3. Council hasn't responded to my appeal or any correspondence, and now threatening court action
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Council hasn't responded to my appeal or any correspondence, and now threatening court action
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I received a PCN from Tower Hamlets Council which I appealed online within 14 days.
I received no response from the council and they wrote me a letter that because I haven't appealed my original fine has now increased to £195.
I wrote back to the council stating that I received no response to my appeal, so why am I being charged extra? Why have they not followed their own protocol? I've also informed the council that I have moved houses and provided them with my current address.

There has been no communication from the council or any acknowledgement of my letter to them which was sent via Royal Mail Signed For service.

The council then wrote a letter to my OLD address again stating that I haven't paid them the £195 and I will now be facing court action unless I pay within 7 days (by 25th June).

The council have ignored their own protocol and not responded to any of my communication including the original appeal. What can I do please?

I have evidence of original appeal and letter(s) sent to them.
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #1 on: »
Did you give the council your new address when you made representations?

Did you keep a screenshot of the confirmation screen, or do you have a confirmation email?
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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
Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #2 on: »
Quote from: cp8759 on June 24, 2023, 02:38:04 pm
Did you give the council your new address when you made representations?

Did you keep a screenshot of the confirmation screen, or do you have a confirmation email?

@cp8759. Yes notified them of address change and have email confirmation of representation made.
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #3 on: »
Can you show us the charge certificate please?
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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
Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #4 on: »
Quote from: cp8759 on June 24, 2023, 04:32:01 pm
Can you show us the charge certificate please?

@cp8759 Trying to upload but there is an error?
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #5 on: »
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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
Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #6 on: »
@cp8759 - I hope this works, let me know if you can view the link and attachments please?

« Last Edit: June 26, 2023, 05:03:21 pm by Manisb »
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #7 on: »
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #8 on: »
I can't see where you've specifically informed the council that you've moved address?
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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
Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #9 on: »
Quote from: cp8759 on June 26, 2023, 08:10:48 pm
I can't see where you've specifically informed the council that you've moved address?

@cp8759
In my representation/appeal I provide my new address and in the letter to the council I inform them of my address change.
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #10 on: »
Quote from: Manisb on June 26, 2023, 10:52:58 pm
...and in the letter to the council I inform them of my address change.
Sorry which of the 7 documents are you talking about exactly?
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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
Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #11 on: »
Quote from: cp8759 on June 26, 2023, 11:06:18 pm
Quote from: Manisb on June 26, 2023, 10:52:58 pm
...and in the letter to the council I inform them of my address change.
Sorry which of the 7 documents are you talking about exactly?

Document 2 and Document 7 (last paragraph).

I've blocked out my address/personal details but it most definitely refers to my new address.
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #12 on: »
@cp8759 is there anything I can do?
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Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #13 on: »
Quote from: Manisb on June 28, 2023, 11:17:29 am
@cp8759 is there anything I can do?
Yes, you have made representations and have not received a Notice of Rejection, so you can make a statutory declaration to that effect once an Order for Recovery has been issued.

Please read this page https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process from the "charge certificate" paragraph down to the end of the page.

Then please confirm if you understand the next steps or ask any questions you may have.
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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
Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
« Reply #14 on: »
Quote from: cp8759 on June 28, 2023, 11:31:32 am
Quote from: Manisb on June 28, 2023, 11:17:29 am
@cp8759 is there anything I can do?
Yes, you have made representations and have not received a Notice of Rejection, so you can make a statutory declaration to that effect once an Order for Recovery has been issued.

Please read this page https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process from the "charge certificate" paragraph down to the end of the page.

Then please confirm if you understand the next steps or ask any questions you may have.

@cp8759 - thank you!

As far as I understand, I must now contact the Traffic Enforcement Centre (TEC) to inform them I didn't receive the Notice of Rejection from the council?
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  3. Council hasn't responded to my appeal or any correspondence, and now threatening court action