3. Dagenham - Contravention Code 30, parked too long
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #15 on: »
Once you have the NTO i will draft a representation for you
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #16 on: »
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #17 on: »
have you got the NTO yet
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #18 on: »
That looks open and shut on the issue of ambiguous signage. As PMB says, you need the NTO in order to challenge this further.
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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: Dagenham - Contravention Code 30, parked too long
« Reply #19 on: »
I've been away since 02/11/2023 but receiced a letter on 02/11/2023 (only read today (12/11/2023)) for a charge certificate as I did not respond to the NTO they sent on 28/09/2023.

But I never received the NTO. I had been mindful about it and have been waiting for it.

What are my next steps?



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Re: Dagenham - Contravention Code 30, parked too long
« Reply #20 on: »
Worry not, you haven't received the NtO, so don't pay the CC, (the only option on it), but wait for the Order for Recovery, issued after the council register the PCN with the Traffic Enforcement Centre, then submit a Statutory Declaration that you never received the NtO.  The matter will then be reverted to NtO stage at which point you can submit representations, (or pay of course !)'

However, missing the Nto indicates a possible mail problem, so you now need to be proactive, and at the end of the allowed payment period on the CC, phone TEC every 7-8 days to enquire whether the PCN has been registered. Once it has, you don't need the OfR, you can submit the form straightaway, having downloaded it from the TEC website.  I think the form you need is TE9, (Witness Statement). Others will confirm or correct me.  Reember when filling in the form, the "Applicant" is the council. You are the "Respondent"
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #21 on: »
You don't need to call TEC, you can simply check the amount outstanding on the council website. You know it's going to be accurate because they'll want to make sure that if you pay, you pay the higher amount.

Once the 14 day charge certificate period has expired, check the amount due at least once a week on https://parkingpayments.lbbd.gov.uk/3sc/. As soon as it goes up to £99 you can download form TE9 and fill it in (no need to print, just type it out on your computer and save), remember you are not the "applicant", the "applicant" is the council.

Once that's done you can email it to tec@justice.gov.uk with the PCN number in the subject line and both the Order for Recovery and the Charge Certificate will be revoked.

The council will then re-issue the Notice to Owner, again don't rely on the post just keep checking the council website. You'll know the PCN is back at the Notice to Owner stage when the outstanding charge changes to £60. At that point we will help you draft a formal representation.
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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: Dagenham - Contravention Code 30, parked too long
« Reply #22 on: »
I've received an outstanding payment reminder stating that a full payment of £90 is required to the council within 7 days and that it's my final opportunity before it goes to enforcement agents.

I've been checking the fine constantly and it remains at £90 instead of £99.

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« Last Edit: November 28, 2023, 03:08:42 pm by george74 »
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #23 on: »
The legality of this letter has to be seriously questioned. Certainly there is no "reminder letter" defined anywhere in the legislation, (Act and regulations). The letter does no mention the Order for Recovery, which is the last stage before bailiffs can be instructed, indeed, the OfR stage offers a payment option, albeit £9 more than the Charge Certificate stage.
You can safely ignore the letter as it is, (in my view), unlawful intimidation. However, you must continue to be proactive and continue to determine when the debt is registered so you can submit your TE9.
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #24 on: »
I think that letter is illegal and can be used in an appeal. While in a moving traffic case such an argument would have no merit, in a parking case regulation 2 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 says:

(2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—

(a) the TMA 2004,
(b) the 2022 General Regulations, or
(c) these Regulations,

in relation to the imposition or recovery of a penalty charge or other sum.

(3) For the purposes of paragraph (2) such a failure includes, in particular, the taking of any step, whether or not involving the service of any document, otherwise than—

(a) in accordance with the conditions subject to which, or
(b) at the time or during the period when,

it is authorised or required by the 2022 General Regulations or these Regulations to be taken.

Service of that letter looks to me like "the taking of any step...otherwise than ...at the time or during the period when... it is authorised or required by the 2022 General Regulations or these Regulations to be taken".

This is because the regulations neither authorise nor require service of that letter, so it is a procedural impropriety.
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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: Dagenham - Contravention Code 30, parked too long
« Reply #25 on: »
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #26 on: »
The payment remains at £90 online and every time I try to call TEC i'm stuck waiting for a long time before it cuts out around 1 hr.

I haven't had any further letters.
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #27 on: »
As you will have gathered, B & D Council are a load of muppets but we have to live with it. I am surprised you can't get through to TEC, but the other key piece of info is the amount outstanding. Once that gets to £99 it means they have registered the debt and you can submit your statutory declaration.

The website Bailiff Advice Online lists two phone numbers for TEC
https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/about-the-traffic-enforcement-centre
See bottom of the page
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #28 on: »
I finally have an update on this.

The PCN online did not change to £99 but instead gave the following:

"This Penalty Charge Notice is at a stage where payment can no longer be made via this website. Please contact Parking Services for details: parking@lbbd.gov.uk"

I have now sent the TE9 form (thanks cp8759) - hopefully I hear back soon.
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Re: Dagenham - Contravention Code 30, parked too long
« Reply #29 on: »
I have received the new notice to owner.

What should I write in my appeal?

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