Didnt receive a Notice of Rejection on PCN |
Didnt receive a Notice of Rejection on PCN |
Wed, 20 Jun 2018 - 17:40
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#1
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
So I got a PCN a while back and decided to challenge it and sent back a representation against it. I assumed they would just reject it and was expecting a notice back to that effect, but it has been nearly three months since I sent that back and I haven't heard anything. The PCN was in a hire car and reissuing the ticket in my name took them ages so I assumed they would be slow too but even so I was starting to get worried and was going to try contact them but of course they have no phone number.
Anyway today I received a "Charge Certificate" with a 50% uplift on the original amount and no mention of ways to challenge. I was planning on taking this to a tribunal to challenge but what can I do now? I assume they will say they did send out a notice of rejection but I never received anything. |
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Wed, 20 Jun 2018 - 17:40
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Wed, 20 Jun 2018 - 18:00
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Did you receive your own Notice to Owner in your own name?
-------------------- 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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Wed, 20 Jun 2018 - 18:04
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#3
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Member Group: Members Posts: 4,308 Joined: 9 May 2014 Member No.: 70,515 |
You will probably be able to re-set this with the help of the experts here when you get the OfR (Order for Recovery).
While you are waiting for the experts to chip in please 1) Urgently put up a timeline with all dates, as dates govern deadlines. Date of alleged contravention, Date of of original PCN Date of re-issued PCN Date of your challenge. Date of Charge Certificate 2) Post here copies of all paperwork received from and sent to Council, with a GSV link to the location. For how to do it, Try this: Do not attach docs/photos, but use this method: Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0 for how to do it. I use Tinypic for stage 2 with no problems. Thera are other sites, such as Flickr (where the BBcodes are concealed behind the curly arrow (click on it) for sharing), which enable you to paste the BBCodes into your post here. STAGE 1 takes care of resizing. If you use Tinypic for Stage 2, on the left each image in Tinypic is a list of links. Highlight and copy the entire link 'for forums' from the list for each image - beginning with IMG and ending /IMG (include all the square brackets [ ] ), and paste each link into your post. Each copied and pasted link will embed a thumbnail link in your post. Using the attachment method is not advised as it means quickly running out of attachment space. Redact/obscure name, address, PCN number and reg.mark. LEAVE IN all dates/times; precise location, Contravention code and description. |
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Wed, 20 Jun 2018 - 20:39
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#4
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
Hi,
Thanks for the quick response. The timeline is as follows: Date of contravention: 26/01/18 Date of original PCN: 02/02/18 Date of PCN in my name: 09/03/18 Date representation sent: 28/03/18 Date representation signed for: 03/04/18 Date of Charge Certificate: 18/06/18 Location: https://goo.gl/maps/itbGcmJKPvn Scans: |
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Wed, 20 Jun 2018 - 20:52
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#5
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
You need to deal with the charge certificate first and there is only one sure way. Wait for the next document an Order for recovery. This will include a form enabling you to make a statutory declaration that You made representations in time but received no response. What will happen then is the TEC will order the CC revoked and the council should refer to the adjudicator for what happens next. The sometimes will ask you to re send your reps. Do not do so without coming back here. You will want to add a bit
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Wed, 20 Jun 2018 - 21:13
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#6
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
Ok thanks that is somewhat reassuring but I am still quite nervous of this. So I should expect the Order of Recovery in about two weeks or are they normally slow sending those out too?
Also what exactly does the Order of Recovery mean, just that they can from that point they can get bailiffs involved but I can still stump up the £195 charge or make the witness statement? |
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Wed, 20 Jun 2018 - 21:26
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#7
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Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
At the OfR stage you can still make a payment, (I think they add on £8 to the £195), but it will be best for you to submit a Witness Statement (or Statutory Declaration if the PCN isn't for parking) so the process gets reverted to the Notice to Owner stage whereupon you can submit reps again, or pay, of course. The correct forms will be included with the OfR. Why there are two separate statement methods only TEC can tell you, for me it is a nonsense !
Only if you totally ignore the OfR will bailiffs eventually turn up. The OfR comes from the council, but they can only send it out when authorised by TEC. |
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Wed, 20 Jun 2018 - 21:54
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#8
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
Ok thanks that is somewhat reassuring but I am still quite nervous of this. The most likely way for something to go wrong is if you do anything other than members have advised. There are, however, some checks you can make for peace of mind. I won't mention them yet as I don't want you jumping the gun. So some back when you get the OfR --- or -- Come back if you don't receive it by, say, 10th July. --------- Also what exactly does the Order of Recovery mean, just that they can from that point they can get bailiffs involved No. The OfR gives you plenty of time to respond before anything like that can happen. -------------------- |
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Wed, 20 Jun 2018 - 22:27
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#9
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
Thanks for the advice, got me in a bit of a panic when I opened it.
