Author Topic: Advice re PCN taken to TEC  (Read 600 times)

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Advice re PCN taken to TEC
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Hi - I was advised to cross post the following (http://forums.pepipoo.com/index.php?showtopic=153759) here for visibility.

Short summary of my case:
1) I moved property on 03/08/23
2) I had a PCN generated by LBH&F for a bus lane contravention on 12/08/23
3) I updated by V5c logbook on 19/08/23 (~ 2 weeks after moving)
4) The first letter regarding the PCN was sent on 22/08/23 to my old address
5) Follow up letters regarding the PCN were sent on 02/10/23, 07/11/23 and 11/12/23 to my old address
6) The case was registered at TEC and passed to Marston collectors, I believe at the end of Feb/ beginning of March '24
7) Marston sent a letter, I believe on ~03/03/24, again to my old address
8) My car was clamped on 18/03/24 - this is the first point I became aware of the initial PCN
9) I was informed that if I didn't pay the now much inflated fine of £514 my car would be impounded later that afternoon, resulting in further charges of >£200, as such I paid the £514 that morning and my car was unclamped

After several calls with the council/ Marston and some online research, I concluded the only way to appeal was to submit a PE2 (out of time)/ PE3 form to the TEC - as the forms have to be witnessed and my local county court isn't practical to access (location/ timing around work), I have found a local solicitor who will sign for £10 per form

My understanding is that the above represents the best course of action, and hopefully as I updated my V5c within a reasonable time period after moving/ all the letters are dated after I had updated my V5c I have a good chance of winning my appeal. I am keen to hear any advice re drafting the PE2/ PE3, and my chances of recovering the money that I had to pay Marston.

I understand that if successful I will still have to pay the original PCN (which I presume will revert to £65?).

Many thanks for all help/ suggestions!
« Last Edit: March 31, 2024, 10:09:26 pm by cp8759 »

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Re: Advice re PCN taken to TEC
« Reply #1 on: »
The irony of point 8 turning into a 'cool' emoji is not lost on me..

Re: Advice re PCN taken to TEC
« Reply #2 on: »
This is just so you don't lose contact if the other site fails again.

You are strongly advised to post your draft for the forms here (and there) before filing.

Re: Advice re PCN taken to TEC
« Reply #3 on: »
I understand that if successful I will still have to pay the original PCN (which I presume will revert to £65?).
@confused1000 you are mistaken, if your TEC application is successful we can help you appeal to London Tribunals to get the PCN cancelled. We've not lost an appeal on a London bus lane case since July 2021, and I don't see why we'd change our approach now.

As Neil says, post a draft of your TEC forms on here for comment.
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

Re: Advice re PCN taken to TEC
« Reply #4 on: »
Hi,

Following up on the above…

Success! I received a letter today from H&F informing me that they have ‘exercised discretion and decided NOT to oppose my application to file an out of time on this occasion’. They have requested that the debt collectors refund me and I will be issued a new enforcement notice for the original PCN at my current address in due course.

Thanks for all your help (mostly on the other link but unfortunately site seems to be down for now).

Re: Advice re PCN taken to TEC
« Reply #5 on: »
The Traffic enforcement Centre order means that the bailiff enforcement is ceased, the order for recovery is revoked and the charge certificate is cancelled.  Please understand athat that the underlying PCN is not cancelled. It can and almost certainly will be re-issued. When that happens you can challenge and appeal in the normal manner or pay up.

Re: Advice re PCN taken to TEC
« Reply #6 on: »
They have requested that the debt collectors refund me and I will be issued a new enforcement notice for the original PCN at my current address in due course.
@confused1000 come back when you get the new enforcement notice and we'll help you challenge it.
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

Re: Advice re PCN taken to TEC
« Reply #7 on: »
Indeed.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r