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Not quite. Where you didn't get a notice of rejection the case must be referred to the tribunal.

Yes, indeed that is the requirement, but I understand from another thread is that there is a Practice Direction from London Tribunals that the council can re-send the letter of rejection.  I think it was Neil B who pointed this out.

Re-service of Notice of Rejection after a Ground 2 Declaration

10.The Authority may re-serve the Notice of Rejection on the Declarant and allow a further 28 days to appeal. To comply with the Regulations, the Authority is required to refer the declaration to the Adjudicator under these circumstances, even though no action is required of the Adjudicator.

11. Where the Authority has re-served a Notice of Rejection after a Ground 2 Declaration in line with the process described in the paragraph above, and the Declarant appeals against the reserved Notice of Rejection, the Authority should ensure that the case summary indicates that there had been re-service. The date of the re-service must be indicated in the verification code and the Notice of Appeal form to enable the Proper Officer to ascertain whether the appeals are made in time

www.londontribunals.gov.uk/sites/default/files/Practice%20Direction%2003-2024%20on%20behalf%20of%20ETA%2028%20November%202024%20%28PWS%29.pdf

You need to keep an eye on the status of the PCN on Brent's site - you can only file a witness statement when the debt is registered at TEC. You can also call TEC to check.

You don't need the posted order for recovery to make a witness statement as the form can be done online and emailed to TEC.

https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf

+1.

There is NOTHING you can do at this stage because that's procedure.
The penalty won't increase*, it will decrease IF you follow procedure which is set out clearly in this link, start at Charge Certificate:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

There is nothing unusual, rare or unique about your position, we see similar threads regularly. We know the very straightforward procedure and would guide you. Ultimately, your next step is to tick one box on a form, sign and send as directed (email preferably) to the Traffic Enforcement Centre who will CANCEL the charge certificate. The ball would then be in the authority's court.


*- as stated by others, procedurally the authority have to pay TEC £10 to register the debt and this is recoverable from you if you don't follow our guidance. But this and CC surcharge are both cancelled by TEC if you follow procedure.

Sorry just to confirm, I should do nothing until I receive this form?

Sorry this is the first time this is happened and I'm finding it quite overwhelming

Quote from: Incandescent on Yesterday at 11:59:55 pm

Just to expand a bit on what Tincombe has said.

The council cannot enforce the PCN debt until they have registered it with the Traffic Enforcement Centre, (TEC) (a form of county court, but with no courts or judges). They can only do this after the period for payment of the Charge Certificate has expired. Some councils are quite prompt, but others can take weeks.  Registration means the £240 has £10 added to it, being the TEC fee. They then send you an Order for Recovery, at which point you can submit a Witness Statement to TEC ticking the box for "submitted reps but didn't receive Notice of Rejection". TEC will then revert the process to the stage where you submitted representations but got no rejection letter.

Thank you for this, I suppose my biggest worry is if the penalty keeps increasing

Your maximum exposure is the £250 after they have registered the debt. Only if you do nothing at all will it get bigger, because the council will instruct bailiffs to collect the debt.

So be proactive and you'll easily get the matter reverted as explained here.  Witness Statements for parking contraventions are submitted in their thousands, it is a routine matter, and nothing to get worked up about.

Could I just ask when would I know to get the ball rolling with this? Like will they notify me via letter etc.

They are obliged by law to send you postal notification of debt registration in the form of an Order for Recovery, (OfR). Unfortunately, experience of this forum is that post can be seriously delayed or it never arrives, and this stage is crucial, as it's the final stage before bailiffs can be instructed. This is why you must be pro-active and not just sit around waiting for the OfR to arrive.

So after the period for payment of the CC expires, you need to check whether the debt has been registered by phoning TEC about every 7-10 days to enquire if it's registered. As soon as it has, you can download the Witness Statement form from the TEC website. The form should also be included with the OfR. All it needs is filling in the details and sendin off, email is best, (photo of the completed form).

If you can view your PCN on their website, it usually tells you the amount owing, so when this gets to £250, you know the debt is registered. This is an alternative to phoning TEC.