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PCN but no marking/bays and parked off road, Threads merged
My_space
post Wed, 24 Oct 2018 - 12:41
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I have been given PCN for not parking in a marked bay however there are no markings and the location is all off road so it cannot be classed as a parking spot anyway, i will add pictures shortly

This post has been edited by My_space: Wed, 24 Oct 2018 - 13:47
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post Wed, 24 Oct 2018 - 12:41
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Neil B
post Sun, 7 Apr 2019 - 16:02
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QUOTE (My_space @ Sat, 6 Apr 2019 - 19:21) *
Before i contact TEC, what if leave it alone on the grounds that the date has passed so its impossible for me to do anything away, so for that reason i ignored it?

At the end of the day if it is an error, its their error not mine.

Then bailiffs arrive, asking MUCH more money and take your car.

Or -
you could do as Dad advised
and
show the docs cp asked for.


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

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Longtime Lurker
post Mon, 8 Apr 2019 - 20:08
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QUOTE (My_space @ Sat, 6 Apr 2019 - 19:58) *
what does OfR stand for?

Order for Recovery - the document you posted a picture of on March 31st

... now you need to show us the rest of the documents. We can only give you accurate advice if we know exactly what you've received, in full. Just coming back and asking questions isn't getting us any closer to seeing the full picture.
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My_space
post Sat, 13 Apr 2019 - 10:16
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PCN 23.10.18
https://imgur.com/qRbEkNS

Notice to owner 14.01.19
https://imgur.com/B3S3fKL

Charge certificate 20.02.19
https://imgur.com/Il3lAkR

TE3 27.03.19
https://imgur.com/GUv41ih



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cp8759
post Sat, 13 Apr 2019 - 19:59
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Did you challenge the Notice to Owner? If so, when did you send your challenge and how (online or by post)?

Also, show us the back of the PCN in full, and the remaining pages of the Notice to Owner.


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My_space
post Sun, 14 Apr 2019 - 11:33
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Sent the challenge online but was told they did not receive it after i called up

back of PCN:
https://imgur.com/2mvVOfE

NTO pages:
https://imgur.com/Fw3Ibot
https://imgur.com/To3BzhL

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John U.K.
post Sun, 14 Apr 2019 - 12:15
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Sent the challenge online but was told they did not receive it after i called up

e-mail or online portal?
Did you get any sort of automatic acknowledgement of receipt?
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Neil B
post Sun, 14 Apr 2019 - 12:24
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QUOTE (My_space @ Sun, 14 Apr 2019 - 11:33) *
Sent the challenge online but was told they did not receive it after i called up

When?
Have we seen your copy of your reps?

--
This is like getting blood from a stone. huh.gif


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

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cp8759
post Sun, 14 Apr 2019 - 16:24
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Are those definitely all the pages of the Notice to Owner? If yes, then you have a potential easy win (if we can get the PCN reset), as the council has omitted some key information. If there are any other pages, post them up.

How did you send your challenge, and did you keep a copy?


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My_space
post Mon, 15 Apr 2019 - 08:26
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QUOTE (My_space @ Sun, 14 Apr 2019 - 12:33) *
Sent the challenge online but was told they did not receive it after i called up

back of PCN:
https://imgur.com/2mvVOfE

NTO pages:
https://imgur.com/Fw3Ibot
https://imgur.com/To3BzhL


sorry i meant sent the challenge by post, it does say on the NTO "See overleaf for: How to make representations" but there nothing about that on any other documents

This post has been edited by My_space: Mon, 15 Apr 2019 - 08:33
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My_space
post Mon, 15 Apr 2019 - 08:39
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QUOTE (cp8759 @ Sun, 14 Apr 2019 - 17:24) *
Are those definitely all the pages of the Notice to Owner? If yes, then you have a potential easy win (if we can get the PCN reset), as the council has omitted some key information. If there are any other pages, post them up.

How did you send your challenge, and did you keep a copy?


Yes that is all the pages of the NTO, there was no page on How to make representations

I sent my challange by post, not online
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cp8759
post Mon, 15 Apr 2019 - 08:59
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The NtO should tell you that if your representations are rejected, you can appeal to the independent adjudicator. If it doesn't mention that, the NtO is flawed and invalid. However at this point that's not important. Do you have a copy of your representations, and proof of postage?

In any event you need to challenge the OfR on the basis that you made representations to the enforcement authority but did not receive a reply, there should be instructions on the back of the form explaining this.


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hcandersen
post Mon, 15 Apr 2019 - 16:49
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The objective fact is that the OP has an OfR dated 1 Feb. which they claim was received on 27 March.


And since asked by DD ..

