Author Topic: PCN charge certificate  (Read 636 times)

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PCN charge certificate
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hi all
I received a PCN charge certificate in the post on 04/04/2024 although it is dated 01/04/2024 but given the easter holidays I lost a bit of time through this, I got caught in a box junction because of a van I could not see the traffic in front on the 14/02/2024  in PUTNEY HIGH STREET JCT. LACY ROAD SW15 (A1) on my way home from having treatment in Brompton hospital for my health as I am from hove so I am not very familiar with the roads in London, I never received the first letter that was apparently sent to me on 19/02/2024 if I did I would have paid it because I have never had anything like this before, is there any way I can appeal the fact I did not receive the first letter and get it reset back to the original charge I find this very unfair. sorry for the long post I am very new to all this, thankyou in advance for all help and advice. just to be very clear also I am not disputing being in a box junction although it could not have been avoided with out having a clear view ahead I just find it very unfair that I now have to pay £195 because I did not receive the original letter.

I have attached a picture of my letter below.

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« Last Edit: April 06, 2024, 02:24:36 pm by Chlo1994 »

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Re: PCN charge certificate
« Reply #1 on: »
Our advice is NOT TO PAY the Charge Certificate, but wait for the Order for Recovery to be served. This means the CC debt has been registered at the Traffic Enforcement Centre (TEC). The OfR will be the CC charge, plus the TEC fee of £9. This advice is because there is a straightforward process to revert the matter to the original PCN, at which point you can pay it, or submit representations.

In detail, then.....
At the end of the payment period on the CC, phone TEC about 7 days later, then every week or so, to find out if the debt has been registered. Once it has, you can submit a Statutory Declaration to TEC that you did not receive the PCN.  The matter will then be reverted to the PCN stage. Of course the paper OfR document may arrive in the post, but with you having missed getting the PCN, take no chances, because you must submit the Statutory Declaration in good time.

You will need to submit a Form PE3 and can download it from this website: -
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
Free to submit, but there will be a small fee for witnessing it if you go to a solicitors. Free at your local county court.
« Last Edit: April 06, 2024, 11:40:49 pm by cp8759 »

Re: PCN charge certificate
« Reply #2 on: »
Aside from a couple of typos which I have fixed, Incandescent has outlined the best way forwards.

The only thing I'd add is you don't want to rely on the post at all, so once you've got the PE3 form sworn, scan it and send it by email to tec@justice.gov.uk with the PCN number in the subject line.
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: PCN charge certificate
« Reply #3 on: »
I forgot to add, (sorry !), that if you can view the PCN audit trail on the council website, when the amount gets to the £204 for the OfR, you can also then submit your SD, as the amount now includes the £9 TEC registration fee.

Re: PCN charge certificate
« Reply #4 on: »
To further add, the TEC fee increased to £10 on 1 May.
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