Author Topic: Camden council, notice of rejection not sent  (Read 937 times)

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Re: Camden council, notice of rejection not sent
« Reply #15 on: »
OP, as has been stated at least twice now, ifyou submit a SD to the Traffic Enforcement Centre in time then the OfR and Charge Cert WILL BE CANCELLED, it's the law.

As you now have another PCN you can see the relevant legislation - it's printed at the top of page 1.

https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted

Invalid notices
7(1)This paragraph applies where—

(a)a county court makes an order under paragraph 6 above; [the OfR]

(b)the person against whom it is made makes a statutory declaration complying with sub-paragraph (2) below; and

(c)that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court’s order is served on him, served on the county court which made the order.[submitting in proper form in time].....

.....
8)Subject to sub-paragraphs (3) above and (10) below[not relevant here], where a statutory declaration is served under sub-paragraph (1)(c) above—

(a)the order of the court shall be deemed to have been revoked;

(b)the charge certificate shall be deemed to have been cancelled;

...
11)Where a declaration has been served under sub-paragraph (2)(b) or (c) above[this is you], the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate.


Your actions now:
Contact the council to see if an OfR has been issued, if so what's its date?
Alternatively, as said by others look online and check the outstanding sum. If £205 then it's been registered.
Come back here with the answer.

Remember, 21 days. Don't forget, put it in a drawer, procrastinate or otherwise!
« Last Edit: October 15, 2024, 09:56:41 am by H C Andersen »

Re: Camden council, notice of rejection not sent
« Reply #16 on: »
Price is still at £195

Thank you for the further advice.

PCN : CU67521373
REG: YG69AVZ

Re: Camden council, notice of rejection not sent
« Reply #17 on: »
Hi guys, statutory declaration form received.
Apologies in advance if this question has already been answered. However, it’s a little unclear to me, and quite frankly the issue makes me nervous.
I didn’t receive the notice of rejection. However, that doesn’t mean that it wasn’t delivered. Potentially taken in confusion by a neighbour, or accidentally thrown away by my cleaner.
I imagine the notice of rejection is delivered by Royal Mail recorded delivery? What if this is the case and my declaration is challenged? I’ll have no proof except my word against a letter that may have well been delivered and lost/missplaced. After all, the other correspondence arrived without issue (the initial PCN and the latest document with the declaration form attached )
Excuse me if this comes across as paranoia. I just don’t want to risk the potential of this being escalated any further.
Thank you if you are able to offer any further assistance on this subject.

Re: Camden council, notice of rejection not sent
« Reply #18 on: »
Relax, this is not a murder trial !  All official correspondence and statutory documents are sent by normal 1st Class post and failure to arrive is commonplace in London. The plain fact is you did not receive the Letter of Rejection,  end of.

So all you now have to do is fill in the form, tick the box for

"I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice"

Nothing is needed in the "Reasons" box

Get it witnessed and sent off. Best to send via email. 

Remember when filling in the form that the " Applicant" is Camden Council, not you.  You are the "Respondent".

Re: Camden council, notice of rejection not sent
« Reply #19 on: »
Just to add.
You can have your SD witnessed FOC at any convenient County Court. Phone and check opening hours first and make an appointment if necessary. Else a Solicitor or a Magistrate's Court will witness but charge £5-10. Don't sign the SD until you're in the presence of the witness.

Scan the completed Statutory Declaaration  to a PDF file and attach it to an email to the TEC. Put Statutory Declaration and the PCN number in the email subject line. The email address is on the SD form. You should get an acknowledgement receipt by email within a few minutes. That way it won't be lost in the post.
« Last Edit: October 30, 2024, 12:30:11 am by Enceladus »

Re: Camden council, notice of rejection not sent
« Reply #20 on: »
Just to add.
You can have your SD witnessed FOC at any convenient County Court. Phone and check opening hours first and make an appointment if necessary. Else a Solicitor or a Magistrate's Court will witness but charge £5-10. Don't sign the SD until you're in the presence of the witness.

Scan the completed Statutory Declaaration  to a PDF file and attach it to an email to the TEC. Put Statutory Declaration and the PCN number in the email subject line. The email address is on the SD form. You should get an acknowledgement receipt by email within a few minutes. That way it won't be lost in the post.
+1

Re: Camden council, notice of rejection not sent
« Reply #21 on: »
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?

I had done that in the past. Same case as yours, waited for the order of recovery, went to the county court. They asked me to prove that I didn't receive it, and the proof was a "3 lign lette"r where I wrote and signed something like "I did not receive the letter". They then had me swear on the bible if I remember correctly, and that was it.

The proof IS your statement I believe. That is just my own experience, other senior members will be able to confirm that or not.

Re: Camden council, notice of rejection not sent
« Reply #22 on: »
Thank you again.

I presume it’s ok for the form to be witnessed by any lawyer/commissioner for oaths? It doesn’t need to be specifically done in the county court.

Re: Camden council, notice of rejection not sent
« Reply #23 on: »
Yes would be great if senior members could confirm, and explain whether there have been any long drawn out exceptions.

Re: Camden council, notice of rejection not sent
« Reply #24 on: »
Last post was in reply to ‘estevenin’.

By long drawn out exceptions, I mean scenarios where the deceleration hasn’t been regarded as sufficient proof.


Re: Camden council, notice of rejection not sent
« Reply #25 on: »

What if this is the case and my declaration is challenged?

TEC have no power to do this.

Re: Camden council, notice of rejection not sent
« Reply #26 on: »
So the clause about perjury, and a false testament is just an empty threat to deter you from fibbing?

Re: Camden council, notice of rejection not sent
« Reply #27 on: »
No. But if you're considering lying then on your own head be it.

However, if it's the truth then that's it.

If an owner does not receive a NOR and, as required, the authority refers the contravention to the adjudicator for determination i.e. an appeal, then the adjudicator has the power to require you to produce your representations, but this is just a formality.