Free Traffic Legal Advice

Hello all,

I received a PCN for driving down a street with a timed restriction for schools. I appealed on the grounds that i couldn’t see the sign as it was not positioned clearly in sight for drivers entering the restricted road. I’m sorry i no longer have the paper work for the original PCN.

I received an email receipt for my appeal informing me that the PCN was on hold until they reviewed my appeal.

(Submission Date/Time: 05/07/2024 00:28:08)

After a long time had passed. I had received no further or email correspondence or anything in the post. I thought it best to see what if anything had been updated online. To my shock the fine had been raised to £195, with no notice of my rejected appeal.

I immediately wrote to Camden who replied this morning:

‘I have had a look at your case notes and I can see that on the 9th of August the following letter was sent to your address;
 
“NOTICE OF REJECTION OF REPRESENTATIONS AGAINST PENALTY CHARGE NOTICE”
 
You have to appeal to London Tribunals, PO Box 10598, Nottingham, NG6 6DR’

I had received no such letter. Informed the parking depart at Camden that this was the case. To which they replied:

‘ Hi Joshua.
 
I advise you to wait for the ‘Order of Recovery’ which is due to be issued next week. You can then make an application to the Traffic Enforcement Centre on the grounds that you didn't receive the Notice of Rejection. Once they have accepted the request we can revert the PCN back the status before the Charge Certificate was issued. The other option is to pay the PCN.’


I’m happy to follow their instructions. However, I am worried about the  implications of the ‘order of recovery’, and also how I can prove that I didn’t receive the notice of rejection from Camden. Hopefully this will just be a straightforward scenario where I send them a letter informing that no notice of rejection had been received, and I will get the chance to review the grounds of the originally rejected appeal, and decide whether to pay the discounted fine or challenge the PCN at an independent tribunal.
Does an ‘order of recovery’ mean I’m liable to a CCJ, or any further penalties? How can I prove that no letter of rejection was received ?

Thanks in advance for any help given on this topic.

JP

+1
Also see the appropriate guide from this list
https://www.ftla.uk/announcements/

Please post the PCN first page (only redact yr name & address).

Are you telling us everything?

You no longer have the PCN - why?

You haven't received two letters - rejection and charge certificate.

In reference to this:

‘If the ground is that the Notice of Rejection or a decision from the adjudicator was not received, the Enforcement Authority must refer the statutory declaration to the adjudicator who will decide what will happen next.’


Is the adjudicator independent or part of Camden council. This seems to cast doubt on whether I will be able to revive the initial rejection of my appeal and have an opportunity to challenge it or pay the reduced fine/

Many Thanks again.

JP

Thank so much for your detailed reply.

What I’m trying to understand is whether it’s straight forward procedure to inform that the Traffic Enforcement Center after my ‘order for recovery’ comes through, that I didn’t not receive a ‘rejection of appeal’ letter/email or any further correspondence after the initial PCN. Whether after sending this information they will rescind the extra charges and give me the opportunity to read the terms my rejection was based on, and chose the fight on or pay the PCN at the original discounted rate.

From what I’ve read there seems to be an unpredictability about this process, which seems unfair as the penalty fee was being raised unbeknownst to me. As I was waiting upon further correspondence after my initial appeal.

I hope this makes sense. Thank you again to all have helped me on this topic. This forum is an amazing support.

The case should then be referred to the independent adjudicator at the London Tribunals for direction on how to proceed. Likely the Adjudicator will order that the matter is to be heard as an appeal or the adjudicator might order the Council to re-serve the NoR.

But there are standing directions on this, issued by the tribunal in 2016.

In a case where you didn't receive the rejection the the council must send you a copy. You can then decide if you wish to proceed to tribunal.

Where the standing directions fail is that that they don't define if you can pay the discount if it had been offered in the original rejection. It remains an interesting bone of contention.

But at the moment you don't have any choice but to make the Statutory Declaration, otherwise you will be liable for £205.

Hello,

I’m still yet to receive the order of recovery, however, I’ve just read through another’s users post on a similar situation that seemed to advanced unfavourably.
After sending his witnessed declaration that he had not received ´notice of rejection’, he was asked to prove he didn’t receive post? How is it possible to prove such a thing?

Check the amount outstanding for the PCN on Camden's website. Is it still £195 or has it risen to £205? The £10 difference is the Traffic Enforcement Centre's registration fee and is an indicator that the Order for Recovery has been authorised and sent.

You cannot submit a Statutory Declaration or a Witness Statement until the charge has been registered at the TEC. So long as the SD is submitted within the time limit then the TEC will order the OfR revoked and the Charge Certificate cancelled.

There's a guide here for your situation.

PS.
Please post up the vehicle reg and the PCN number since you no longer have the PCN.