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PCN- NO RIGHT TURN, I received a charge certificate without a pcn
Yongicho
post Sat, 15 Jun 2019 - 10:50
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Hi all,
Recently been issued a charge certificate for a contravention that occurred under havering Borough in the first week of April. I didn't receive a pcn prior to that so I wrote back to them to inform them of this. They sent a letter this morning advising me to pay the outstanding balance of 195 pounds or get an order of recovery and then be able to file a witness statement. The contravention occurred twice because I took the route twice, both times separated by over 3 weeks. It's funny because I feel no one would deliberately make a mistake he has been fined for previously. Had I gotten the first pcn, I would have paid and not repeated the error. The pcn for the second contravention came days after the charge certificate for the first contravention got delivered and I have paid that off. Should I pay this 195 or wait to file a witness statement so I can get resent the pcn then I can just pay the normal charge for it? And how often do witness statements get acknowledged? does any of this entail me going to court?
Thanks

This post has been edited by Yongicho: Sun, 16 Jun 2019 - 23:15
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post Sat, 15 Jun 2019 - 10:50
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Neil B
post Fri, 26 Jul 2019 - 00:22
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Ok, so meanwhile, what do you intend doing about this?



This post has been edited by Neil B: Fri, 26 Jul 2019 - 10:19


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
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cp8759
post Sat, 27 Jul 2019 - 10:43
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QUOTE (Yongicho @ Thu, 25 Jul 2019 - 12:32) *
What do you mean no options.???

He means you might have no choice but to pay the penalty or face the bailiffs. I'm sending you a PM.


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cp8759
post Tue, 30 Jul 2019 - 14:47
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QUOTE
Hi. Thanks for your message. Sorry just replying. All addresses in the documents shared are same-my address. The only document with a different address is the redirected envelope with the Cambridge address. And that envelope contained the first PCN that was meant to have been sent first before all others instead it was received last. Am still waiting for the ofr to be sent so I can send my witness statement as I did not receive the PCN when I was meant to


So who set up a redirect from your address to the Cambridge address, and how similar is their name to yours?


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Yongicho
post Sat, 3 Aug 2019 - 21:58
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QUOTE (hcandersen @ Sat, 15 Jun 2019 - 12:29) *
OP, it's routine stuff.

The Order for Recovery is sent under the authority of the Traffic Enforcement Centre (TEC) by the authority but the witness statement is sent to the Traffic Enforcement Centre.

In plain English:
The authority are saying that they want to enforce the penalty and need a warrant from the court to do so. They present TEC with their evidence of sending the applicable notices.

TEC say OK, you have our permission to take the next step but before we issue a warrant we want to hear from the owner, hence the witness statement or statutory declaration, whichever applies. This allows the owner who, as in your case, knows nothing of these events, to submit the statement and say hold on, I didn't receive the PCN. To which TEC would say to the authority we're not convinced that the owner has received the notices so you must go back to square 1 and we will not authorise you to pursue the penalty until you have done so.

In short:
Wait for the OfR and then come back here. Filling in the statement is a tick-box task, 5 minutes tops, and has NOTHING to do with the contravention, this is only about procedure.

But remember, submitting the statement must be done within a specified period, the world will not stop turning just because the recipient of an OfR cannot get their act together.


Dear All...So finally I received the ofr today. It says I should pay the charge or file a statutory declaration on the enclosed form and the declaration must be signed before a commissioner of oaths eg a solicitor or an officer of any county court appointed by a judge to take affidavits or a justice of the peace (at any magistrates court). (Please ensure that they have included their full postal address
Means I have to fill it in front of a solicitor? Phew
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Yongicho
post Sun, 4 Aug 2019 - 17:38
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QUOTE (cp8759 @ Tue, 30 Jul 2019 - 15:47) *
So who set up a redirect from your address to the Cambridge address, and how similar is their name to yours?

Oh.. Sister. We have same last name. she set up the redirect so her mails will come to her in Cambridge rather than where she used to live which is where I live but royal mail made a mistake and just took all letters Including mine to where she lives now in Cambridge. That's how it got there but this was a few weeks ago so means the PCN still came late after the charge certificate had gotten to me
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cp8759
post Mon, 5 Aug 2019 - 11:00
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Ok so the Royal Mail made an error with the redirection, which is not unheard of.

