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Neil B
Posted on: Today, 10:52


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What was the pcn for?

and what deadline does the OfR give you?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812107 · Replies: 2 · Views: 0

Neil B
Posted on: Yesterday, 22:24


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This forum is currently unreliable and having frequent outages. It only came back on yesterday.

Given the importance of your case I really recommend you post on our new forum here > https://www.ftla.uk/index.php?board=3.0
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812066 · Replies: 5 · Views: 0

Neil B
Posted on: Yesterday, 18:51


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Well done.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812043 · Replies: 10 · Views: 253

Neil B
Posted on: Yesterday, 18:49


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You've not mentioned which borough or any exact dates?

You should not make the application to TEC without input from here, once we have the detail required.

There is no great rush, since you are no longer under threat, so you might want to use the county court to swear/witness.
That's a bit too much for a solicitor to charge.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812042 · Replies: 5 · Views: 0

Neil B
Posted on: Sun, 24 Mar 2024 - 20:50


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Can we just have the date of the Charge Certificate?

Then we can tell you what to do and how to keep safe meanwhile.

And that will be the limit of my interest.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811889 · Replies: 18 · Views: 0

Neil B
Posted on: Sun, 24 Mar 2024 - 19:20


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QUOTE (Slapdash @ Sun, 24 Mar 2024 - 19:50) *
Non receipt of the PCN is grounds for a statutory declaration so the debt cannot he registered, but you must keep on top of it.

Nope; it's the much less cumbersome 'Witness Statement'.

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811879 · Replies: 18 · Views: 0

Neil B
Posted on: Sun, 24 Mar 2024 - 14:27


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QUOTE (Jimmy_G333 @ Sun, 24 Mar 2024 - 15:06) *
Some blatantly incorrect and unhelpful replies here. Why open your mouth on a subject if you know nothing about it or aren't going to bother reading the original post properly?

Apologies if I was meant to post copies of the PCN's. I will take pictures of them. Will it honestly make much difference posting them? It doesn't really help my problem that no matter who I appeal to in writing I never get a response.

You asked advice.

We tell you what we need.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811851 · Replies: 18 · Views: 0

Neil B
Posted on: Sun, 24 Mar 2024 - 12:56


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QUOTE (Jimmy_G333 @ Sun, 24 Mar 2024 - 13:29) *
**This is the most concerning one** - BS58557693 this arrived today for an alleged CAZ PCN on 12/01/2024. It says they have not received any response or payment so we have lost our right to make any representation for it. This is the first letter we have received about this PCN! We have never received an original PCN letter about it. Any advice on how to address this? There is a contact link for Parking Services on the letter so I guess I should start there?

No, don't do that. There's a simple reset process but you haven't shown us ANY notices?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811839 · Replies: 18 · Views: 0

Neil B
Posted on: Sun, 24 Mar 2024 - 11:19


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QUOTE (mtaylor87 @ Sun, 24 Mar 2024 - 11:32) *
I've been trying to figure out the argument which Mick has raised here but still can't put my finger on it. Is it some ambiguity in the wording? If so, what is the specific issue and does anyone else think it would be a good point to include

No, because he's wrong.

The issue you can't put your finger on is that the date of notices is different to the date they are 'served', which the law says is two working days later.

But the 'ambiguity' is not where he suggests but in the 2003 Act itself.
Mick quotes from the main section of the act, which appears to suggest the PCN is wrong. But the 28 day period for representations isn't defined there.
It is defined in Schedule 1 as beginning from the date of service. and they cannot serve a Charge Certificate before that period expires.
Ergo, the wording of the PCN is correct.

We've actually won a lot of cases where the PCNs stated as Mick suggests. Haringey, for instance, have recently corrected their PCNs to read as yours does.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811827 · Replies: 18 · Views: 0

Neil B
Posted on: Fri, 15 Mar 2024 - 01:38


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QUOTE (lax888 @ Thu, 14 Mar 2024 - 19:25) *
That’s why I asked that as you can see. I’m still unsure on who I should listen to in this forum tbf as you guys are giving me different information and it seems some of you don’t like each other so forgive me if I’m pretty confused.

BA and myself are not really disagreeing but the terminology is very important, particularly as you've told us English is not your first language. (<<< Pay attention BA!!)
TEC CANNOT have told you that Orders for Recovery were 'issued' on a certain date.
It's very simple to understand why ---because they don't issue them!; that is the job of local councils, in this case Ealing.

