Author Topic: Charge certificate cases under the Traffic Management Act 2004 - no formal Notice of Rejection  (Read 42 times)

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cp8759

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These are the steps to be followed in a case where:

1) You have received either a postal PCN or a Notice to Owner under the Traffic Management Act 2004 (roadside PCNs attached to your car or handed to you by a civil enforcement officer don't count for these purposes),
2) You made representations against the PCN or NTO,
3) You have not received a Notice of Rejection, but
4) You have received a charge certificate.

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by 10.

For all other cases, we cannot yet say how reliable the council websites are at showing the 10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form TE9 which you can download from here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf

Despite the name of the file, this is the one to be used for all cases under the Traffic Management Act 2004, even if it's a bus lane or moving traffic case (which will only happen outside of London).

You need to tick the box next to:

"I made representations about the penalty
charge to the enforcing authority concerned
within 28 days of the service of the Notice to
Owner, but did not receive a rejection notice.
"

You can fill the form in on your computer, there is no need to print it as the court will accept a typed signature.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

You should then attach the completed form to an email and send it to tec@justice.gov.uk (do not print it off and send it in the post), put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form TE9 in the post shortly after you have emailed the PDF TE9 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed TE9 form before you have emailed the PDF TE9 form to TEC, you should fill it in and email it immediately.

If you have any questions, please ask on your thread.
« Last Edit: May 17, 2024, 07:47:47 pm by cp8759 »
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. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

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