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Charge Certificate for 31J without a PCN
mkokogr
post Sun, 7 Apr 2019 - 22:29
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Hi everybody,


I am new here and this is my first post!

I've received a Charge Certificate, dated 20 Mar 2019.
Attached File  CCF07042019c.pdf ( 473K ) Number of downloads: 62

The CC states that a PCN was issued on 08 Feb 2019, which I never received as nothing has ever come through the post.
The charge is for Contravention 31J is “entering and stopping in a box junction when prohibited”.
The original charge was £130 (reduced to £65 if paid within 14 days apparently) but this charge certificate is now demanding £130 plus £65 surcharge fee = £195!
I tried to reach Barnet Parking Team by phone repeatedly to explain the situation, unfortunately without any success.
Therefore I contacted them on the 25 Mar 2019 through the Barnet council website.
I received their answer (see 2nd attached file) 3 days later:

'As a gesture of good will, we have offered a period of 14 days to pay the full statutory amount of £130.00. If no payment is made within 14 days, the case will progress further and the charge will increase.
If you do not pay within 14 days:
- The Council will register the full balance currently outstanding as a debt with the Northampton County Court.
- You will incur an additional £8 charge.
- You will then be sent an Order for Recovery which outlines details of the action you are required to take.'
Attached File  00127009a.pdf ( 102.1K ) Number of downloads: 64

I really wouldn't mind paying the £65 but the extra is ludicrous! I want to fight this in the best way possible.

My question is; should I risk not paying the amount of £130.00 and wait for the Order for Recovery?
What is the best way for dealing with this matter.
Any help is much appreciated.

Thank you.

MK

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post Sun, 7 Apr 2019 - 22:29
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stamfordman
post Sun, 7 Apr 2019 - 23:23
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Wait for the order for recovery - you can then make a statement that you'd didn't get the PCN and they must the reissue then PCN. You will not have to pay more than £65 and we can look at the contravention to see if we can get you off it completely.

is the address on the charge certificate correct. and is it your car registered to you.

This post has been edited by stamfordman: Sun, 7 Apr 2019 - 23:24
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hcandersen
post Mon, 8 Apr 2019 - 09:56
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If it were me:

Dear Mr. Moorwood,
RE: Charge Certificate Late Rejection for Penalty Charge Notice (PCN):


Thank you for your letter dated 28 March 2019 the contents and tone of which surprised me as I made it clear that I had not received the PCN.

So, adopting the style of your letter:

What happens next?
If the authority wish to pursue this penalty then they should:
1. Register the full balance currently outstanding as a debt with the Northampton County Court at which point:
- you will then incur an additional £8 charge.
- you should then send me an Order for Recovery.

2. Cancel the charge certificate on direction of TEC following my in-time submission of a statutory declaration.

3. Decide whether you wish to reissue a PCN at which point my formal right of appeal against the penalty would be available to me, contrary to the statement in para. 3 of your letter.

Hugs
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mkokogr
post Mon, 8 Apr 2019 - 20:26
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QUOTE (stamfordman @ Mon, 8 Apr 2019 - 00:23) *
Wait for the order for recovery - you can then make a statement that you'd didn't get the PCN and they must the reissue then PCN. You will not have to pay more than £65 and we can look at the contravention to see if we can get you off it completely.

is the address on the charge certificate correct. and is it your car registered to you.


Many thanks for the prompt response.

I confirm that the address on the CC is correct and the vehicle is registered to me.
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mkokogr
post Wed, 17 Jul 2019 - 00:38
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Hi everybody,


just a quick update:

1. On May 10th 2019, the PCN Attached File  Penalty_Charge_Notice_8Feb19.pdf ( 573.54K ) Number of downloads: 86
dated 08/02/2019 was received. I didn't pay it.

2. On July 16th 2019, the Order for Recovery and the Statuory Declaration of unpaid PC Attached File  Order_for_Recovery_of_unpaid_PC__8Jul19pdf.pdf ( 553.04K ) Number of downloads: 72
were received as well.

What is the best way for dealing with this matter now?

Shall I declare that I have not received the PCN?

That wouldn' t be true...

Any help is much appreciated.

Thank you.

MK
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stamfordman
post Wed, 17 Jul 2019 - 07:37
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QUOTE (mkokogr @ Wed, 17 Jul 2019 - 01:38) *
Hi everybody,

1. On May 10th 2019, the PCN Attached File  Penalty_Charge_Notice_8Feb19.pdf ( 573.54K ) Number of downloads: 86
dated 08/02/2019 was received. I didn't pay it.



EDIT

So how did this PCN arrive? In the post?

To be clear - you got a charge certificate for this PCN, and then the PCN appeared later?

This post has been edited by stamfordman: Wed, 17 Jul 2019 - 07:57
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mkokogr
post Wed, 17 Jul 2019 - 15:35
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QUOTE (stamfordman @ Wed, 17 Jul 2019 - 08:37) *
QUOTE (mkokogr @ Wed, 17 Jul 2019 - 01:38) *
Hi everybody,

1. On May 10th 2019, the PCN Attached File  Penalty_Charge_Notice_8Feb19.pdf ( 573.54K ) Number of downloads: 86
dated 08/02/2019 was received. I didn't pay it.



EDIT

So how did this PCN arrive? In the post?

To be clear - you got a charge certificate for this PCN, and then the PCN appeared later?



Exactly! It was received by post, after the CC.

What am I supposed to do now?


MK

This post has been edited by mkokogr: Wed, 17 Jul 2019 - 15:38
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Incandescent
post Wed, 17 Jul 2019 - 16:06
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The PCN must be posted on the day it is produced. Was it ? I see it is dated 8th Feb, a few days after the detection date. So either the Royal Mail lost it temporarily, or it was not sent out in accordance with the regulations. If this were me, I'd be querying the posting date with them.
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cp8759
post Wed, 17 Jul 2019 - 20:02
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The view we normally take is the words "I did not receive the Penalty Charge Notice" should be read as "I did not receive the Penalty Charge Notice before the end of the relevant 28 day period" because if the PCN is received outside of the 28 day payment / representations period, you can't pay the penalty at the original amount and the council is not required to consider your representations. To say that in your position you have no choice but to appeal to the goodwill of the council or pay the OfR amount would defeat the whole purpose of the witness statement process.

In light of that, I would just file a witness statement saying you did not receive the PCN. I would not contact the council to be honest, that is only likely to cause problems IMO.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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