Ask when the PCN was registered with them and what is the last date they will accept the WS without Out of Time Request.

My assumption at the moment is that the date given is wrong but TEC will tell you.

I also assume that there is no overt reason why post should be running summat like 10 weeks late?
Address correct, not had to go through post rooms or across someone else's desk ???


there has been silence.

OP, over to you.. we do not want or need to know anything about the contravention, this is all to do with process and whether you are prepared to sign a statement of truth regarding your version of events.

So:
I suggest you get on to TEC as advised above and post back here pronto. Also pl answer DD's other queries.

This post has been edited by hcandersen: Mon, 15 Apr 2019 - 16:50
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Neil B
post Mon, 15 Apr 2019 - 20:31
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QUOTE (hcandersen @ Mon, 15 Apr 2019 - 16:49) *
The objective fact is that the OP has an OfR dated 1 Feb. which they claim was received on 27 March.


And since asked by DD ..

Ask when the PCN was registered with them and what is the last date they will accept the WS without Out of Time Request.

My assumption at the moment is that the date given is wrong but TEC will tell you.

I also assume that there is no overt reason why post should be running summat like 10 weeks late?
Address correct, not had to go through post rooms or across someone else's desk ???


there has been silence.

It's irrelevant. It is clearly wrong as debt could not be registered until mid March.


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

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hcandersen
post Mon, 15 Apr 2019 - 20:50
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The facts are as stated: the OfR says 1 Feb.

It may be wrong, but it exists.

OP, over to you still.

This post has been edited by hcandersen: Mon, 15 Apr 2019 - 20:50
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Neil B
post Mon, 15 Apr 2019 - 22:46
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QUOTE (hcandersen @ Mon, 15 Apr 2019 - 20:50) *
The facts are as stated: the OfR says 1 Feb.

It may be wrong, but it exists.

OP, over to you still.

Again, it's not relevant because so clearly wrong.

The earliest date the debt could be registered was 8/3/19

Based on receipt of 27/3 we could estimate a registration date (but won't) and it would have been
far easier if OP had just done as Dad suggested and phoned TEC.

As some of you may recall, I've often explained why the '21 days' can extend up to 36.

In this case, there's a fair chance a WS can be made 'in time' but every chance we are close to the real deadline.

Gotta say I'm bemused by the OP's tardiness in both replies and action. Rendering us powerless to help
with any momentum.

-----

My_space.

Have you filed a TE9 Witness Statement ?

Have you checked with TEC that you are still in time to do so ?

If not then your delays are heading you for costly bailiff action very, very soon.



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

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My_space
post Tue, 16 Apr 2019 - 09:26
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QUOTE (cp8759 @ Mon, 15 Apr 2019 - 09:59) *
The NtO should tell you that if your representations are rejected, you can appeal to the independent adjudicator. If it doesn't mention that, the NtO is flawed and invalid. However at this point that's not important. Do you have a copy of your representations, and proof of postage?

In any event you need to challenge the OfR on the basis that you made representations to the enforcement authority but did not receive a reply, there should be instructions on the back of the form explaining this.


I have the electronic copy of my representation, sent via stamp so no proof of postage. i sent the representation on 07.02.19

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hcandersen
post Tue, 16 Apr 2019 - 09:42
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Can we let the OP answer rather than avoid the question.

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My_space
post Tue, 16 Apr 2019 - 10:09
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Ask when the PCN was registered with them and what is the last date they will accept the WS without Out of Time Request.

PCN was registered = 25.03.19

The last date they will accept the WS without Out of Time Request = 36 days from the above
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Neil B
post Tue, 16 Apr 2019 - 12:16
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QUOTE (My_space @ Tue, 16 Apr 2019 - 10:09) *
Ask when the PCN was registered with them and what is the last date they will accept the WS without Out of Time Request.

PCN was registered = 25.03.19

The last date they will accept the WS without Out of Time Request = 36 days from the above

Good.

So go ahead.


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

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hcandersen
post Tue, 16 Apr 2019 - 12:54
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The last date they will accept the WS without Out of Time Request = 36 days from the above

Do you have this in writing?

Do NOT rely on a phone call.

Email TEC, refer to your conversation, state what you've been told and ask that should this not be correct e.g. you misheard etc, then would TEC pl confirm the correct latest date for submitting an in-time WS.

Copy to the authority for information with a covering letter e.g. I refer to the OfR issued by you dated 1 February and received by me on ***. I have established with TEC that the order is grossly defective in that it states an incorrect issue date and by extension latest date by which you state that I must submit a Witness Statement. Subject to any advice from TEC to contrary, I have established that I may submit an in-time statement up to and including ***.
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