Free Traffic Legal Advice

Hi

Due to closure on Queensbury road, I have to use alternate route and never been to this road in my whole life. I even do not remember that we passed through the BUS GATE (never heard or seen)

PCN received couple of day before dt 16/8/2023, contravention date 06/08/2023 at 18:09, see images of PCN.

I researched regarding PCN and found out that this is a trap set up by council,

https://www.bbc.co.uk/news/uk-england-london-64394656

Camrose Avenue: Council makes £1.8m in driving fines from one road

I see many past cases here where council withdrawn at PATAS stage or lost at PATAS.

I will appreciate and need your help to prepare my defence / appeal.

All Inputs are welcome.

[ Guests cannot view attachments ]

Hi  Hippocrates

Thanks for the update, Can you please direct me to the case so I can prepare my appeal or please help me to prepare the appeal.


Regards

Congratulations on win Staygulf

PM send to MMV Redux, awaiting a reply.

+1

(I commented on the old thread)

What is the date of their e-mail?

To which OP replied -

they replied back on 31/08/2023 confirming that the they received the challenge PCN is on hold.
Check today their website which also confirms that - This offence is on hold pending a review of your recent challenge
How do they increase the value ?

It looks like nobody's told their computer it is on hold.

As November is drawing near, time for you to copy this thread over to ftla ?(see note at end of this post).

Sorry, having read back through your thread, I now realise you are on ftla under a different pseudonym. So I'll repost my comment there.

Here' the CC for you.


-----------------

Thanks

I read through some Charge certificate disputes.

When they register the debt with TEC, I will follow the process but found below -

Charge certificate sent before appeal rejection - The procedural impropriety

The Enforcement Authority will be aware of the then Chief Adjudicator's decision in case reference 2050339777 Miah v. City of Westminster in which the Local Authority had issued a Charge Certificate in similar circumstances. The Chief Adjudicator pointed out that the Charge Certificate amounted to an unlawful demand for money coupled with a threat of court action in default, and stated:
'The procedural impropriety in the issuing of this unlawful demand in my view fundamentally undermines the lawfulness of the enforcement process in this case, and undermines the authority and jurisdiction of this tribunal. This unlawful act debars the local authority from pursuing further enforcement of this penalty.'
I take the same view in this case as the Chief Adjudicator took in Miah and accordingly I allow the appeal.

If the notice of rejection was lost in the post, there is no guarantee this won't happen for the order for recovery as well. If you miss the order for recovery, it can be hard to impossible to get things back on track, so you can't run that risk.

The PCN is sat at £195 at the moment, keep an eye on https://www.harrow.gov.uk/parking-permits and as soon as it goes up to £204, you can download form PE3, fill it in (remember the applicant is the council, not you) and tick the box to say you never got the Notice of Rejection (do not fill in the reasons box, this must be left blank), then make an appointment with your local county court or magistrates' court to get it sworn.

Once the form has been sworn, scan or photograph it and email it to tec@justice.gov.uk with the PCN number in the subject line.

When the amount due on the council website drops back down to £130, it means TEC has served a revoking order on the council. Let us know when this happens (you'll need to check once every 10 days or so after you've emailed TEC) and we'll help with the next steps.

Any questions please ask.

Another classic example of the left and right hands not talking to each other.  Just wait for their next missive.