Author Topic: Timescale for Order for Recovery  (Read 128 times)

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dave-o

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Timescale for Order for Recovery
« on: November 09, 2023, 04:37:50 pm »
Hi

This relates to a thread that was begun on Pepipoo.

A family member was ticketed for not parking fully within the bay (it was a disabled bay and they were displaying a badge).  As the lines are practically non-existent he will almost certainly win a genuine appeal.  However he did not receive the NTO so never had an opportunity to appeal to NPAS.

Here is the charge certificate that was received:





He has been calling the TEC once a week since receiving the CC but they have told him the OfR has not yet been registered.  Obviously he also has not received a OfR.

Last time he called, the lady at the TEC told him that as more than 33 days had passed, it was too late for the council to register an OfR.  Is this the case please?

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Pastmybest

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Re: Timescale for Order for Recovery
« Reply #1 on: November 09, 2023, 09:21:59 pm »
Technically they have 6 years but the tribunal might well find over 3 months is an abuse of process

cp8759

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Re: Timescale for Order for Recovery
« Reply #2 on: November 13, 2023, 12:52:24 am »
Last time he called, the lady at the TEC told him that as more than 33 days had passed, it was too late for the council to register an OfR.  Is this the case please?
No, in practice TEC would let them register the debt no matter what the delay is. That being said, rather than calling TEC you can simply check the amount due on the council website.

If the delay gets to six months, you can use the formal complaints process to force the council's hand.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

dave-o

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Re: Timescale for Order for Recovery
« Reply #3 on: November 13, 2023, 03:09:41 pm »
rather than calling TEC you can simply check the amount due on the council website.

Sorry, could you elaborate?  How would it appear depending on each circumstance?

Incandescent

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Re: Timescale for Order for Recovery
« Reply #4 on: November 13, 2023, 05:40:19 pm »
When they register the debt at TEC, they add on 9, to the amount on the Charge Certificate.  This is the TEC registration fee, so it's pretty obvious when registration has occurred.
« Last Edit: November 14, 2023, 11:58:35 pm by cp8759 »

cp8759

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Re: Timescale for Order for Recovery
« Reply #5 on: November 14, 2023, 11:59:24 pm »
rather than calling TEC you can simply check the amount due on the council website.

Sorry, could you elaborate?  How would it appear depending on each circumstance?
When the debt has been registered, the amount due on the council website will go up to 99.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

dave-o

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Re: Timescale for Order for Recovery
« Reply #6 on: November 22, 2023, 11:40:24 am »
When they register the debt at TEC, they add on 9, to the amount on the Charge Certificate.  This is the TEC registration fee, so it's pretty obvious when registration has occurred.

Thanks, this would be very helpful, but the charge outstanding on the council website still says 60, which is what it would have been before the CC.

cp8759

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Re: Timescale for Order for Recovery
« Reply #7 on: November 23, 2023, 12:02:45 am »
Then I'm afraid you'll just have to keep calling TEC.

It's very strange because this suggests that anyone getting a Harrow charge certificate who simply wants to pay it would only be required to pay 90, so the council is missing out on the extra money, but it seems there are no limits to their incompetence.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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