TEC can only have told you when Ealing 'registered' the debt with them ---- and that's probably what they told you.
Which is why I asked if language was perhaps the problem here?

Once the debt is registered the council have 15 days to serve the OfR; so you can see that TEC cannot know what the date of issue is. Is this making sense now?

The reason this is so important is because of that status annotation, 'No D R sent'.

If they really never issued the OfRs then your OOTs become easy and shouldn't be opposed.
Then, of course, it's possible that this applies to the other 7 as well.

btw: can i ask what your first language is?
(I've recently sadly upset a close friend because we both use Google translate English <> Russian because the languages are so different in the way we each say things; it's not just a matter of translating words, you have to convey the meaning correctly.)
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811633 · Replies: 60 · Views: 971

Neil B
Posted on: Thu, 14 Mar 2024 - 17:30


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QUOTE (lax888 @ Thu, 14 Mar 2024 - 18:18) *
TEC said orders of recovery for the last 2 were issued on 19/05/22.

NO. They can't have said that.
TEC cannot possibly know that.
I asked you ask two specific questions. When were the debts registered? was the first.
Is this a language issue perhaps?

Tip. When speaking to TEC only ask the questions we ask you to. Don't go getting into conversations with them; you will get confused and so will they.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811609 · Replies: 60 · Views: 971

Neil B
Posted on: Thu, 14 Mar 2024 - 16:39


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QUOTE (Bailiff Advice @ Thu, 14 Mar 2024 - 16:21) *
My concern is the same as Neil's in that Parking Service have oddly stated that NO DR issued.

It's not unusual for Ealing to cock up process. We see lots of Charge Certificates go unregistered for more than 12 months.
But this one has the added intrigue of that final note.

Looks like they may be in breach of 75.3 (5)
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811601 · Replies: 60 · Views: 971

Neil B
Posted on: Thu, 14 Mar 2024 - 13:16


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QUOTE (lax888 @ Thu, 14 Mar 2024 - 12:54) *
Ok will do. Just got a reply from parkingservices that there are 2 more outstanding which haven’t been sent to Marston.
Dates 31/01/22 & 03/02/22. I can see I can still pay them on the council website so shall I just pay them today?
Amount again £204 each.
Status No Dr Sent

The amounts for those two don't make sense.
They include the £9 debt registration fee but then the status doesn't match.
Can you show us a screenshot of that webpage please.

You also need to phone TEC, separately for these two and ask >
> The dates on which the debts were registered?
> If you are still able to make 'in-time' Statutory Declarations and the deadline for those.

Do not confuse these with any other issue and NO, don't pay at the moment.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811585 · Replies: 60 · Views: 971

Neil B
Posted on: Wed, 13 Mar 2024 - 14:23


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QUOTE (jimsecurity @ Wed, 13 Mar 2024 - 14:04) *
it's not going to end well for you, mate!

Are you threatening me? rolleyes.gif


  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811398 · Replies: 60 · Views: 971

Neil B
Posted on: Wed, 13 Mar 2024 - 12:09


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QUOTE (jimsecurity @ Wed, 13 Mar 2024 - 02:25) *
TFL, oversees matters within my neck of the woods regarding bus lanes.

I'm not sure whether to correct your spelling or just ROFL rolleyes.gif
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811382 · Replies: 60 · Views: 971

Neil B
Posted on: Wed, 13 Mar 2024 - 00:06


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QUOTE (Driver22 @ Tue, 12 Mar 2024 - 16:10) *
I accept that an appeal may or may not succeed but that’s not my main focus here. I am more concerned with the fact that the tribunal misinformation directly caused us to abandon our appeal.

So what do you expect to achieve exactly?
It ha already been explained how you can submit a late appeal and I accept that you feel you have reasons for that; although no one seems to be able to confirm it (?).
So do it ----- and then what?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811325 · Replies: 12 · Views: 283

Neil B
Posted on: Tue, 12 Mar 2024 - 12:43


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QUOTE (lax888 @ Tue, 12 Mar 2024 - 12:37) *
Marston, a debt collector agency.

