Author Topic: Charge Certificate Received with no notice of rejection of appeal  (Read 545 times)

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Hi guys
Timeline Date issued: 08/12/23 Date of appeal: 01/01/24
Charge Certificate: beginning of March - I then emailed to let them I did appeal and received no response
Looking for some advice regarding this PCN and issue with Ealing council
They issued a PCN in December I recieved it from my lease company end of December, I then appealed the PCN however didn't receive a single response to the appeal until I got this charge certificate to which I contacted them again to let them know I did appeal. They responded today with it's too late to appeal. Essentially what they're saying is while the process of moving the PCN from the lease company to me (in this period was when I appealed) they chose to ignore my PCN and keep it on file on purpose since they classified me as a 3rd party.
They said I have to pay £195 in the next 10 days or it will be registered to the county court. How does this work do I attend court and fight my side?
Is there anything I can do at this stage, it just feels like day light robbery paying £195 at this point
For context I have a leased car and I appealed once the lease company passed the PCN onto me

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Re: Charge Certificate Received with no notice of rejection of appeal
« Reply #1 on: »
When you received the PCN from the lease company was it addressed to you or the lease company ? Also who is the Charge Certificate addressed to ?

Until you get a PCN with your name and address on it, you have no role in the process. I suspect a council and lease company ****-up here but can't advise until you answer the questions. Post up the documents you have, please.

BTW pay no attention to the "death by hanging" threats on the CC, there is a simple and easy way to revert the process back to the PCN stage.
« Last Edit: April 19, 2024, 08:14:35 pm by Incandescent »

Re: Charge Certificate Received with no notice of rejection of appeal
« Reply #2 on: »
My initial PCN was from my lease company forwarding the PCN onto me and then I appealed same day a day or two after I got a PCN in my post from Ealing council however since I already appealed I didn’t think I had to appeal twice

I’ve attached the initial PCN to my lease company, who sent me the PCN on the 30th of December, I then appealed 1st of Jan 2024, I recieved a letter from Ealing council around the 3rd of Jan I think, however I can’t find this letter now

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Re: Charge Certificate Received with no notice of rejection of appeal
« Reply #3 on: »
Also the charge certificate is addressed to me

Re: Charge Certificate Received with no notice of rejection of appeal
« Reply #4 on: »
Quote
a day or two after I got a PCN in my post from Ealing council however since I already appealed I didn’t think I had to appeal twice
When you submitted your representations, did you include your address ? The lease company have been rather remiss in sending you their PCN. They should have advise you to wait for a PCN in your name. You should not have submitted reps for the first PCN, it was addressed to the lease company. So there is a bit of a mess at the moment, frankly. By not responding to the PCN addressed to you, they have now sent you a Charge Certificate, the next stage in the process.

I'm not quite sure what to advise on this situation so wait until others come on so you get the best advice.  It is probable you will have to wait until the Order for Recovery stage, and then submit a Witness Statement, or maybe a Statutory Declaration. We don't know which because you haven't posted up the PCN. Y
« Last Edit: April 20, 2024, 12:28:31 am by Incandescent »

Re: Charge Certificate Received with no notice of rejection of appeal
« Reply #5 on: »
@Haris2902 the charge certificate is easily dealt with, but for starters please give us the PCN number and the number plate, we want to explore options to get the PCN cancelled entirely once we've had the matter reset.

This is a traffic management case, so the steps to follow are detailed in this guide: https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

Any questions, please ask.
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