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Yellow Box PCN - Original PCN not received (Wandsworth)
The Grand Ranch
post Sat, 6 Oct 2018 - 16:23
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Hi Everyone, I received a Charge Certificate back in June for a PCN issued in May which I did not receive in the post.

Following advice on this forum, I waited until I received the letter from the debt collectors (Alpha) which stated that they would be passing the debt to Northampton CC. This letter arrived mid July and I've not heard anything further since.

I'm not in dispute over the original offence, I just didn't want to pay £195! However, I'm now a little concerned that I've not heard anything further and I don't really want this bill racking up in the background if they failed to send me the Order of Recovery.

Any advice or is this normal?

many thanks.
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post Sat, 6 Oct 2018 - 16:23
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PASTMYBEST
post Sat, 6 Oct 2018 - 17:42
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Sounds like your apathy has left you up sh1t creek without a paddle. you have read wrong info and rather than posting sat on your hands. Post ALL the documents you have in chronological order and leave in ALL dates


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The Grand Ranch
post Sat, 6 Oct 2018 - 18:10
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QUOTE (PASTMYBEST @ Sat, 6 Oct 2018 - 18:42) *
Sounds like your apathy has left you up sh1t creek without a paddle. you have read wrong info and rather than posting sat on your hands. Post ALL the documents you have in chronological order and leave in ALL dates


That's odd, I thought I'd done the right thing by waiting for the letters to arrive. I was expecting the opportunity to file a Statutory Declaration form.



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stamfordman
post Sat, 6 Oct 2018 - 18:13
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Is the name and address correct on the charge certificate? And problems with post?

This post has been edited by stamfordman: Sat, 6 Oct 2018 - 18:14
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The Grand Ranch
post Sat, 6 Oct 2018 - 18:23
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QUOTE (stamfordman @ Sat, 6 Oct 2018 - 19:13) *
Is the name and address correct on the charge certificate? And problems with post?


Yes, name and address are correct on both the letters I received. I genuinely did not receive the original PCN, if I had done I would have paid straight away. I've lived and driven for long enough in London to know that you just pay the damn things! Unless you think it's received in error, of course.
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stamfordman
post Sat, 6 Oct 2018 - 18:32
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Actually this looks disgraceful to me - the enforcement agents have sent you a letter chasing the CC before the debt was registered? I can't see that is it is right for Marston to be involved.

The key is to find out if the debt has been registered.

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The Grand Ranch
post Sat, 6 Oct 2018 - 18:53
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QUOTE (stamfordman @ Sat, 6 Oct 2018 - 19:32) *
Actually this looks disgraceful to me - the enforcement agents have sent you a letter chasing the CC before the debt was registered? I can't see that is it is right for Marston to be involved.

The key is to find out if the debt has been registered.


I don't appear to have any CCJ's against my name so perhaps they haven't got that far yet. I would have thought they'd have written to me again giving me the chance to pay or to file the witness statement.
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PASTMYBEST
post Sat, 6 Oct 2018 - 19:05
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So first thing Monday phone TEC on this number tel:0300 123 1059 you will have to be patient but they will answer. ask them only Has the PCN been registered, if so when,


PCN debts do not cause a CCJ against you


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stamfordman
post Sat, 6 Oct 2018 - 19:05
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Councils can't go down the CCJ route for PCNs - they use agents (bailiffs) such as Marston.


There's nothing stopping you calling Wandsworth on Monday and ask if they accept a late rep on the grounds you didn't get the PCN, and you can also find out if they have registered the debt and the recovery letter has gone astray but I would have thought you'd have had a bailiff visit by now if so. The Traffic Enforcement centre will also tell you if the debt has been processed by them.
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The Grand Ranch
post Sat, 6 Oct 2018 - 19:15
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QUOTE (stamfordman @ Sat, 6 Oct 2018 - 20:05) *
Councils can't go down the CCJ route for PCNs - they use agents (bailiffs) such as Marston.


There's nothing stopping you calling Wandsworth on Monday and ask if they accept a late rep on the grounds you didn't get the PCN, and you can also find out if they have registered the debt and the recovery letter has gone astray but I would have thought you'd have had a bailiff visit by now if so. The Traffic Enforcement centre will also tell you if the debt has been processed by them.


Thanks, will give them a call on Monday. Was I wrong to wait for an order of recovery to be sent via the mail? I read several threads that seemed to suggest you have to wait for it to arrive in the post, and it's at that stage you file a witness statement so you can get the PCN "reset" to the original £65.

