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Order for Recovery Deadline?, Order for Recovery Deadline???
billii007
post Mon, 23 May 2022 - 16:20
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Hello everyone, first time user and finding it very confusing to try and work through the abbreviations, so please take a few minutes to explain to a layperson who has no prior knowledge of how to use this site. All replies will be gratefully received and appreciated.
I would like to know if there is a deadline in receiving an order for recovery.
I received a charge certificate for a PCN I had no prior knowledge, existed. On contacting the council, I explained i had never received the original PCn and should be allowed to pay at the reduced and discounted penalty fee. I was told to wait for the order for recovery, that would be sent from the court.
The charge notice was dated 23rd of Sept 2021, so it has been 8 months to the day that i have been waiting for the Order for recovery. I have called the courts so many times and they just tell me that the notice hasn't even been registered with them yet.
My question is , is there a deadline or a cut off time for sending out the order for recovery? I am hoping to go abroad for some fertility treatment soon and could be there for around a month..maybe longer. I dont want to miss the chance to pay the reduced amount.
ANy help would be greatly appreciated.
thank you
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post Mon, 23 May 2022 - 16:20
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cp8759
post Mon, 23 May 2022 - 16:28
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Forget about the reduced amount, if you follow our advice carefully you won't have to pay them a dime.

But we need some more information first please, so please start with posting up a copy of the Charge Certificate, just redact name and address.

Also which council is it?


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billii007
post Mon, 23 May 2022 - 20:21
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Hello
thank you for your reply. I have attached a photo of the charge cert, and I really hope what you write is true...I really need to hold on to all the money i can at the moment.
The council is Barking and Dagenham

HEre is a copy fo what I wrote to IBBD.gov.uk on the 22nd of Sep 2021, as a complaint:

pcn BZ96969562
Complaint details I received a Charge certificate from Barking and Dagenham council on Monday the 20th of September. (PCN number: BZ96969562)
The charge notice is dated 15th of Sep, so I am eager to deal with this matter asap. I tried calling the council, as I never received the original PCN. The car was being used by my carer for dropping off some items to the PDSA charity shop. Unfortunately, he never noticed the prohibited zone notices, as we have hardly ever had any reason to be in that area, and the last time we were there, must have been a few years ago, when no prohibition zone was in place.
I understand I may not be able to make an appeal against the PCN, in which case, I would like the chance to be able to pay at the discounted rate of £65. But I have received this notice for almost £200, without receiving the PCN beforehand. This is most unfair. I called the council to enquire on how to do this, and was told to go on the LBBD website to challenge the Charge certificate and explain the circumstances.
I tried to do this, but I cannot find any way to put my case forward.
I went to the page : https://www.lbbd.gov.uk/pay-a-penalty-charge-notice-pcn, and scrolled down to the "Help with your PCN " section.
Then read about the part that states: "I have received a Charge Certificate but this is the first communication I have received about this PCN? -
You will need to write to us at the address on your notice to explain the situation and an officer will consider the correspondence and respond to the registered keeper of the vehicle. More information on this process can be found in the challenges, appeals and enforcement section on this page."

However there is no address given on the charge certificate notice letter. There is just my name and address and the details of how much to pay and how to pay. No other addresses or phone numbers to be seen. I followed the second part of the advice which states "More information on this process can be found in the challenges, appeals and enforcement section on this page", and read through the advised section, but cannot see an address there either. The main part of this section advises what to do to appeal a PCN and steps following from that...nothing about what to do if someone received a charge certificate without having been issued a PCN first.
The information provided is not very clear and I have no idea to whom I am supposed o be appealing, or writing to. It almost seems like a convoluted way of putting off people from trying to appeal or challenge the process and just end p having to pay more money. I am a vulnerable disabled person and cannot afford the £195 bill, ...to be honest, I cant afford the £65 bill either, but I understand that a mistake has been made by my carer and I am responsible for it as I am the owner of the vehicle, but at least if I had received the PCN, I would have had the chance to pay the discounted fee.
Please can someone get back to me asap about this, I really dont want to have to speak to my MP, as I already suffer from anxiety and this is making it worse.
Please someone get back to me with a reply asap, I do not have much time to write and send letters within the 7 odd days left to correspond about this matter.



the reply was:

Dear Miss

Your complaint 21985685

Please be advised that Penalty Charge Notices follow a legislative route and the enquirer cannot use the Complaints Process or the Members Enquiry process to challenge or cancel a PCN. If the registered keeper believes that a PCN has been issued unfairly or incorrectly, they should submit a challenge via the correct channels as documented on the back of the PCN or the Notice to Owner letter.

