Author Topic: Ashford Borough Council PCN on Private Land  (Read 3599 times)

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Re: Ashford Borough Council PCN on Private Land
« Reply #45 on: »

what would you recommend the next move should be on this?


There is only one action open to you procedurally and this is for the recipient to complete and submit the WS in time!

So firstly, are you the addressee(AKA recipient)?

If so, then you complete the WS by ticking only one box, dating, signing and sending to TEC using one the methods offered and within time.

Without going back over the thread, which grounds apply to you? To keep this short the whys don't arise, only the whats. So which grounds? Is it:

a)that P did not receive the enforcement notice;

Noting that the following applies:

“enforcement notice”, other than in regulation 35, means—
(a)a regulation 10 penalty charge notice, or

(b)a notice to owner;

(a) doesn't apply here, so it's (b), yes?

Pl don't get distracted by anything else e.g. the format of the OfR, it's irrelevant at this stage.
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Re: Ashford Borough Council PCN on Private Land
« Reply #46 on: »
Hi hope you’re doing well sir, what would you recommend the next move should be on this?
@D D download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf and fill it in, then email the completed form to justice@tec.gov.uk with the PCN number in the subject line. There is no need to print the form, a typed signature will be accepted.
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: Ashford Borough Council PCN on Private Land
« Reply #47 on: »
Hi hope you’re doing well sir, what would you recommend the next move should be on this?
@D D download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf and fill it in, then email the completed form to justice@tec.gov.uk with the PCN number in the subject line. There is no need to print the form, a typed signature will be accepted.

Hi thanks for the response.
I already used the form that came with the letter and sent it back via recorded mail.
I will update here once I receive a response.

Thanks

Re: Ashford Borough Council PCN on Private Land
« Reply #48 on: »
I already used the form that came with the letter and sent it back via recorded mail.
Please post the form you received and please confirm when you posted the form to TEC. Aa a general rule using the post rather than email is a bad idea as you're adding an unnecessary delay and element of risk, but hopefully it will be ok.
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: Ashford Borough Council PCN on Private Land
« Reply #49 on: »
Well there was a long silence regarding the correspondence I sent which appears to have either been ignored or not received (will have to look for the receipt of posting I’m sure I have it stored with my receipts)

Marston recovery have been instructed now and apparently a warrant has been issued.

Please see attached and let me know how to respond would be greatly appreciated.

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« Last Edit: May 08, 2024, 12:31:12 am by D D »

Re: Ashford Borough Council PCN on Private Land
« Reply #50 on: »
I already used the form that came with the letter and sent it back via recorded mail.
Please post the form you received and please confirm when you posted the form to TEC. Aa a general rule using the post rather than email is a bad idea as you're adding an unnecessary delay and element of risk, but hopefully it will be ok.

It was sent via recorded mail.

The form I completed and returned is the following.



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Re: Ashford Borough Council PCN on Private Land
« Reply #51 on: »
IMO, you should pay the outstanding debt before 23.59 10 May.

Why?

Because it caps your liability while not affecting your options to investigate why the OfR which you say you returned in time was not actioned by TEC.

A few questions:
Find out from ABC when your NTO and the Charge Cert were issued;
Post what you actually submitted to TEC, not a blank form, and tell us what date is recorded on your registered mail and the address to which your WS was sent.
Confirm that the OfR was addressed to you.

Also, way back in early April you were asked to post the OfR which you received and to provide details of when and how you sent your WS and to post this.

All we have had is that it was posted by registered mail.

You are in a pickle and whether it's possible to extricate yourself is an unknown until you post the key data.

Re: Ashford Borough Council PCN on Private Land
« Reply #52 on: »
I filled the form with the guidance from here which applied to my case and returned it to their postal address, unfortunately I didn’t capture an image of the form filled before sending but I do hold the postage receipt at hand.

I don’t see why I should pay when the form has been ignored this should be investigated first hand no?

Re: Ashford Borough Council PCN on Private Land
« Reply #53 on: »
No, generally and specifically.

At 0001 on 11th £235 could be added to the debt: https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014

If the error is found to be with TEC, then your payment would be refunded. But if not then you arguing the toss would in all likelihood add £235 to your debt with nowhere for you to turn other than possibly request a review of TEC's decision - but if this was based on you not submitting in time or other procedural error then their decision was correct.

We don't know whether you responded as required i.e. tick one box and sign because you didn't keep a copy therefore we cannot examine.

Neither do we know by when you had to respond because you haven't posted the OfR which you received.

So even if you told us when you posted your WS, we'd still be guessing as to  whether you did so into time.

I suggest you post the info requested pl.

Re: Ashford Borough Council PCN on Private Land
« Reply #54 on: »
I think I might be in a pickle as I cannot find the postal receipt plus while I was looking I found an un opened letter that my lovely mrs laid on top of the fridge and never told me about it!

This obviously came before the TE3…

This is a charge cert from ABC titled to myself as shown below…

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Re: Ashford Borough Council PCN on Private Land
« Reply #55 on: »
Hi hope you’re doing well sir, what would you recommend the next move should be on this?
@D D download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf and fill it in, then email the completed form to justice@tec.gov.uk with the PCN number in the subject line. There is no need to print the form, a typed signature will be accepted.

I should have done this method smh

I’m normally all about the electronic route but this time I done it the old fashioned way and ahot myself in the foot now cannot find the receipt.

Is there a way of contacting the TEC to see whether they received the letter?

Regards

Re: Ashford Borough Council PCN on Private Land
« Reply #56 on: »
I thought I’d try my luck knowing how slow ABC are and see if the PCN was still alive on their website but it’s also showing as in Marston’s hands now.


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Re: Ashford Borough Council PCN on Private Land
« Reply #57 on: »
IMO, you should pay the outstanding debt before 23.59 10 May.

Why?

Because it caps your liability while not affecting your options to investigate why the OfR which you say you returned in time was not actioned by TEC.

A few questions:
Find out from ABC when your NTO and the Charge Cert were issued;
Post what you actually submitted to TEC, not a blank form, and tell us what date is recorded on your registered mail and the address to which your WS was sent.
Confirm that the OfR was addressed to you.

Also, way back in early April you were asked to post the OfR which you received and to provide details of when and how you sent your WS and to post this.

All we have had is that it was posted by registered mail.

You are in a pickle and whether it's possible to extricate yourself is an unknown until you post the key data.


I filled out my details and the lease company on the WS and ticked,
I did not receive the Notice to Owner / penalty • charge notice (Parking contravention).

Signed printed and dated.
And sent to the address on the rear,

St Katherine's House,
21 - 27 St Katherine's Street
Northampton
NN1 2LH

Re: Ashford Borough Council PCN on Private Land
« Reply #58 on: »

I filled out my details and the lease company on the WS and ticked,

This should have nothing to do with the lease company. They are not the respondent, you are, or we're led to believe you are.

Alarm bells are ringing.

Where is the OfR?

And confirm it's addressed to you.

Re: Ashford Borough Council PCN on Private Land
« Reply #59 on: »

I filled out my details and the lease company on the WS and ticked,

This should have nothing to do with the lease company. They are not the respondent, you are, or we're led to believe you are.

Alarm bells are ringing.

Where is the OfR?

And confirm it's addressed to you.

My bad after looking at the form again I didn’t include the lease company details on right side of form.

The OfR is attached


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