Help - Search - Members - Calendar
Full Version: Charge Certificate Advice
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
X.X
Hello,

I'm after some advice regarding a Charge Certificate I have received though the post in an open envelope. As it was open I have no idea if there were any other documents included. Is that not a breach of the data protection act as it is?

Here are a few of the details:

PCN Date: 14/11/2009
NTO Serviced Date: 16/12/2009
Date of this Certificate: 15/01/2010

Firstly I don't doubt that I was parked at the supplied location/date. I'm pretty sure I have the parking permit along with a stack of parking permits used at the same location (I don't clear them out my car as often as I probably should). I have not received a PCN either fixed to the car or through the post otherwise I would have disputed that long ago. I have also never received a NTO.

The details about my car on the Charge Certificate seem correct although I have not checked the tax disc number.

Can anyone advise me on what I should do next? Any advise would be appreciated!

Thanks.
Glacier2
Who issued the Charge Certificate?
X.X
The Council for the area I parked in have issued the Charge Certificate.

I can tell you which Council if it makes any difference at all?

Thanks
Glacier2
So long as you are sure it is a council and not a private parking company.

Do nothing and wait for the next letter which will be the Order For Recovery. Complete the enclosed forms and return them straight away.

Do not contact the council at all.
X.X
Ok can I ask why? Just want to understand more about an Order for Recovery, what I will be filling out and what would come next etc etc?
Glacier2
You will be completing a witness statement enclosed with the order. This resets the matter to the NTO stage so you can appeal properly.

You don't contact the council because they will tell you can't appeal and you have to pay up the increased charge. You have a right of appeal via the witness statement.
X.X
Thanks for the advise so far!

A few more questions to ease my mind!

Is the next letter I receive regarding this definitely going to be the Order for Recovery?
How long until I receive this letter?
Whats involved in completing the witness statement?
Once the witness statement is sent what can I expect to happen next?

Thanks
Glacier2
QUOTE
Is the next letter I receive regarding this definitely going to be the Order for Recovery?

Yes.
QUOTE
How long until I receive this letter?

3 weeks approx.
QUOTE
What's involved in completing the witness statement?

You tick a few boxes on the enclosed forms, sign them and mail them off.
QUOTE
Once the witness statement is sent what can I expect to happen next?

You will receive a letter from the court stating the Order for Recovery, Charge Certificate is cancelled and the matter is referred back to the council.
They may then issue a fresh Notice to Owner.
X.X
Hello,

I have just received my Order for Recovery.

I was going to email the form back. Is there anything I should include in the email other than the form and confirmation of receiving it?
Glacier2
Complete the witness statement and get it back to them ASAP. Don't cloud the issue by including other stuff.
X.X
Hello,

I have now received the NTO (on 19/02/2010). With a covering letter which got me wound up! The one paragraph said:

"You have stated that you did not receive the Notice to Owner (NTO). Upon checking our records, I can confirm that the NTO was sent to you on 14/12/2009."

Last time i checked 'records' don't hand deliver a letter. It just feels like I'm being called a liar.

If I pay the charge now its £70. I do have a permit for the date in question but it is one of these scratch off the relevant panels and write in your number plate, it does have a 6 digit number at the bottom which I think is assigned to a house so I would guess is dated at the same time. If I had found a PCN fixed to my car I would have dealt with it then and paid the reduced charge if in the wrong.

What do you suggest I do?

Thanks
southpaw82
Show us the NTO? Where's a copy of the PCN (you did ask for one, right?)?
X.X
Only just received the NTO after sending off the witness statement. I ticked the box stating I had not received the NTO/PCN.

Should I ask for the PCN and evidence? How would I go about that?

I don't have access to a scanner but I will go take some photos of the documents now.

Thanks
southpaw82
Write a letter to them asking for a copy of the PCN and any photos taken at the time.
Glacier2
Have TEC replied to your witness statement yet?
X.X
I've scanned the documents in (managed to get access to a scanner). Any suggestions on where to place the images?

TEC sent a letter saying:

"It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate and the notice to owner/enforcement notice be cancelled"

It then has a section saying:

"Important notice to respondent:

This order does NOT cancel the original Penalty Charge Notice. The Local Authority may well take further action on it. The Local Authority should inform you as soon as possible if it intends to do so."

Letter was dated the 10th Feb.

Is there a template knocking around for requesting PCN etc?

Thanks
southpaw82
How to post photos

Templates are the work of the devil. In any case, how hard is it to write a letter saying "please send me a copy of the PCN and photos"? rolleyes.gif
Glacier2
So you have a fresh NTO dated the 19/02/10?

You need to ask the council for a copy of the PCN and any photos and the CEO notes.

Importantly you should show us the new NTO.
X.X
Here are all the images that might help minus the letter from TEC:















I will sort a letter out to send now. Is it going to be OK to send first class or do I need to send it recorded?

Thanks
Glacier2
Post up the text of the letter here before you send it. Also there may be flaws in the NTO.

The letter where they claim to have sent a NTO are of no legal consequence since TEC have reset the matter.
X.X
I was just going to send a letter with the following:

To Whom It May Concern,

PCN No. _________

I am writing in response to the NTO sent on 18/02/2010 to request a copy of the PCN, any photographs taken, the CEO’s notes and any other relevant evidence.

Yours Faithfully



Does anything need adding?
Glacier2
The problem is that that may be taken as an appeal.

Do you intend waiting for the evidence before making an actual appeal? If so the council will delay sending anything until it is too late to appeal.

You have to be careful here.

I would appeal now on the basis of a procedural impropriety by the council. They have failed to serve a PCN. Ask them for proof of service including all CEO notes and photos that may exist. Also ask for a copy of the PCN. Leave it at that. If they come back with evidence you can still pay. If they don't you can appeal to the adjudicator if they refuse to cancel.
X.X
OK that makes sense. Do I use the representations section of the NTO? Or is this a separate letter I type up to appeal?

Thanks
X.X
Ahh!

After reading your post a few times and the representations form I see what I need to do.

Tick the procedural impropriety box and in the representations section I will write the following:

"I believe that the enforcement authority has failed in serving a PCN. I hereby request proof of service along with all relevant photographs, notes made by the CEO and a copy of the PCN in question."

Does this seem correct? or missing any important details?

Thanks
Glacier2
Sounds good. Keep a copy of the NTO for your records.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.