Thank you
Here's their reply, as I didn't tick a box - I just responded with a witness statement and added I didn't receive the Charge Certificate, because I only saw it for the first time when notified about the last update on the BH website.
I have ticked the box now having revisited this thread... but obviously haven't sent it.
Here's a copy of the statement as I thought this was what I was supposed to reply with. I point out the fact I didn't receive a Charge Certificate. I was unclear about the process and whether I was supposed to get one. I tried to phone BH Parking Services but it's a stonewall of convoluted telephone machines.
I couldn't get through to BH Parking Services. There does seem a long time between processes here.
Anyway: here is the statement:
To: Traffic Enforcements Centre
County Court Business Centre
St Katherine’s House
21-27 St Katherine’s Street
Northampton
NN1 2LH
24th April 2024
Witness Statement in response to Order for Recovery
Regarding Penalty Charge Notice (PCN) BH10240956
Date: 11/03/2023
Time: 16:29
Registration: EN52FMG
I am writing this witness statement in response to the order for recovery of an unpaid penalty charge issued to me. Upon receiving the order, I reviewed the PCN history at the provided website link (
https://brighton-hove.tarantoportal.com/PCNs/PCN/KeyEvents) and was surprised to find that a Charge Certificate was issued on 18/07/2023 at 07:21, as I have no record of receiving this certificate either via email or by post.
I must clarify that currently I am suffering from Chronic Fatigue Syndrome (CFS) and experience episodes of brain fog, which affects my memory and cognitive functions - this can be verified with Dr Burgess at Pavilion Surgery,2-3 Old Steine, Kemptown, Brighton and Hove, Brighton BN1 1EJ. One of the reasons I am challenging this is because this PCN seems inordinately harsh and since losing my job, I am having trouble with money.
Despite my condition, I diligently searched through my emails, including deleted items and spam folders, but found no trace of the Charge Certificate for the aforementioned date.
I was told at the Notice of Rejection on June 6 2023 that ‘If, after 28 days, you take no action, we may send you a Charge Certificate increasing the £70.00 charge by 50%. You will then have 14 days to pay this increased charge. If after 14 days this charge has not been paid, we may apply to the County Court to recover the money, plus court costs, from you.’
I reiterate that I received no such Charge Certificate so was unaware this process was activated. I had I done I would have taken steps to address the matter.
Additionally, I find it concerning that there is a nine-month gap between the issuance of the Charge Certificate, which I did not receive, and the unexpected Order for Recovery. I seek clarification if such a lengthy delay is standard procedure.
As Form TE3 advised I phoned the Brighton Parking dept and was met with a series of automated messages saying that they weren’t legally permitted to share information about my own PCN and appeal.
I kindly request guidance on the necessary steps to address this matter further.
Additional supporting points that may be relevant, please ignore if they have already been dealt with:
I also provided valid grounds for why my vehicle was parked on Church Street at the time of the PCN issuance, if permitted I politely ask for them to be taken under consideration.
Firstly, I stated that I was loading leads for the Toads games at a nearby pub. Despite the Civil Enforcement Officer's assertion of not witnessing this activity, I reiterate that the absence of evidence does not negate the occurrence of the event. I provided contact details of the pub and the individual I was assisting to support my claim.
Secondly, I questioned the allowance of 40 minutes for loading and unloading activities. While Brighton Parking indicated that there is no provision for a specific time-frame, I argue that the nature of the items being unloaded, namely Toads tables, which are heavy and cumbersome, and the lack of immediate parking availability directly outside the pub, should be considered.
Thirdly, I inquired about the possibility of photographic evidence of my vehicle at the location after the specified times. While I understand that there is no legal requirement for Civil Enforcement Officers to take photographs, I believe such evidence could substantiate my claims. Although the CEO said there is no legal duty to do so, it stands to reason that had the vehicle not been there, this would have been observed.
Fourthly, I stated that I didn't register the sign because I assumed, like most of the UK, parking on yellow lines is permitted at the weekend. It is well known wardens usually give a grace period of ten minutes for parking.
Fifthly, I noted that the PCN was open and wet when I arrived at the car and asked if a ticket in this state is valid or if it may have been tampered with. This calls into question the propriety of its issue.
Sixthly, I raised the issue of receiving the response as a PDF in my junk mail. I assumed that the correct issue is when I receive the response, not when it's created in an office, as we have no record of its arrival.
Lastly, I asked about responding with evidence and the lack of a deadline date provided in the PDF. I believe this is a fair question given my unawareness of any wrongdoing and the expectation of being able to discuss any issues with a warden.
In conclusion, I respectfully request a review of the circumstances surrounding the issuance of PCN BH10240956. I am willing to provide any additional evidence or information required to support my case and seek a fair resolution to this matter.
Yours sincerely,
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