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ex09053
As the title says, I have received a charge notice stating that the penalty for being in a box junction has risen to £195!! Merton council state that they sent a letter on 25th July but I did not receive anything!! Since yesterday i've been trying to call and nobody picks up.

HELP!! This has not happened before and I have no idea what I'm meant to do now or how I would defend myself in this situation.

Also I have checked the images online on the merton council website and my car was only slightly inside the box? Does this make any difference?

Thanks for your help in advance.
Incandescent
Post up what you have received. Have you owned the car for some time ? SOmetimes changes of car or address can cause documents to go astray, especially if mail redelivery has not been arranged.

Anyway, you have to now wait for the Order for Recovery at which stage you can submit a Witness Statement stating you did not receive the Notice to Owner. Once the matter is reset to NtO stage, you can submit an appeal to the council, and then, if they reject it, you can appeal to PATAS, the adjudicator.
ex09053
QUOTE (Incandescent @ Fri, 6 Sep 2013 - 14:06) *
Post up what you have received. Have you owned the car for some time ? SOmetimes changes of car or address can cause documents to go astray, especially if mail redelivery has not been arranged.

Anyway, you have to now wait for the Order for Recovery at which stage you can submit a Witness Statement stating you did not receive the Notice to Owner. Once the matter is reset to NtO stage, you can submit an appeal to the council, and then, if they reject it, you can appeal to PATAS, the adjudicator.

Yes I've owned the car for over a year so I doubt it's anything to do with that. The letter I have received is a charge certificate which states that they sent me a PCN previously on 25/07/2013. However I did not receive this. They are now stating that because I didn't pay the PCN they have increased the penalty by 50%.

What is the order for recovery? The letter states that if I do not pay this amount within 14 days, the debt will be registered with the traffic enforcement centre at Northampton County Court.
Incandescent
QUOTE
What is the order for recovery? The letter states that if I do not pay this amount within 14 days, the debt will be registered with the traffic enforcement centre at Northampton County Court.


They are exactly right. The OfR is issued by the TEC at Northampton, an offshoot of the County Court. It was set up in 1991 when decriminalised parking enforcement became law. So you now have to wait. Do not pay the money whatever you do, as if you follow the process, you will get to appeal the PCN and hopefully win and get the PCN cancelled. If you lose at adjudication it is the PCN amount only, NOT the £195.

After 14 days, you can think of contacting the TEC to see if they have registered the unpaid Charge Certificate. You can also chivvy up the council to do it and speed things up. Always be thinking "they don't deserve this money".

If they have a facility see what state your PCN is on-line on their website.
ex09053
QUOTE (Incandescent @ Sun, 8 Sep 2013 - 22:38) *
QUOTE
What is the order for recovery? The letter states that if I do not pay this amount within 14 days, the debt will be registered with the traffic enforcement centre at Northampton County Court.


They are exactly right. The OfR is issued by the TEC at Northampton, an offshoot of the County Court. It was set up in 1991 when decriminalised parking enforcement became law. So you now have to wait. Do not pay the money whatever you do, as if you follow the process, you will get to appeal the PCN and hopefully win and get the PCN cancelled. If you lose at adjudication it is the PCN amount only, NOT the £195.

After 14 days, you can think of contacting the TEC to see if they have registered the unpaid Charge Certificate. You can also chivvy up the council to do it and speed things up. Always be thinking "they don't deserve this money".

If they have a facility see what state your PCN is on-line on their website.

So I sent Merton council an email and received the following reply:

"Thank you for writing to us.

It is now too late for you to challenge, or continue challenging, your PCN. The PCN we sent you gave you 28 days to challenge your PCN, but this time has now passed.

Here are the details about your case, which follows a strict legal process:
We sent you a PCN which explained that you could:
pay the discount charge within 14 days;
pay the standard charge within 28 days (if you missed the discount period); or
formally challenge your PCN within 28 days.
The PCN also explained that, if you did nothing, the charge would increase from £130.00 to £195.00 and that you would receive a Charge Certificate explaining this.
We sent you the Charge Certificate.

You can view photographic evidence of this PCN online at: www.merton.gov.uk/pcn.
Please note, however, that photographs are not a legal requirement and the absence of photographic evidence does not invalidate a PCN.

What you must do
Within 14 days of the Charge Certificate being served, you must pay £195.00.
If you do not pay, we will apply to the County Court to recover the £195.00 - plus court costs - from you."

Shall I continue to wait for the Order for recovery? I don't want to be doing anything wrong which would make things worse for myself.

Thanks for your help.

Regards.
Incandescent
What we have told you is correct. There are no adverse consequences in waiting for the Order for Recovery, it's the final stage in the process. You don't get any CCJs or go to prison or anything like that.

They are being extremely disingenuous in referring to the "county court". The "court" is the TEC at Northampton who have to issue the OfR before actually starting the money recovery process. They are obliged to include a Witness Statement form with the OfR in cases where communication has broken down between motorist, (you), and the council.

So be of stout heart and wait for the OfR, fill in the Witness Statement and send it off. This sets the process back to the Notice to Owner stage at which point you can either appeal or pay the PCN amount. This will not be the amount on the Charge Certificate, which is 50% more than the PCN. If it was me, I'd appeal but then I I'm awkward sod.

Other thing that has only recently come to light is that they say they sent you a PCN, so it was a Regulation 10 PCN, one sent by post, so if this is reissued you should be able to pay the discount amount, because these PCNs also act at the Notice to Owner.

