3. BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #30 on: »
While I'm awaiting any further advice regarding the PE2 and PE3 statements, I am going to send out the following to both the Information Officer (Sophie) and PTO regarding the exclusion of crucial data from the SAR request:

Quote
Dear Sophie Jordan–Dicey

Thank you for your correspondence regarding the SAR and the data enclosed therein.

There appears to be missing information, however. The following documents have not been sent:

1. Charge Certificate dated 08/06/2022 - This was the first correspondence I received to make me aware of my PCN, to which I made an online challenge/representation (attached acknowledgment from City of London PTO). I no longer have the charge certificate and require it.
2. The confirmation response to my challenge/representation dated 20/06/2022 - I have attached the email reference from my records. The fact that the Charge Certificate, listed above, and this correspondence have not been included in the SAR data concerns me that other data may have also been excluded.
3. Any notices and correspondence to your agents (including CDER group) relating to me and the PCN.

As previously communicated, my circumstances are such that an informed submission to the Traffic Enforcement Centre (which may only be submitted once and may not be amended) is predicated upon receiving all relevant information. The absence of crucial correspondence in the SAR data jeopardises the submission.

The stay of action for the Civil Enforcement Agency CDer Group has only been upheld until today, 02/09/24 as L. Burgess's correspondence states (attached).  I will request a further stay of action due to the excluded data but urgently appeal for it to be issued and a review of the SAR procedure to be undertaken.

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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #31 on: »
Where's the Order for Recovery?

You notified them of a change of address in July 2022.

Did you move subsequently before the OfR was issued?

An OOT is a request to submit a late statement and therefore you have to provide a compelling reason.

The OfR being wrongly addressed would be such a reason, but you need proof i.e. a copy of the OfR and your notification to the council of your address change.
« Last Edit: September 02, 2024, 05:29:59 pm by H C Andersen »
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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #32 on: »
Documents:
- Response to my Challenge of the Charge Certificate https://drive.google.com/file/d/1xx8dfwhA5oD9pZgmkqjg-yGAyC0zHfy1/view?usp=sharing
- Order to Recover https://drive.google.com/file/d/1HCu0tNIrTB07w2Ccwa8yVOlj25Vkg7mO/view?usp=sharing

My first knowledge of the contravention was when I received a Charge Certificate on 08/06/22 (missing from the SAR)

I made an online challenge/representation on 20/06/2022 to which PTO acknowledged and responded by email.

I moved to a new address in July 2022. I unfortunately didn't notify them of a change of address. However, I had access to post at my old address for at least another 3 months but they only sent the Order for Recovery in November 2022. It's noteworthy that they said "We aim to deal with all enquiries within 15 working days (3 weeks)..." on 20/06/2022. Surely a response time of 5 months is unreasonable?
« Last Edit: September 02, 2024, 06:10:52 pm by Rufeus »
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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #33 on: »
Pl stop referring to Order to Recover. There is no such notice.

And pl stop posting a letter dated Nov. 2022 as if it was an OfR. It is not.

Where is it and to what address was it sent?

They've responded to your SAR therefore it should be in the bundle.
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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #34 on: »
Apologies, HC Anderson, I posted the wrong link with the description.

Here it is:

Order for Recovery
https://drive.google.com/file/d/1HCu0tNIrTB07w2Ccwa8yVOlj25Vkg7mO/view?usp=sharing

I've redacted the address for my privacy, but it is the old address. The one I moved from in July 2022.
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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #35 on: »
Perhaps an OOT along the following lines...

On *** I was contacted via text message by enforcement agents acting on behalf of the Claimant, City of London Corporation, regarding a postal PCN issued under the London Local Authorities Act 2003 in May 2022.

I had not received the PCN and therefore in June 2022 the authority issued a Charge Certificate to which I responded immediately. I received an automated response stating that the authority's normal practice was 'to respond within 15 days, although we might take longer during busy periods'.

They must have been busy because 15 weeks later I received a reply which in essence stated that I should wait for them to issue an Order for Recovery following which I could submit a Statutory Declaration to yourselves.

I therefore waited, and waited, and waited. In effect life events took over and I had also moved house before the authority issued the OfR on 29 November 2023. I repeat, 29 November 2023, virtually 1 year to the day since stating in their last letter 'please do not reply to this letter but await the Order for Recovery which will be issued in due course'.

I submit that the authority's actions have been neither fair nor reasonable in this matter and that their inexcusable delays have prejudiced my position to such an extent that I am now reliant upon your offices to reset the matter to at least provide me with a fair opportunity to challenge the PCN.

I respectfully ask that you accept my late Statutory Declaration for the reasons given above.

The above details were obtained pursuant to a Subject Access Request submitted by me immediately after being contacted by the authority's agents and are attached.

Wait for comments.
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Re: BAILIFF NOTICE: City of London, Code 52M vehicle in bus/bicycle-only zone, Cornhill
« Reply #36 on: »
Thank you for your input, HC Anderson.
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