PCN from council |
PCN from council |
Fri, 9 Sep 2016 - 21:48
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#1
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
Hi All,
I hope you are well. Some time ago I have received a PCN. I have done online representation to it. They have sent a letter asking to provide an invoice of car repair as a proof or accept the fine and pay £65 within 14 days. After that I have scanned, uploaded and submitted a scanned document via their online system. Used exactly the same PCN number and car reg number to login to online appeal facility. After 2 weeks I have received a Notice To Owner instead asking to pay £130, so no Notice of Rejection or Acceptance, so far. What should I do now. I can only do a formal representation at the moment. I assume that the previous online representation was kind of informal. I have these options on the list: A - The alleged Contravention did not occur B I was not the owner of the vehicle at the time of contravention - I have sold the vehicle before that date - I had brought the vehicle after that date - I have never owned that vehicle C - The vehicle was taken without my consent D - We are a hire firm and have supplied details E - The Penalty Charge exceeds the relevant amount F - There has been a procedural impropriety by the Enforcement Authority G - The traffic order contravened is invalid H - The Notice should not have been served because the Penalty Charge had already been paid I - Other I was going to go for Other, but not sure how they treat Other in comparison to variant F - procedural impropriety. Please advise. Thank you -------------------- |
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Fri, 9 Sep 2016 - 21:48
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Thu, 28 Dec 2017 - 15:43
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#81
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
Hi again,
I have called the number. They have registered with the Court on 20th of December. They asked to fill a form and send to them by recorded post by 10th of January. I understand this is PE9 form from: https://hmctsformfinder.justice.gov.uk/HMCT...cement%20Centre This post has been edited by John Bravo: Thu, 28 Dec 2017 - 15:47 -------------------- |
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Thu, 28 Dec 2017 - 17:56
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#82
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
TE9 not PE9
Download, tick the box that says made representations but received no reply, sign the form..... nothing else. Send to TEC, you can post or scan and email (more certain) Must be before 10th Jan. |
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Thu, 28 Dec 2017 - 20:29
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#83
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
Ok, so I tick "I made representations about the penalty charge to the enforcing authority concerned within 28 days of the service of the Notice to Owner, but did not receive a rejection notice"
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Fri, 29 Dec 2017 - 11:26
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#84
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
I have emailed the scan of the form to them. Thanks for suggesting this way.
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Fri, 29 Dec 2017 - 11:35
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#85
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Yu should get a postal reply from them in couple of days.
Council should know by this evening. Will cancel the Charge Certificate (and OFR) Council then have option of cancelling complete PCN or passing to adjudicators for a advice on proceeding. Which should mean that adjudicators will schedule for a hearing and write to you. Anything that appears, let us know. If nothing from TEC by midweek, phone them and ask on progress. |
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Fri, 5 Jan 2018 - 15:23
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#86
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
I have the confirmation from the Court that they advise the council to revoke PCN.
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Fri, 5 Jan 2018 - 16:49
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#87
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
I have the confirmation from the Court that they advise the council to revoke PCN. No they will not revoke the PCN they must refer to the adjudicator who will likely direct that a hearing takes place -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 5 Jan 2018 - 17:23
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#88
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Member Group: Members Posts: 21,017 Joined: 22 Apr 2012 Member No.: 54,455 |
I have the confirmation from the Court that they advise the council to revoke PCN. Please post-up the letter, (suitably redacted). What TEC do is cancel the debt registration so bailiff action must then cease. The PCN is still outstanding and the regulations stipulate their next action. |
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Fri, 5 Jan 2018 - 17:48
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#89
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
As said, PCN will not be revoked by TEC
CC and OfR will be, council can then action PCN as prescribed, ie refer to adjudicator. |
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Fri, 5 Jan 2018 - 18:47
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#90
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
Yes, you are right, this is to do with CC and OfR, not PCN, my bad.
Should I contact council or wait for a letter? -------------------- |
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Fri, 5 Jan 2018 - 19:38
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#91
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
Yes, you are right, this is to do with CC and OfR, not PCN, my bad. Should I contact council or wait for a letter? Wait the onus is on them -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Wed, 10 Jan 2018 - 16:38
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#92
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
I have just received a letter from Tower Hamlets that they have cancelled OfR and CC, but not the PCN and they want to settle for £130.
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Wed, 10 Jan 2018 - 16:41
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#93
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
I have just received a letter from Tower Hamlets that they have cancelled OfR and CC, but not the PCN and they want to settle for £130. post the letter please -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Wed, 10 Jan 2018 - 17:25
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#94
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Member Group: Members Posts: 21,017 Joined: 22 Apr 2012 Member No.: 54,455 |
You're back to the start, the process has been successfully reverted, so can now pay or appeal as you did before. You won't get the discount offer, so it is pointless paying until an adjudicator tells you to.
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Wed, 10 Jan 2018 - 17:41
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#95
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
Does it mean a new appeal process at the council level? Are they going to send me the new webcode to fill the online form?
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Wed, 10 Jan 2018 - 17:43
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#96
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
Does it mean a new appeal process at the council level? Are they going to send me the new webcode to fill the online form? it shouldn't it should mean that it is referred to the adjudicator for direction, this is usually an appeal is to be made. But after a standing direction has been misinterpreted by the councils we need to be sure, hence i asked to see the letter -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Wed, 10 Jan 2018 - 19:13
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#97
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
Does it mean a new appeal process at the council level? Are they going to send me the new webcode to fill the online form? it shouldn't it should mean that it is referred to the adjudicator for direction, this is usually an appeal is to be made. But after a standing direction has been misinterpreted by the councils we need to be sure, hence i asked to see the letter Or misinterpreted by OP. How many times have we had to ask to see docs in this case? -------------------- |
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Thu, 11 Jan 2018 - 00:07
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#98
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Member Group: Members Posts: 323 Joined: 5 Dec 2015 From: London Member No.: 81,055 |
I have just received a letter from Tower Hamlets that they have cancelled OfR and CC, but not the PCN and they want to settle for £130. post the letter please Here you go: -------------------- |
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Thu, 11 Jan 2018 - 01:18
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#99
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Member Group: Members Posts: 720 Joined: 19 Dec 2017 Member No.: 95,615 |
That's a decidedly odd letter. I'd be sorely tempted to write back accepting their offer of a payment £130 in full and final settlement!
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Thu, 11 Jan 2018 - 09:07
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#100
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
No way---the OP has nothing further to lose in taking this case to adjudication. If they had offered the discount that would be another matter.
Mick |
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