding is the second PCN which is still at the CC stage. What do do? Wait and go through the whole process again? |
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Mon, 14 Feb 2022 - 17:45
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#64
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Member Group: Members Posts: 416 Joined: 4 Apr 2016 Member No.: 83,440 |
Such an interesting thread and the advice from the forum members is remarkable.
An excellent outcome too. Once again, well done !!! |
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Tue, 15 Feb 2022 - 00:27
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#65
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
The only thing outstanding is the second PCN which is still at the CC stage. What do do? Wait and go through the whole process again? Well it worked for the other one and the only alternative is to pay, and I can't think of a reason why you'd do that. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 11:50 |