I'll be back when I receive the Order of Recovery or if I don't hear back from them. |
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Wed, 20 Jun 2018 - 22:29
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#10
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
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Tue, 10 Jul 2018 - 18:41
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#11
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
I am still waiting on the Order of Recovery, I'll give it another day or two but what can I do to chase if nothing shows?
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Tue, 10 Jul 2018 - 21:07
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#12
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Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
I am still waiting on the Order of Recovery, I'll give it another day or two but what can I do to chase if nothing shows? Neil B will give you chapter and verse being much more expert than me on these things, but you contact the TEC giving PCN details to find out if the debt has been registered by the council. Once TEC has registered the debt, the council can issue the OfR, so you know it is imminent. They cannot issue an OfR without this registration at TEC. This post has been edited by Incandescent: Tue, 10 Jul 2018 - 21:08 |
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Tue, 10 Jul 2018 - 22:29
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#13
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
you contact the TEC giving PCN details to find out if the debt has been registered by the council. Once TEC has registered the debt, the council can issue the OfR, so you know it is imminent. They cannot issue an OfR without this registration at TEC. <<< Just that. And, as an OfR gives you 21 days to act, you can just phone TEC every couple of weeks as above. 0300 123 1059 But do come back if it drags on. This post has been edited by Neil B: Tue, 10 Jul 2018 - 22:30 -------------------- |
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Tue, 24 Jul 2018 - 19:57
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#14
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
Thanks for all the advice so far, the Order of Recovery finally showed up.
Just want to make sure I fill it out correctly and I am a little confused by the wording where it needs witnessing. Signature I assume is mine and dated when I sign. I am not sure what "declared at" would be, is that my address or the time? "Before me at" I assume is the address of where the witnessing took place, should it also include the witnesses name or does that go below the title? |
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Tue, 24 Jul 2018 - 20:06
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#15
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
Thanks for all the advice so far, the Order of Recovery finally showed up. Just want to make sure I fill it out correctly and I am a little confused by the wording where it needs witnessing. Signature I assume is mine and dated when I sign. I am not sure what "declared at" would be, is that my address or the time? "Before me at" I assume is the address of where the witnessing took place, should it also include the witnesses name or does that go below the title? Those sections are for the person taking your oath. DO NOT sign and date until told to. I am not sure what "declared at" would be, is that my address or the time? Neither; the Court or solicitor's office. -------------------- |
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Tue, 24 Jul 2018 - 21:15
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#16
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Member Group: Members Posts: 35,064 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
‘the Order of Recovery finally showed up’
And its date of issue is???? And it states that you have *** days in which to submit your declaration? OP, this is standard stuff, I know it can be stressful but it really is standard procedure carried out hundreds of times a day across the country, so don’t get concerned. Our posters will guide you. https://www.londontribunals.gov.uk/eat/unde...rcement-process |
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Tue, 24 Jul 2018 - 22:35
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#17
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
It is dated 20/07/18 and states I have 21 days to either pay or make a declaration.
My neighbour who is a solicitor was going to witness it for me but he wasn't sure how to fill it out, so does that mean he fills both the declared at and before me at sections with his home address? |
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Wed, 25 Jul 2018 - 07:38
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#18
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
My neighbour who is a solicitor was going to witness it for me but he wasn't sure how to fill it out, so does that mean he fills both the declared at and before me at sections with his home address? I'm a bit taken aback by the question, not least because I don't know the answer and now I'm not sure about my previous answer. Be aware not all solicitors can take oaths: Perhaps your neighbour isn't qualified. It's free and simple at County Court, normally by appointment. -------------------- |
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Wed, 25 Jul 2018 - 08:37
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#19
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
My neighbour who is a solicitor was going to witness it for me but he wasn't sure how to fill it out, so does that mean he fills both the declared at and before me at sections with his home address? I'm a bit taken aback by the question, not least because I don't know the answer and now I'm not sure about my previous answer. Be aware not all solicitors can take oaths: Perhaps your neighbour isn't qualified. It's free and simple at County Court, normally by appointment. I think all solicitors can witness Neil. QUOTE In English law, a Commissioner for Oaths is a person appointed by the Lord Chancellor with power to administer oaths or take affidavits. All practising solicitors have these powers but must not use them in proceedings in which they are acting for any of the parties or in which they have an interest. ... S post up the whole of the document. My understanding is that it is a tick box, sign it in front of the commissioner, they sign then send, but lets check -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Wed, 25 Jul 2018 - 12:17
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#20
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Member Group: Members Posts: 61 Joined: 9 Feb 2018 Member No.: 96,432 |
My neighbour is a corporate in-house solicitor so I don't think he is used to this kind of stuff, I am trying to get hold of the county court to see about doing it there in case.
This is the full form |
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