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Order of recovery of unpaid PCN (contested), Received a yellow box junction PCN which was contested
Ctanko
post Tue, 14 Jan 2020 - 11:50
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Hi all, happy new year (that's still allowed I hope!)

I had a quick flick through the threads but couldn't find one specific to this, so here we go:

- On the 16th October I received a PCN for a yellow box infringement; basically someone pulled out from a side road, I stopped, stalled and the camera caught me. I appealed the same day on line after reviewing the footage via email.

Radio silence from Redbridge.

- On the 2nd December I received a charge certificate. I phoned Redbridge Council and I was told to email the parking and traffic enforcement team because I had not received a reply from them (either rejecting my appeal or annulling the fine), which I did on the 2nd December.

Radio silence again.

- Yesterday I received an order for recovery of unpaid penalty charge. It's an extremely complicated process requiring a statutory declaration witnessed by a lawyer etc etc.

I'm not concerned with the fine, as I *think* I am in the right. If I'm not, then I will pay. What is annoying me the escalation, and the lack of response.

Is this normal? Is this a new trick by the councils to get people to pay fines?!

Opinions / help greatly appreciated!

This post has been edited by Ctanko: Tue, 14 Jan 2020 - 11:51
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post Tue, 14 Jan 2020 - 11:50
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stamfordman
post Tue, 14 Jan 2020 - 11:58
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No reply to your appeal means you can make the declaration to get the process referred to the adjudicator. You must do this.

https://www.londontribunals.gov.uk/eat/unde...rcement-process

If the ground is that the Notice of Rejection or a decision from the adjudicator was not received, the Enforcement Authority must refer the statutory declaration to the adjudicator who will decide what will happen next.
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Ctanko
post Tue, 14 Jan 2020 - 12:12
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QUOTE (stamfordman @ Tue, 14 Jan 2020 - 11:58) *
No reply to your appeal means you can make the declaration to get the process referred to the adjudicator. You must do this.

https://www.londontribunals.gov.uk/eat/unde...rcement-process

If the ground is that the Notice of Rejection or a decision from the adjudicator was not received, the Enforcement Authority must refer the statutory declaration to the adjudicator who will decide what will happen next.


Thank you! Assume this is in addition to replying to the statutory declaration - UPC which I am sending today to the traffic enforcement centre?

C

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Incandescent
post Tue, 14 Jan 2020 - 12:45
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QUOTE
Assume this is in addition to replying to the statutory declaration - UPC which I am sending today to the traffic enforcement centre?

Not quite. It will be the result of your application being processed. You tick the box for "I submitted reps but did not receive a Notice of Rejection of Reps" (or similar text). TEC will then cancel-off the OfR. What you then have to be careful about is the council being thick and stupid and not following what the regulations demand they do, like re-issuing the PCN for instance.
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Ctanko
post Tue, 14 Jan 2020 - 13:11
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QUOTE (Incandescent @ Tue, 14 Jan 2020 - 12:45) *
QUOTE
Assume this is in addition to replying to the statutory declaration - UPC which I am sending today to the traffic enforcement centre?

Not quite. It will be the result of your application being processed. You tick the box for "I submitted reps but did not receive a Notice of Rejection of Reps" (or similar text). TEC will then cancel-off the OfR. What you then have to be careful about is the council being thick and stupid and not following what the regulations demand they do, like re-issuing the PCN for instance.


Roger that, thanks.

Is it common for council's to simply ignore appeals? I would imagine if I was of a certain age or personalilty type that I would be quite distressed by these letters.
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Incandescent
post Tue, 14 Jan 2020 - 13:25
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QUOTE (Ctanko @ Tue, 14 Jan 2020 - 13:11) *
QUOTE (Incandescent @ Tue, 14 Jan 2020 - 12:45) *
QUOTE
Assume this is in addition to replying to the statutory declaration - UPC which I am sending today to the traffic enforcement centre?

Not quite. It will be the result of your application being processed. You tick the box for "I submitted reps but did not receive a Notice of Rejection of Reps" (or similar text). TEC will then cancel-off the OfR. What you then have to be careful about is the council being thick and stupid and not following what the regulations demand they do, like re-issuing the PCN for instance.


Roger that, thanks.

Is it common for council's to simply ignore appeals? I would imagine if I was of a certain age or personalilty type that I would be quite distressed by these letters.

Not so much ignore, rather very poor management in the parking/traffic department. Working in these departments is hardly a career move that will be of much benefit.
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Neil B
post Tue, 14 Jan 2020 - 13:29
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QUOTE (Ctanko @ Tue, 14 Jan 2020 - 13:11) *
Is it common for council's to simply ignore appeals?

You don't know that they have; only that you have't received a reply.

Let us know what happens next.

Presumably you've e-mailed the Stat Dec ?


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

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Ctanko
post Tue, 14 Jan 2020 - 14:53
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Hi Neil, thanks for your reply. Will keep you posted!

Stat Dec - I have sent the letter by special delivery to them today. I wasn't sure if I could also email it, but I will do too!

Thanks,
C

This post has been edited by Ctanko: Tue, 14 Jan 2020 - 14:54
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cp8759
post Tue, 14 Jan 2020 - 21:44
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Don't do both post and email, just call the day after tomorrow to check if the letter has arrived.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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