QUOTE (PASTMYBEST @ Sat, 6 Oct 2018 - 20:05) *
So first thing Monday phone TEC on this number tel:0300 123 1059 you will have to be patient but they will answer. ask them only Has the PCN been registered, if so when,


PCN debts do not cause a CCJ against you


Thanks, will call them and see what they have to say.
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stamfordman
post Sat, 6 Oct 2018 - 19:16
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No you're not wrong but you need to check if it's been issued and gone astray as the last thing you want is for your car to be clamped.

Call TEC first as it's they who register debts.
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PASTMYBEST
post Sat, 6 Oct 2018 - 19:25
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QUOTE (stamfordman @ Sat, 6 Oct 2018 - 20:16) *
No you're not wrong but you need to check if it's been issued and gone astray as the last thing you want is for your car to be clamped.

Call TEC first as it's they who register debts.



you were not wrong but your opening thread made it sound as if you had ignored the order for recovery, waiting for enforcement action

What it looks like is that Wandsworth have slipped in an extra step that IMO verges on illegal. Marston's seem to be acting as a debt collector not a bailiff in this case, that's why I suggest you contact TEC not the council. they can do naff all if the debt is not registered


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The Grand Ranch
post Sat, 6 Oct 2018 - 20:02
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QUOTE (PASTMYBEST @ Sat, 6 Oct 2018 - 20:25) *
QUOTE (stamfordman @ Sat, 6 Oct 2018 - 20:16) *
No you're not wrong but you need to check if it's been issued and gone astray as the last thing you want is for your car to be clamped.

Call TEC first as it's they who register debts.



you were not wrong but your opening thread made it sound as if you had ignored the order for recovery, waiting for enforcement action

What it looks like is that Wandsworth have slipped in an extra step that IMO verges on illegal. Marston's seem to be acting as a debt collector not a bailiff in this case, that's why I suggest you contact TEC not the council. they can do naff all if the debt is not registered


Ah I see, so in theory the debt collecting letter should arrive after the debt has been registered? I understand now why my opening thread would seem confusing.
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Neil B
post Sat, 6 Oct 2018 - 20:50
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Just a point of order.
QUOTE (The Grand Ranch @ Sat, 6 Oct 2018 - 17:23) *
Following advice on this forum,

That confused too.
No one gave you advice because you hadn't asked.

Not to worry, sorted now.

Oh and -
QUOTE (The Grand Ranch @ Sat, 6 Oct 2018 - 19:23) *
I would have paid straight away. I've lived and driven for long enough in London to know that you just pay the damn things!

No, that's wrong too.


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

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The Grand Ranch
post Mon, 8 Oct 2018 - 18:53
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UPDATE: Called the TEC number today, they told me that the debt has not been registered and that I have to wait for a letter from the Local Authority. They said it can take a few months.

Is it worth a call to Wandsworth Council to see if they will consider reseting the PCN? Or better to just wait and follow the process of filing a witness statement?

Thanks in advance
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Neil B
post Mon, 8 Oct 2018 - 19:10
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Just check with TEC every 12-15 days or so; no longer.


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

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PASTMYBEST
post Mon, 8 Oct 2018 - 20:04
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QUOTE (Neil B @ Mon, 8 Oct 2018 - 20:10) *
Just check with TEC every 12-15 days or so; no longer.


follow the advice once you receive and order for recovery you submit a SD and they have no choice but to re set


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The Grand Ranch
post Mon, 3 Dec 2018 - 11:56
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Update: Spoke with the TEC again this morning. It's still not been registered with them; Perhaps it's been cancelled? Worth a call to the council? I've not had any further correspondence since my last letter dated in July.

Lady at the TEC said it normally takes 2-3 weeks to be registered with them.
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The Grand Ranch
post Fri, 17 May 2019 - 18:36
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Received the order of recovery today along with the option to return the stat declaration. Original pcn was issued on the 9th of May 2018! Fortunately I put a redirect on my mail as I've since moved and sold the car! Apparently it needs to be witnessed by a commissioner of oaths before I return the form to the county court.
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PASTMYBEST
post Fri, 17 May 2019 - 18:41
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QUOTE (The Grand Ranch @ Fri, 17 May 2019 - 19:36) *
Received the order of recovery today along with the option to return the stat declaration. Original pcn was issued on the 9th of May 2018! Fortunately I put a redirect on my mail as I've since moved and sold the car! Apparently it needs to be witnessed by a commissioner of oaths before I return the form to the county court.


That's right, free at your local county court or any solicitor for a small fee. Come back here when the PCN is re set as the delay in enforcement could win on its own


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