Free Traffic Legal Advice

As advised I've posted this back on the original thread. There is a link to my dropbox with the pic files in.

In reference to previous thread: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/charge-certificate-sent-ignoring-my-nto-representations-brighton-council-ignore-/msg2252/#msg2252

Hi Guys

I responded as advised and received a response from the Traffic Enforcement Centre at Northampton CC:

Order for recovery: revoked
Charge certificate: cancelled

Thank you.

of course this does not cancel original PCN and true to form BHCC Parking Services are back.
They say an NtO is on its way after failing to send one originally.

Here's a link to the files: https://www.dropbox.com/scl/fo/wpswr1x04gvknn0kzgg5i/ANI3lZ9C_Lc6Yq-9_YuXeYo?rlkey=h3ipouyjcf4ym4vtfujvf2lz1&st=93jvv2dz&dl=0
I've attached the CC judgement, plus the new correspondence from BH Parking services, wondering what to do now.

Thank you for all your help.

Jack

TBF I'm confused myself, and apologies if I've not found my way round the threads properly.

But I was advised on here to 'just send' the County Court submission form where it only gives you four options when I know that BHCC had missed out a part of the process.

Now after going back to the PCN and claiming 70 pounds they say they will send an a new NtO - which I'm still yet to receive.

Does this process begin again? Seems ludicrous. The warden didn't hang around long. His notes were all compiled within the same minute at  16.31 after issuing the ticket at 16.29

Thanks all for the assistance, god knows I need it.

The witness statement was sent first time without the boxes ticked.
I made a note to the CC that one of the processes was missing but not one that was on the form, asking for their advice.
They sent it back.
I shared this on here and was advised to tick the appropriate box and sent it back.



Here's a record of the events from the council:
Date
Description
19/06/2024 07:16   NTO/Enforcement Notice Issued
18/06/2024 13:20   WS Box 1 letter
18/06/2024 13:15   Off hold no compensate
18/06/2024 13:15   Revoking Order Received, Box 1: No NTO Received
29/05/2024 13:28   On Hold : WARRANT REGISTRATION REJECTED
19/04/2024 07:30   Notice of Debt Registration Issued
14/03/2024 17:12   Off hold no compensate
04/12/2023 15:30   On Hold: PRE DEBT
18/07/2023 07:21   Charge Certificate Issued
16/06/2023 11:22   Notice of Rejection
16/06/2023 10:55   Off hold no compensate
16/06/2023 10:55   Representation submitted Under review
16/06/2023 10:55   Representation Rejected
12/06/2023 17:02   On Hold :Representation Received
12/05/2023 07:16   NTO/Enforcement Notice Issued
26/04/2023 14:34   Challenge Rejection
26/04/2023 13:07   Offer £35.00 until 11/05/2023
26/04/2023 13:07   Offer Period Revoked
26/04/2023 13:06   Off hold no compensate
26/04/2023 13:06   Representation Rejected
24/04/2023 18:01   On Hold: Challenge Received
24/04/2023 18:01   Off Hold Compensate
18/04/2023 13:50   On Hold: Challenge Received
18/04/2023 10:40   Evidence Request
18/04/2023 10:32   Offer £35.00 until 03/05/2023
18/04/2023 10:32   Off hold no compensate
18/04/2023 10:32   Representation Rejected
18/04/2023 10:32   Further information requested
26/03/2023 13:03   On Hold: Challenge Received

Quote from: JackFB on May 07, 2024, 04:37:38 pm

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,

None of that has any place on a TE9.
If attached it will be ignored or worse. you may get rejected again.

Complete the form ticking just the relevant box and get it sent to tec@justice.gov.uk

Come back here to confirm you've received an acknowledgement e-mail.

here

Thank you for noticing that.

The link to the letter they sent is in the previous post here it is again: https://www.dropbox.com/scl/fo/wpswr1x04gvknn0kzgg5i/ANI3lZ9C_Lc6Yq-9_YuXeYo?rlkey=9tx21hc26pxqk1m85feith0zd&st=eps7199r&dl=0

- nowhere on it does it say NtO so hopefully I'm safe to assume it isn't. The NtO is yet to arrive.

Kind regards
JackFB

So the NTO has arrived. Here is the link to the dropbox
https://www.dropbox.com/scl/fo/wpswr1x04gvknn0kzgg5i/ANI3lZ9C_Lc6Yq-9_YuXeYo?rlkey=h3ipouyjcf4ym4vtfujvf2lz1&st=6j4my5gk&dl=0

Thanks for your attention.

kind regards
Jonny

OP, would you pl confirm which grounds you ticked in your final WS. The council's record shows:

The case progression record says "18/06/2024 13:15   Revoking Order Received, Box 1: No NTO Received"
and
18/06/2024 13:20   WS Box 1 letter
19/06/2024 07:16   NTO/Enforcement Notice Issued