You need to make a statutory declaration at your nearest county court or magistrates' court (this is free of charge but it's best to call in advance as you might need an appointment), on the basis that you did not receive the PCN. This will then revoke the OfR and the Charge Certificate and the council will need to send you a new PCN.


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Yongicho
post Mon, 5 Aug 2019 - 12:46
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QUOTE (cp8759 @ Mon, 5 Aug 2019 - 12:00) *
Ok so the Royal Mail made an error with the redirection, which is not unheard of.

You need to make a statutory declaration at your nearest county court or magistrates' court (this is free of charge but it's best to call in advance as you might need an appointment), on the basis that you did not receive the PCN. This will then revoke the OfR and the Charge Certificate and the council will need to send you a new PCN.



Thanks yall for all your help. Would do and update as it goes
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Yongicho
post Thu, 8 Aug 2019 - 18:31
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QUOTE (cp8759 @ Mon, 5 Aug 2019 - 12:00) *
Ok so the Royal Mail made an error with the redirection, which is not unheard of.

You need to make a statutory declaration at your nearest county court or magistrates' court (this is free of charge but it's best to call in advance as you might need an appointment), on the basis that you did not receive the PCN. This will then revoke the OfR and the Charge Certificate and the council will need to send you a new PCN.


Hi all there is a section of the ofr form that says. My reasons are (give full reasons).. Should I state how the PCN didn't come for many weeks after it was meant to or do I just say I didn't receive the PCN?

This post has been edited by Yongicho: Thu, 8 Aug 2019 - 19:45
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cp8759
post Fri, 9 Aug 2019 - 14:59
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QUOTE (Yongicho @ Thu, 8 Aug 2019 - 19:31) *
QUOTE (cp8759 @ Mon, 5 Aug 2019 - 12:00) *
Ok so the Royal Mail made an error with the redirection, which is not unheard of.

You need to make a statutory declaration at your nearest county court or magistrates' court (this is free of charge but it's best to call in advance as you might need an appointment), on the basis that you did not receive the PCN. This will then revoke the OfR and the Charge Certificate and the council will need to send you a new PCN.


Hi all there is a section of the ofr form that says. My reasons are (give full reasons).. Should I state how the PCN didn't come for many weeks after it was meant to or do I just say I didn't receive the PCN?

Just say you didn't receive the PCN.


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Yongicho
post Sun, 11 Aug 2019 - 19:50
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QUOTE (cp8759 @ Fri, 9 Aug 2019 - 15:59) *
QUOTE (Yongicho @ Thu, 8 Aug 2019 - 19:31) *
QUOTE (cp8759 @ Mon, 5 Aug 2019 - 12:00) *
Ok so the Royal Mail made an error with the redirection, which is not unheard of.

You need to make a statutory declaration at your nearest county court or magistrates' court (this is free of charge but it's best to call in advance as you might need an appointment), on the basis that you did not receive the PCN. This will then revoke the OfR and the Charge Certificate and the council will need to send you a new PCN.


Hi all there is a section of the ofr form that says. My reasons are (give full reasons).. Should I state how the PCN didn't come for many weeks after it was meant to or do I just say I didn't receive the PCN?

Just say you didn't receive the PCN.

Many thanks
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Yongicho
post Fri, 30 Aug 2019 - 21:30
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Hi All..
Many thanks for your input. I just received a letter stating the charge certificate has been cancelled and was re-sent the initial penalty charge notice which I have now paid for. Truly appreciated guys. Nice one hello.gif hello.gif
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Neil B
post Fri, 30 Aug 2019 - 22:17
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QUOTE (Yongicho @ Fri, 30 Aug 2019 - 22:30) *
Hi All..
Many thanks for your input. I just received a letter stating the charge certificate has been cancelled and was re-sent the initial penalty charge notice which I have now paid for. Truly appreciated guys. Nice one hello.gif hello.gif

There is just no helping some people. rolleyes.gif


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

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