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Cheshire East car park. Snow covered disabled space
Long John Silver...
post Wed, 16 May 2018 - 14:12
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Late February, the whole of the NE is under a foot of snow.

I park in what turns out to be a disabled space. Come back to a ticket for parking in a disabled space without having a badge.

Completely forgot about the whole thing, to be honest. Have now received a Charge Certificate demanding £105. I tried the online appeals system, but I'm out of time for that, apparently. Laura at the Council says I need to wait for the next stage and make a witness statement.

A) Is that right
B) is my defence (which is genuine) going to see me exonerated or am I Donald Ducked?

Thanks for the help.
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post Wed, 16 May 2018 - 14:12
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peterguk
post Wed, 16 May 2018 - 14:13
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Let's see PCN and council photos.


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cp8759
post Wed, 16 May 2018 - 14:35
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Did you every receive a Notice to Owner in the post?


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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.
No, I am not a lawyer.
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Long John Silver...
post Thu, 17 May 2018 - 12:53
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I had the notice in the yellow package on my screen, but that's been in the bin for months, I'm afraid.

I heard nothing until this letter which is as described above.

No photos have ever been provided and I took none of my own (why would I?)
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peterguk
post Thu, 17 May 2018 - 12:59
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QUOTE (Long John Silver Lamp @ Thu, 17 May 2018 - 13:53) *
I had the notice in the yellow package on my screen, but that's been in the bin for months, I'm afraid.

I heard nothing until this letter which is as described above.

No photos have ever been provided


So you binned the PCN.. rolleyes.gif Get the PCN number and get on to the council for the photos.

This post has been edited by peterguk: Thu, 17 May 2018 - 13:27


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stamfordman
post Thu, 17 May 2018 - 12:59
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You should have got a notice to owner in the post before the charge certificate. Is all well with your post and the name/address on the V5C log book?

It's good news if you didn't get the NTO as you can now wait for debt recovery and reset the process, as not getting the NTO is one of the few grounds.

See the process here - essentially the same outside London too:

https://www.londontribunals.gov.uk/eat/unde...rcement-process

This post has been edited by stamfordman: Thu, 17 May 2018 - 13:00
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Long John Silver...
post Thu, 17 May 2018 - 13:40
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Yes, V5 etc all registered to my place in Devon, which is where I got the latest notice, but not any other.

What, please, is the process from here? I wait for the Can't Pay crew and some heavies to turn up and then show them this thread or...?

Peter, I'll do this, thanks. Is there anything specific that I'm looking for in the photos, or is it just to confirm that Wilmslow resembled Greenland for a day or so?
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peterguk
post Thu, 17 May 2018 - 13:45
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QUOTE (Long John Silver Lamp @ Thu, 17 May 2018 - 14:40) *
Is there anything specific that I'm looking for in the photos, or is it just to confirm that Wilmslow resembled Greenland for a day or so?


When you get the photos post thm up here.

The allegation is that you parked is a space designated for disabled badge holders only. So let's see what the CEO saw that you did not.


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stamfordman
post Thu, 17 May 2018 - 15:01
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Forget the contravention for now - first wait for the order for recovery and make a witness statement that you didn't get the NTO.

This post has been edited by stamfordman: Thu, 17 May 2018 - 15:02
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PASTMYBEST
post Thu, 17 May 2018 - 16:04
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QUOTE (stamfordman @ Thu, 17 May 2018 - 16:01) *
Forget the contravention for now - first wait for the order for recovery and make a witness statement that you didn't get the NTO.


+ 1 the contravention does not matter at present,
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hcandersen
post Thu, 17 May 2018 - 16:16
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OP, pl confirm you have read and understand the link in post #6, this sets out the enforcement process.

If you don't understand, then say so.

And post the charge cert and photos pl.
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Long John Silver...
post Fri, 18 May 2018 - 01:40
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Thanks chaps, I'll post the images of the Charge Notice later today and of the pictures as I receive them (although I understand the substantive offence is on the back-burner for now).

I have received and read the link in post #6. I *believe* I understand it, although a summary would be welcome, purely for confirmation.
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hcandersen
post Fri, 18 May 2018 - 05:08
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You cannot challenge a charge cert;
You'll soon receive the next document, an Order for Recovery, enclosed with which will be a witness statement form which you would complete by ticking one box to the effect that you did not receive the NTO, signing and sending in time to the Traffic Enforcement Centre whose details are included.
The OfR and CC get cancelled and the authority would have a further 6 months to serve a NTO.

Issues which can arise:
The OfR like the NTO could go astray. This is why we need to see the charge cert to know whento prompt you to contact the authority to see if an OfR has been issued.
You do not action the witness statement in time. A big no, no.

This post has been edited by hcandersen: Fri, 18 May 2018 - 05:09
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DancingDad
post Fri, 18 May 2018 - 11:33
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QUOTE (hcandersen @ Fri, 18 May 2018 - 06:08) *
You cannot challenge a charge cert;
You'll soon receive the next document, an Order for Recovery, enclosed with which will be a witness statement form which you would complete by ticking one box to the effect that you did not receive the NTO, signing and sending in time to the Traffic Enforcement Centre whose details are included.
The OfR and CC get cancelled and the authority would have a further 6 months to serve a NTO.

Issues which can arise:
The OfR like the NTO could go astray. This is why we need to see the charge cert to know whento prompt you to contact the authority to see if an OfR has been issued.
You do not action the witness statement in time. A big no, no.


28 days innit ?

And more then a big no no..... world of potential pain and cost to miss deadline on witness statement !
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hcandersen
post Fri, 18 May 2018 - 15:09
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I think it's 6 months as with the original NTO, the only difference being that the 'relevant date' is the date of TEC's letter as opposed to the norm of date of service of the PCN.

http://www.legislation.gov.uk/uksi/2007/34...ulation/20/made

Reg 23(2)(a) and 23(6) apply.

http://www.legislation.gov.uk/uksi/2007/34...ulation/23/made
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Long John Silver...
post Fri, 18 May 2018 - 15:21
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Image now uploaded.

This post has been edited by Long John Silver Lamp: Fri, 18 May 2018 - 15:38
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cp8759
post Fri, 18 May 2018 - 15:27
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Upload to an external site like imgur.com and post a link


--------------------
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.
No, I am not a lawyer.
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Long John Silver...
post Fri, 18 May 2018 - 15:32
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https://imgur.com/a/6GCdayI

This post has been edited by Long John Silver Lamp: Fri, 18 May 2018 - 15:37
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cp8759
post Fri, 18 May 2018 - 15:42
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You need to wait for the Order for Recovery, see post 13.


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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.
No, I am not a lawyer.
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ford poplar
post Fri, 18 May 2018 - 15:49
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and the CEO photo's provided?
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