They very occasionally act as debt collectors but are normally, as here, Enforcement Agents aka bailiffs.
Why are you telling us how things work?
and why haven't you answered HCA's request for specifics?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811212 · Replies: 60 · Views: 971

Neil B
Posted on: Tue, 12 Mar 2024 - 10:43


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QUOTE (NP2087 @ Mon, 11 Mar 2024 - 19:26) *
Am I right in the understanding that this should have been done long before now (Within 6 months of the date of offence?)

No.
I suggest you start by giving us what we need.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811191 · Replies: 9 · Views: 140

Neil B
Posted on: Tue, 12 Mar 2024 - 10:25


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QUOTE (Taffer1 @ Tue, 12 Mar 2024 - 09:29) *
you can always try and appeal to London Tribunals - they may or may not accept - its up to them. They can accept late appeals if they want, if you explain maybe

That.
But do you have any particular reason to believe an appeal would succeed if heard?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811188 · Replies: 12 · Views: 283

Neil B
Posted on: Mon, 11 Mar 2024 - 08:45


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QUOTE (Slapdash @ Sun, 10 Mar 2024 - 16:20) *
QUOTE (MauriceD @ Sun, 10 Mar 2024 - 14:16) *
Is it reasonable that motorists would understand what an SS1 is , let alone be able to understand that continuing up a dimly lit street would incur a fine at 6pm?


No and yes.

You knew it was no vehicles, except something. If you dont know whether or not you fit into something then just assuming you do is foolish.

That's it in a nutshell. Slapdash puts it very well. There are thousands of streets, particularly in London, that you can no longer access.
But the problem is exacerbated because you haven't shown the relevant sign, only an AWS. You don't seem to have recognised the actual point of restriction at all?







  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811067 · Replies: 8 · Views: 242

Neil B
Posted on: Sat, 9 Mar 2024 - 16:26


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Point taken, now you've highlighted the dates HCA
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1810947 · Replies: 54 · Views: 2,169

Neil B
Posted on: Sat, 9 Mar 2024 - 13:25


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QUOTE (Gert @ Sat, 9 Mar 2024 - 10:34) *
I would go to Tribunal on that argument.


Did you miss where the OP expressed being a bit fed up with the whole thing?

With HCA and myself having been at pains to reassure them and keep things simple it's maybe not appropriate to be suggesting extra and unnecessary correspondence.
Particularly so since your 'plan B' results in the same discoveries and options as your 'option A'; due to the tribunal standing directions on handling cases resulting from Witness Statements.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1810930 · Replies: 54 · Views: 2,169

Neil B
Posted on: Fri, 8 Mar 2024 - 14:52


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You are overthinking this --- stop it.

Read my last post again.

And no., it seems you made representations correctly, so long as you included the pcn number in your e-mail?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1810844 · Replies: 54 · Views: 2,169

Neil B
Posted on: Fri, 8 Mar 2024 - 08:20


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QUOTE (Incandescent @ Fri, 8 Mar 2024 - 01:27) *
If so, then you now have to wait for the Order for Recovery, which is sent when the council, getting no payment of the CC, register the debt at the TRaffic Enforcement Centre. This adds £9 to the CC amount. When the council send out the OfR, they normally enclose the form for submitting a Statutory Declaration. There is a box to tick on this for "I submitted representations against the Notice to Owner, but did not receive a rejection of those reps"

Provided you submit your SD within 21 days of the OfR, it will automatically be accepted, and the matter is reset to the NtO stage. As you submitted reps, the council are obliged to request the adjudicator issue instructions on what to do. The adjudicator will want to see your reps, so I hope you haven't deleted the email !

Here is Schedule 1 of the relevant regulations. The part applicable to what to do if an SD is accepted is in Part 4 "Directions as to invalid notices"

I've made bold the important part.
This is all that currently matters.
But it won't need a Statutory Declaration; rather, the simpler TE9 Witness Statement.

But you now need to be proactive to make sure you don't miss the Order for Recovery.
The easiest way to do this is to keep checking the PCN payment portal to see when it increases by £9.
If that happens come back here and tell us immediately.

and please answer the question about where exactly you sent your e-mail representations.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1810787 · Replies: 54 · Views: 2,169

Neil B
Posted on: Wed, 6 Mar 2024 - 20:28


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|it isn't due yet and I'm sure others will be advising you in good time.

Just let us know when the NtO arrives
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1810583 · Replies: 25 · Views: 775

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