Author Topic: Ealing Council sent a Charge Certificate, yet I have no PCN letter  (Read 839 times)

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Hi everyone!

I have already read through a few existing threads on PePiPoo regarding Charge Certificates (CC) without being sent an initial Penalty Charge Notice (PCN) first. As they are a few years old I just wanted to check they are still applicable in this situation. I want to have all my bases covered.

Yesterday I received the CC from Ealing Council (at it yet again), which stated I had been served a PCN for a road offence on 3/6/23 ("Failing to comply with a prohibition on certain types of vehicle" aka driving down a road for busses) and as I have not paid the initial £65 fine, it has now gone up to £195.

While I do not dispute the reason for the PCN, what I do dispute is that I ever received the PCN in the first place. Had I done so, I would've paid the fine immediately as I don't like debts/fines like that hanging over my head.

I can't get in touch with the council through any official means about this as their is no email address and phoning just goes around in circles, only to be told to go online. Unofficially, I sent a message through their parking complaints procedure as that was the only means of writing to them. I also Tweeted a question about it on their Twitter profile, but I don't expect either to get anywhere.

From what I have read on this forum is that the best course of action seems to be not paying the fine and waiting for them to move to the next stage, which is the Order of Recovery, where I can then sign something to say I never received the initial PCN.

So I guess my question is, does this still apply now? And how can you prove you never received something you don't have?  :(  Anyway...

Thank you very much in advance and I am grateful for any help.

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Re: Ealing Council sent a Charge Certificate, yet I have no PCN letter
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From what I have read on this forum is that the best course of action seems to be not paying the fine and waiting for them to move to the next stage, which is the Order of Recovery, where I can then sign something to say I never received the initial PCN.

So I guess my question is, does this still apply now? And how can you prove you never received something you don't have?  :(  Anyway...
It does still apply, and you don't have to prove anything, it's a tick-box excercise.

The one possible issue is that if the PCN was lost in the post, the Order for Recovery might also go missing. We therefore recommend that once the 14 day period stated on the charge certificate expires, you keep an eye on the amount due on the council website. When the debt is registered with the Traffic Enforcement Centre, the amount will go up by a further £9, at that point you can print off form PE3 and draft it yourself (NOTE: Do not sign it, and you are not the applicant, the applicant is Ealing Council).

You will have to make an appointment at your local county court or magistrates' court to get it sworn free of charge, or any high street solicitor will do it for £5 - £10. Only sign the form in front of the person witnessing it, when they tell you to.

Once that's done you can scan or photograph the completed form and email it to tec@justice.gov.uk with the PCN number in the subject line.

The council will then re-issue the PCN, again you don't have to rely on the post, you'll know this has happened when the penalty amount on the council website has gone back down to £65. At that point come back here and we'll see if there are any substantive grounds to get the PCN cancelled altogether.
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

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