Council Charge Certificate, Failure to post out PCN Options

[stourbridge]

Further to receiving the PCC [2nd stage] on 16/05/19 alleging that i had failed to respond to a penalty charge notice dated 25/03/19 yesterday morning I managed to contact someone at the council to explain that I had not received the initial PCN. The lady then advised me that there had been a problem in the mnail room and that the PCN had not been posted. In view of the PCN not being posted out do I have grounds for contesting the penalty, and having it revoked? Can anyone please advise me if i have grounds for this, and if there is a template that I can use. As an additional point, on the call a recorded message advised that calls are recorded, and i have managed to obtain the address for a subject access request in case i neeed to get a recording of the call. I would be grateful for any advice and enclose a copy of the charge certificate.

This post has been edited by southpaw82: Sun, 19 May 2019 - 11:07

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[PASTMYBEST]

Further to receiving the PCC [2nd stage] on 16/05/19 alleging that i had failed to respond to a penalty charge notice dated 25/03/19 yesterday morning I managed to contact someone at the council to explain that I had not received the initial PCN. The lady then advised me that there had been a problem in the mnail room and that the PCN had not been posted. In view of the PCN not being posted out do I have grounds for contesting the penalty, and having it revoked? Can anyone please advise me if i have grounds for this, and if there is a template that I can use. As an additional point, on the call a recorded message advised that calls are recorded, and i have managed to obtain the address for a subject access request in case i neeed to get a recording of the call. I would be grateful for any advice and enclose a copy of the charge certificate.

Before you do anything else get that recording

one or two CC?

This post has been edited by PASTMYBEST: Sun, 19 May 2019 - 08:44

[stourbridge]

I appear to have attached a copy of the PCC disclosing personal and vehicle details any idea how i can rempve this? Its one PCC by the way

[Incandescent]

The PCN must be served. If not served then all subsequent enforcement documents and activities are unlawful.

[PASTMYBEST]

go to the manage attachments, it will give you an option to delete the wrong one

[stamfordman]

Usual and automatic process is to wait for debt recovery and make statement you didn't get the PCN. This cannot be opposed if truthful.

[hcandersen]

This cannot be opposed if truthful.


Not quite. It may not be opposed if made in time because the authority wouldn't even know about it until TEC informed them that the OfR and CC had been revoked/cancelled.

We would certainly hope that all submissions are true.

[cp8759]

Before you do anything else get that recording

+1, submit a Subject Access Request pronto and get the recording.

[stourbridge]

Ok, update time. I have submitted a subject access request, and a wait a response. Coincidentally, the day after i submitted my subject access request i received the enclosed document, you guessed it...................A PCN dated 21/05/2019 for a bus lane violation dated 18/03/19. I would appreciate any advice as to whether i should await for the response to my subject access request for confirmation that the original PCN had not been posted out within teh required number of days, or submit a response to this new document dated 21/05/19. Any guidance would be greatly appreciated.

Sorry here's teh attachment

This post has been edited by stourbridge: Fri, 24 May 2019 - 21:58

[PASTMYBEST]

Ok, update time. I have submitted a subject access request, and a wait a response. Coincidentally, the day after i submitted my subject access request i received the enclosed document, you guessed it...................A PCN dated 21/05/2019 for a bus lane violation dated 18/03/19. I would appreciate any advice as to whether i should await for the response to my subject access request for confirmation that the original PCN had not been posted out within teh required number of days, or submit a response to this new document dated 21/05/19. Any guidance would be greatly appreciated.

Sorry here's teh attachment

problem is you still have to deal with the CC do not lose sight of that, it is tick box if done in time but messy if not.

The PCN is out of time though

[stourbridge]

Hi,
Thanks for this, for some reason my initial post seems to have been edited by someone else, i've writtehn to a moderator to try and fiund out why. Also initial attahcment no longer showing. What do you mena by CC please. Ultimately what grounds do i have to have this revoked please if the PCN was issued 2 months after the alleged offence?

[Neil B]

What do you mena by CC please.

Charge Certificate. The notice you keep peculiarly referring to as PCC, even after being corrected.

Ultimately what grounds do i have to have this revoked please if the PCN was issued 2 months after the alleged offence?

That the PCN was served outside the time permitted by legislation.

We need to SEE it, btw.

for some reason my initial post seems to have been edited by someone else, i've writtehn to a moderator to try and fiund out why.

Erm

any idea how i can rempve this?

Helpful aren't they.

[stourbridge]

 New_Doc_2019_05_25_00.34.07.pdf ( 808.27K ) Number of downloads: 74
Copies of anonymised documents now uploaded, re: alleged offence on 18/03/19. CC issued 15/05/19, and PCN issued 21/05/19

[Neil B]

Quite amusing since the CC stuffs them on the date of the PCN.
Can't serve twice, let alone one late.

Actually, more serious than that; clear malfeasance in trying it on.

[cp8759]

Actually, more serious than that; clear malfeasance in trying it on.

It's far more likely that we're dealing with a process-driven back office where people are sending out notices without having any real understanding of what they are doing.