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Charge certificate plus more, What is the next step?
chrisSM
post Mon, 21 May 2018 - 20:03
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Hi there. I just want to say I tried to find what to do now on this forum but I'm stock on statutory declaration. From where I can get this, council should send this to me? Last letter from them ( order for recovery) informed me I have to : "File a statutory declaration on the enclosed form and send it to the Traffic Enforcement Center..."
They didn't enclosed this declaration. From where I can take this? Please note, 1st correspondence regarding this PCN was Charge Certificate, never received PCN etc









Thank you

Chris
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post Mon, 21 May 2018 - 20:03
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Neil B
post Mon, 21 May 2018 - 20:19
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QUOTE (chrisSM @ Mon, 21 May 2018 - 21:03) *
Please note, 1st correspondence regarding this PCN was Charge Certificate, never received PCN etc


You've got the PCN.


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

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chrisSM
post Mon, 21 May 2018 - 20:23
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Hi Neil. As you can see this is Copy and they send me this few days ago with order for recovery
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Neil B
post Mon, 21 May 2018 - 20:29
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QUOTE (chrisSM @ Mon, 21 May 2018 - 21:23) *
Hi Neil. As you can see this is Copy and they send me this few days ago with order for recovery

Ah.
So what is the first image? That doesn't say copy?

Also, the copy has a date missing? What date of PCN is mentioned in their letter?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
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hcandersen
post Mon, 21 May 2018 - 20:30
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1st correspondence regarding this PCN was Charge Certificate, never received PCN etc.


And yet you've posted the PCN. Pl explain.

Anyway, assuming you came by this later then submit a SD. That they did not enclose one is not IMO a winning line at appeal, so just download it - https://www.gov.uk/government/publications/...y-charge-notice

Note the potential penalties for filing a false declaration.
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Neil B
post Mon, 21 May 2018 - 20:38
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QUOTE (hcandersen @ Mon, 21 May 2018 - 21:30) *
1st correspondence regarding this PCN was Charge Certificate, never received PCN etc.


And yet you've posted the PCN. Pl explain.

He has. I made the same mistake.

Query first image though.

QUOTE (chrisSM @ Mon, 21 May 2018 - 21:03) *
They didn't enclosed this declaration. From where I can take this?

QUOTE (chrisSM @ Mon, 21 May 2018 - 21:03) *
( order for recovery)

Turn it over!


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
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chrisSM
post Mon, 21 May 2018 - 21:33
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This is the back Neil:
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chrisSM
post Mon, 21 May 2018 - 21:46
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Sorry I can't add photo link.
There is information how to pay or complete enclosed statutory declaration. Now I know from where I can take it, thanks. No information on the back from where I can download it. I will try add picture tomorrow.

This post has been edited by chrisSM: Mon, 21 May 2018 - 21:46
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Neil B
post Mon, 21 May 2018 - 22:06
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The back normally IS the SD.

Host images externally and post image codes here. e.g Imgur or Tinypic.

What about my query re first image?

and question about date?


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chrisSM
post Mon, 21 May 2018 - 22:19
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1st image is the back of Penalty Charge Notice ( copy) as you can see on the bottom is date 17/05/2018 but PCN is from 19/01/2017. Why?
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chrisSM
post Mon, 21 May 2018 - 23:13
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Neil B
post Mon, 21 May 2018 - 23:42
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QUOTE (chrisSM @ Mon, 21 May 2018 - 23:19) *
1st image is the back of Penalty Charge Notice ( copy) as you can see on the bottom is date 17/05/2018 but PCN is from 19/01/2017. Why?

Yeah, sorry I'm not completely paying attention to images, so ok that's the back of the copy just received.
It's ridiculous for them to date it May; so it's not a true copy at all.

It's unusual for a Council to send a copy PCN with an OfR and it makes me suspicious - why? The missing date is suspect:
19/1 is just the contravention date; PCNs are sent up to 25 days later.
So did their letter of 9/4/18 mention the original date of the PCN?

(The SD will get you a fresh PCN but looking at these issues could beat that later).

--
You still haven't shown the back of the OfR ?
(the front is rubbish btw; we'll use that later)


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chrisSM
post Tue, 22 May 2018 - 06:21
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Hi Neil. This is the back of OfR:


Thank you
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Neil B
post Tue, 22 May 2018 - 10:19
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QUOTE (chrisSM @ Tue, 22 May 2018 - 07:21) *
Hi Neil. This is the back of OfR:

Ok, get your own PE3 and get it sworn and sent off.

I'm shocked cos the flip side is normally it.

For later, they are in breach of Civil Procedure Rules.

75.3
(1) The authority must file a request in the appropriate form scheduling the amount claimed to be due.

(4) On receipt of a registered request the authority may draw up the order and must


(b) attach to the order a form of statutory declaration or witness statement for the respondent's use.


Come back when you hear from TEC. About a week.

----

You still have haven't answered my question -
QUOTE (Neil B @ Tue, 22 May 2018 - 00:42) *
So did their letter of 9/4/18 mention the original date of the PCN?



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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
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hcandersen
post Tue, 22 May 2018 - 10:37
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The SD states clearly that the SD is enclosed.

You say it wasn't, they'll claim it was. IMO, it's a red herring anyway because procedural impropriety is not grounds of appeal.

So, download the form, complete, sign/get witnessed, send to TEC.

Then we can see whether you have grounds for making reps against the PCN...once you've got it.

This post has been edited by hcandersen: Tue, 22 May 2018 - 10:37
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chrisSM
post Tue, 22 May 2018 - 18:27
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Will do that.
Neil no any other dates a specially no Date of Notice, it is Blank as you can see. as well no date of Notice on the other correspondence from Ealing.
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Neil B
post Tue, 22 May 2018 - 23:59
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QUOTE (chrisSM @ Tue, 22 May 2018 - 19:27) *
Will do that.
Neil no any other dates a specially no Date of Notice, it is Blank as you can see. as well no date of Notice on the other correspondence from Ealing.

I have a suspicion they never sent you a PCN, since they clearly can't produce a viable copy.

We can't prove it yet -- but later.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
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chrisSM
post Wed, 23 May 2018 - 08:54
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The true is I never received it Neil and nothing until Certificate. I see a lot people have similar problem, this should be show in Tv. I have to go now to Solicitor and pay them for Statutory declaration because their mistake. Thanks Neil

This post has been edited by chrisSM: Wed, 23 May 2018 - 08:55
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chrisSM
post Wed, 23 May 2018 - 10:31
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What is the best way to send this to TEC?
Recorded delivery or 1st class with proof of postage?
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Neil B
post Wed, 23 May 2018 - 11:10
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QUOTE (chrisSM @ Wed, 23 May 2018 - 11:31) *
What is the best way to send this to TEC?
Recorded delivery or 1st class with proof of postage?

e-mail

tec@hmcts.gsi.gov.uk


This post has been edited by Neil B: Wed, 23 May 2018 - 11:11


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