3. PCN Bristol Council - A370 Brunel Way
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Re: PCN Bristol Council - A370 Brunel Way
« Reply #15 on: »
That could be good news: If the council has reissued the PCN without going through the TEC process, service of the new PCN is a procedural impropriety (but again, do not contact the council as you don't want to tell them that at this stage).

Did the amount on the council website ever go up to £198?

In any case you should regularly check the amount due on the council website (at least once a week) and let us know as soon as it changes, also let us know straight away if anything else comes through in the post.
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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: PCN Bristol Council - A370 Brunel Way
« Reply #16 on: »
I received a letter that said they reduced it back to £69 as a goodwill gesture, thats the only new one so far.

Online (https://ocmlive.xrxpsc.com/bristol/OCM-FE/OCM/Details.aspx), the amount never went to £198

I never received an order for recovery,
the site's cost has is at £69 and it's message remained the same:

Order For Recovery – Your case has been registered with the Traffic Enforcement Centre (TEC) at the County Court.  You must now either pay the amount due or make an application to file a Statutory Declaration

(even though it wasn't registered)

...does this mean this whole thing will restart?
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Re: PCN Bristol Council - A370 Brunel Way
« Reply #17 on: »
Please show us the letter you've received, but it very much sounds like you'll just have to wait for the debt to be registered with TEC.
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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: PCN Bristol Council - A370 Brunel Way
« Reply #18 on: »
Sorry for the late reply, I've attached the letter.
I'll keep monitoring the site, it hasn't changed.

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Re: PCN Bristol Council - A370 Brunel Way
« Reply #19 on: »
Can you please confirm, to the best of your recollection, exactly when you received the PCN? Presumably this would be the date that you got back from abroad?
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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: PCN Bristol Council - A370 Brunel Way
« Reply #20 on: »
  • The actual incident was on 08-May-2023
  • The first letter apparently was sent on 09-July-2023 (date of notice and posting)
  • saw it / opened letter on 16 July 2023 after my return



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Re: PCN Bristol Council - A370 Brunel Way
« Reply #21 on: »
So you did not receive the PCN before the 28 day period had already expired, in these circumstances I'd suggest you're entitled to make a witness statement on the ground that you did not receive the penalty charge notice.

However in order to do this, you need to wait for the debt to go back up to £198, then file a witness statement (not a statutory declaration) using form TE9 (you can fill it in on your computer, no need to print as the court will accept a typed signature) and email it to tec@justice.gov.uk with the PCN number in the subject line.

Remember the applicant is Bristol City Council, not you (you're the respondent).

The reason we warn against contacting the council in these cases is because, as has happened in this case, doing so simply delays the whole thing, sometimes by several months.
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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
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