Yours sincerely

Sally Jones
Members and Complaints Officer
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billii007
post Mon, 23 May 2022 - 20:32
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sorry, every time i try to attach the charge cert photo, the attachments manager shows me choosing the photo, but wont upload it and a few seconds later , it disappears, i am not sure how else to upload it now?
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hcandersen
post Mon, 23 May 2022 - 20:45
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My question is , is there a deadline or a cut off time for sending out the order for recovery? I am hoping to go abroad for some fertility treatment soon and could be there for around a month..maybe longer. I dont want to miss the chance to pay the reduced amount.

You need to manage your mail. Having said this, the world is an internet village. You do NOT need to receive an Order for Recovery in order to manage the process. You, or someone else on your behalf, can contact the Traffic Enforcement Centre to find out if an OfR has been issued.

Your treatment won't render you incapable of managing your affairs, surely.
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Neil B
post Mon, 23 May 2022 - 21:42
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QUOTE (hcandersen @ Mon, 23 May 2022 - 21:45) *
My question is , is there a deadline or a cut off time for sending out the order for recovery? I am hoping to go abroad for some fertility treatment soon and could be there for around a month..maybe longer. I dont want to miss the chance to pay the reduced amount.

You need to manage your mail. Having said this, the world is an internet village. You do NOT need to receive an Order for Recovery in order to manage the process. You, or someone else on your behalf, can contact the Traffic Enforcement Centre to find out if an OfR has been issued.

Your treatment won't render you incapable of managing your affairs, surely.

No need for that.
I think she covered that in the opening post! But as is so often the case ------------ rolleyes.gif

Sit tight for now billi, we'll think of a way to give B&D a nudge.


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

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billii007
post Mon, 23 May 2022 - 22:37
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thank you, and i await further updates.... smile.gif
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Neil B
post Mon, 23 May 2022 - 23:11
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QUOTE (billii007 @ Mon, 23 May 2022 - 21:32) *
sorry, every time i try to attach the charge cert photo, the attachments manager shows me choosing the photo, but wont upload it and a few seconds later , it disappears, i am not sure how else to upload it now?

You need to host images externally, e.g. Flickr or Imgur or similar and paste the BB codes into a reply here.
Alternatively use a cloud drive and post a link here.


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

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Neil B
post Tue, 24 May 2022 - 14:07
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QUOTE (billii007 @ Mon, 23 May 2022 - 17:20) *
I am hoping to go abroad for some fertility treatment soon and could be there for around a month..maybe longer. I dont want to miss the chance to pay the reduced amount.

I can see that makes it awkward. Do you have a firm date for that yet?


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

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cp8759
post Tue, 24 May 2022 - 16:10
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billii007 I honestly think it would be easier if I pursued a complaint on your behalf, if you'd like to take me up on that drop me a PM please.


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billii007
post Tue, 24 May 2022 - 18:09
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QUOTE (Neil B @ Tue, 24 May 2022 - 15:07) *
QUOTE (billii007 @ Mon, 23 May 2022 - 17:20) *
I am hoping to go abroad for some fertility treatment soon and could be there for around a month..maybe longer. I dont want to miss the chance to pay the reduced amount.

I can see that makes it awkward. Do you have a firm date for that yet?


Im afraid i dont right now, as i am still in talks with the doctors, but I believe it will be sometime in July.
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Neil B
post Tue, 24 May 2022 - 18:10
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QUOTE (cp8759 @ Tue, 24 May 2022 - 17:10) *
billii007 I honestly think it would be easier if I pursued a complaint on your behalf, if you'd like to take me up on that drop me a PM please.

I agree but we will have to time it to allow for her forthcoming absence?


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

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billii007
post Tue, 24 May 2022 - 18:21
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QUOTE (Neil B @ Tue, 24 May 2022 - 19:10) *
QUOTE (cp8759 @ Tue, 24 May 2022 - 17:10) *
billii007 I honestly think it would be easier if I pursued a complaint on your behalf, if you'd like to take me up on that drop me a PM please.

I agree but we will have to time it to allow for her forthcoming absence?


I am still able to be contacted by email, i just wont be here to deal with the order for recovery if it arrives after i am away
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cp8759
post Tue, 24 May 2022 - 20:52
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QUOTE (billii007 @ Tue, 24 May 2022 - 19:21) *
I am still able to be contacted by email, i just wont be here to deal with the order for recovery if it arrives after i am away

You don't need the Order for Recovery in order to file a statutory declaration, you only need to know that the debt has been registered with TEC. The relevant form can be downloaded from the gov.uk website so you can print it yourself.

Which country are you going to? As a general rule you can make a statutory declaration abroad (this is covered by section 3 of the Commissioners For Oaths Act 1889), either before a foreign court / solicitor / notary or at a British consular or diplomatic post.


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