Free Traffic Legal Advice

I would be grateful on any advice on whether I can still appeal this? If not, given I didn't receive the initial letter how can I get the fine reduced so I can pay the lower amount as opposed to £195?

It's very simple, but from now on you must be proactive, because the next stage is the council must register the debt, (the £195) at the Traffic Enforcement Centre, (a form of court. but NOT a County Court as they say on the CC). This adds £10 onto the £195 giving £205.  The council then send you an Order for Recovery for the amount. At this stage you can then submit a Statutory Declaration that you didn't receive the PCN. The matter is then reverted back to the PCN stage at which point you can pay it or submit representations.

You only have a fixed number of days to submit the SD, so it is important to now check, after the period for payment on the CC has expired, to contact the TEC at about weekly intervals to find out whether the debt has been registered.  Alternatively, if Havering have a webpage that shows you the current stage of the PCN and the amount outstanding, when that amount shows as £205 you can submit an SD without needing to receive the paper Order for Recovery. You can download the SD form from this website: -

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

For a London moving traffic offence PCN, the form is PE3.  Do note that you are not the "applicant", which is Havering Council; you are the Respondent.

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I would be grateful on any advice on whether I can still appeal this? If not, given I didn't receive the initial letter how can I get the fine reduced so I can pay the lower amount as opposed to £195?

It's very simple, but from now on you must be proactive, because the next stage is the council must register the debt, (the £195) at the Traffic Enforcement Centre, (a form of court. but NOT a County Court as they say on the CC). This adds £10 onto the £195 giving £205.  The council then send you an Order for Recovery for the amount. At this stage you can then submit a Statutory Declaration that you didn't receive the PCN. The matter is then reverted back to the PCN stage at which point you can pay it or submit representations.

You only have a fixed number of days to submit the SD, so it is important to now check, after the period for payment on the CC has expired, to contact the TEC at about weekly intervals to find out whether the debt has been registered.  Alternatively, if Havering have a webpage that shows you the current stage of the PCN and the amount outstanding, when that amount shows as £205 you can submit an SD without needing to receive the paper Order for Recovery. You can download the SD form from this website: -

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

For a London moving traffic offence PCN, the form is PE3.  Do note that you are not the "applicant", which is Havering Council; you are the Respondent.

Thanks for the response, this is really helpful. So I need to start chasing after the 14 days is up for the debt to be registered at the TEC. Then I can submit the SD and that's what can reset it to the initial time period?

It seems like an inefficient process where the fine has to be increased first before I can let them know I didn't receive the original PCN

Cumbersome, but on the other hand the reset to the original PCN and penalty is automatic as long as the process is followed correctly and no deadlines missed. Miss a deadline now and it becomes very messy and expensive.

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It seems like an inefficient process where the fine has to be increased first before I can let them know I didn't receive the original PCN

Cumbersome, but on the other hand the reset to the original PCN and penalty is automatic as long as the process is followed correctly and no deadlines missed. Miss a deadline now and it becomes very messy and expensive.

Thank you for this, that's super helpful to know it's automatic. By the way, I didn't obscure the act on purpose, I'd (wrongly) assumed that part of the letter wasn't required when I took the pic. I know for next time now thanks again!

Quote from: Incandescent on October 25, 2024, 09:33:45 am

Quote from: John U.K. on October 25, 2024, 09:23:17 am

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It seems like an inefficient process where the fine has to be increased first before I can let them know I didn't receive the original PCN

Cumbersome, but on the other hand the reset to the original PCN and penalty is automatic as long as the process is followed correctly and no deadlines missed. Miss a deadline now and it becomes very messy and expensive.

Indeed it does, and we've seen them on this forum and on the now-closed Pepipoo forum over the years !

OP, you can only submit the SD once the debt is registered at TEC, not before.

Thanks for confirming, much obliged 

I've been chasing this with the TEC since last week and still nothing. I've completed my statutory declaration which I hope to get signed at the court this week. They keep telling me to contact the council when I eventually speak to the TEC but from what I see that's not the play at this stage

I've finally received the order for recovery (after I've been chasing since November). I have the signed statutory declaration, so I plan to send that off to the address stated today. I think that's the right steps in order but please shout if I've missed anything

A tad premature to suggest paying as you've not got a PCN (perhaps you've not completed the SD correctly- remember, the witness signatory doesn't check anything, only you signing!).

Anyway, assuming a PCN arrives in time we need to check regulatory compliance and the quality of their evidence.