It is now entirely up to you. It is now commonplace for postal PCNs to go astray, and the next thing the motorist gets is the Charge Certificate, as in your case. Nothing strange is happening, it is routine, but you must be diligent and patient.
ex09053
QUOTE (Incandescent @ Sun, 15 Sep 2013 - 22:44) *
What we have told you is correct. There are no adverse consequences in waiting for the Order for Recovery, it's the final stage in the process. You don't get any CCJs or go to prison or anything like that.

They are being extremely disingenuous in referring to the "county court". The "court" is the TEC at Northampton who have to issue the OfR before actually starting the money recovery process. They are obliged to include a Witness Statement form with the OfR in cases where communication has broken down between motorist, (you), and the council.

So be of stout heart and wait for the OfR, fill in the Witness Statement and send it off. This sets the process back to the Notice to Owner stage at which point you can either appeal or pay the PCN amount. This will not be the amount on the Charge Certificate, which is 50% more than the PCN. If it was me, I'd appeal but then I I'm awkward sod.

Other thing that has only recently come to light is that they say they sent you a PCN, so it was a Regulation 10 PCN, one sent by post, so if this is reissued you should be able to pay the discount amount, because these PCNs also act at the Notice to Owner.

It is now entirely up to you. It is now commonplace for postal PCNs to go astray, and the next thing the motorist gets is the Charge Certificate, as in your case. Nothing strange is happening, it is routine, but you must be diligent and patient.


Thanks a lot for your help. I appreciate it a lot.
I will wait for the order for recovery. Also tomorrow I will try to post pictures up that they have of my car being in the yellow box (only slightly from the front considering it is a large people carrier). Maybe you could point out an argument that I may have against the PCN.

Regards
Incandescent
QUOTE (ex09053 @ Sun, 15 Sep 2013 - 23:39) *
QUOTE (Incandescent @ Sun, 15 Sep 2013 - 22:44) *
What we have told you is correct. There are no adverse consequences in waiting for the Order for Recovery, it's the final stage in the process. You don't get any CCJs or go to prison or anything like that.

They are being extremely disingenuous in referring to the "county court". The "court" is the TEC at Northampton who have to issue the OfR before actually starting the money recovery process. They are obliged to include a Witness Statement form with the OfR in cases where communication has broken down between motorist, (you), and the council.

So be of stout heart and wait for the OfR, fill in the Witness Statement and send it off. This sets the process back to the Notice to Owner stage at which point you can either appeal or pay the PCN amount. This will not be the amount on the Charge Certificate, which is 50% more than the PCN. If it was me, I'd appeal but then I I'm awkward sod.

Other thing that has only recently come to light is that they say they sent you a PCN, so it was a Regulation 10 PCN, one sent by post, so if this is reissued you should be able to pay the discount amount, because these PCNs also act at the Notice to Owner.

It is now entirely up to you. It is now commonplace for postal PCNs to go astray, and the next thing the motorist gets is the Charge Certificate, as in your case. Nothing strange is happening, it is routine, but you must be diligent and patient.


Thanks a lot for your help. I appreciate it a lot.
I will wait for the order for recovery. Also tomorrow I will try to post pictures up that they have of my car being in the yellow box (only slightly from the front considering it is a large people carrier). Maybe you could point out an argument that I may have against the PCN.

Regards

The Charge Certificate reached you, but not the PCN. Any idea why ? Have you moved address recently and been a bit tardy on updating your DVLA V5 registration document
ex09053
QUOTE (Incandescent @ Mon, 16 Sep 2013 - 10:04) *
QUOTE (ex09053 @ Sun, 15 Sep 2013 - 23:39) *
QUOTE (Incandescent @ Sun, 15 Sep 2013 - 22:44) *
What we have told you is correct. There are no adverse consequences in waiting for the Order for Recovery, it's the final stage in the process. You don't get any CCJs or go to prison or anything like that.

They are being extremely disingenuous in referring to the "county court". The "court" is the TEC at Northampton who have to issue the OfR before actually starting the money recovery process. They are obliged to include a Witness Statement form with the OfR in cases where communication has broken down between motorist, (you), and the council.

So be of stout heart and wait for the OfR, fill in the Witness Statement and send it off. This sets the process back to the Notice to Owner stage at which point you can either appeal or pay the PCN amount. This will not be the amount on the Charge Certificate, which is 50% more than the PCN. If it was me, I'd appeal but then I I'm awkward sod.

Other thing that has only recently come to light is that they say they sent you a PCN, so it was a Regulation 10 PCN, one sent by post, so if this is reissued you should be able to pay the discount amount, because these PCNs also act at the Notice to Owner.

It is now entirely up to you. It is now commonplace for postal PCNs to go astray, and the next thing the motorist gets is the Charge Certificate, as in your case. Nothing strange is happening, it is routine, but you must be diligent and patient.


Thanks a lot for your help. I appreciate it a lot.
I will wait for the order for recovery. Also tomorrow I will try to post pictures up that they have of my car being in the yellow box (only slightly from the front considering it is a large people carrier). Maybe you could point out an argument that I may have against the PCN.

Regards

The Charge Certificate reached you, but not the PCN. Any idea why ? Have you moved address recently and been a bit tardy on updating your DVLA V5 registration document

Not at all.
ex09053
Still have not received anything regarding this matter.

Any advice on who I should contact to get an update on this?

Gan
Contact TEC and ask if the Charge Certificate has been registered yet

If not, contact the council and TELL them to get on and register it so that you can make your witness statement
Don't discuss anything else with them
bama
QUOTE
Contact TEC and ask if the Charge Certificate has been registered yet

seconded
and if it hasn't keep checking every couple of days
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