3. Brighton Charge Certificate restricted road parking/unloading
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Brighton Charge Certificate restricted road parking/unloading
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Good afternoon,

We have just received Charge Certificate, this first ever from Brighton Council. Appologies, if the layout of my message here is messy. I can't figure out how to make it tidy.

The picture on the council's website reminded me so much of Joe Lycett's parking ticket story.

First of all, we never received the first issue by post. The only letter we have is the one below, which marks the oustanding amount being £105!









How do we prove that the first one was never received in a situation like this? I also found the council's website states Postal PCN printed on 30/09/2025, does this mean that they may never send it off until 11/11/2025?

Secondly, the picture of the alleged contravention only shows double yellow line. There is no car parking on it.

Am I right in thinking we have a winning case on this one, given the picture shows nothing of our car?
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #1 on: »
Not a winning case - it's likely a postal PCN was sent because you drove away before a windscreen PCN could be served. Did you see the CEO?

But because you didn't get the PCN, you have an automatic way to get it reset to this stage when they register the debt.

Are the name and address on the charge certificate correct?
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #2 on: »
Many thanks for your speedy reply!

We did not see any CEOs. The fact that there is only one picutre of the double yellow line and arguably, it can be any street's double yellow line. Is this a reliable evidence for the council to win the case, if we appeal?


The name and address are both correct.

How to get it reset to £70?

I really thought we had a winning case on this. Can I ask why this double yellow line photo would be sufficient to prove our car was there. Would there be other evidence hidden, but not showing on their website?
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #3 on: »
Pictures aren't necessary to enforce a parking PCN - the CEO's notes are sufficient.

As to the PCN you don't have, an notice to owner would be wrong, but a postal PCN correct if it was properly in preparation.

The PCN time is 18:30, the same as the picture.

As for the procedure, they register the debt with the Traffic Enforcement Centre, at which point you send a form saying you didn't get the PCN, and the debt process is cancelled but they can reissue the PCN.
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #4 on: »
OP, we're not getting the full picture, but there's time for this if the registered keeper follows advice and procedure.

At present, this has nothing to do with the driver or the specifics of the contravention. What you are saying is that the RK did not receive the postal PCN issued on 30 Sept. That's it for now.

If the council wishes to pursue the matter, then please see Order for Recovery and onwards here: https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

If the RK follows this procedure* then a further PCN would be issued by the council and then they could compile representations.


*- we recommend that the RK checks the PCN status online, say every 10 days starting in early December and when the charge increases to £115 come back here, or when they receive an Order for Recovery, whichever is the sooner.
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #5 on: »
Many thanks again for the answers! Sorry to be a pain. This Charge Certificate is something we have never come across before. The possibility of debt collection made my partner feel very anxious.

My partner wants to make a representation as there is an option on the council's website when we check the council's evidence. May I ask if making a representation now (without waiting for the debt register) will lead to some consequences?

Below is what I found on google:

"You've received a Charge Certificate because a Penalty Charge Notice (PCN) wasn't paid, but you're claiming you never received the original PCN. Wait for an Order for Recovery letter, which will allow you to make a Statutory Declaration or Witness Statement stating you didn't receive the PCN, according to Newham Council and London Borough of Havering. If successful, the original PCN will be reissued. "

May I ask if it is highly likely to get the orignal PCN reissued to us after we make a statutory declaration or Witness Statement or it's likely that the council may refuse to reissue the PCN?

If they do reissue a PCN, will us be given the 50% discount if charge is paid within 14 days?

Many thanks again for being so helpful and patient!
« Last Edit: November 13, 2025, 09:09:56 pm by dahliafield_d11 »
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #6 on: »
If you follow the process outlined by HCA and others here, you will get the CHarge Certificate cancelled, and a new PCN sent to you that you can pay at the discounted rate, or submit representations.

BTW,don't let you or your wife be intimidated by the Charge Certificate, which is seriously mendacious. In traffic and parking contraventions where PCNs are served to car or by post, county courts are NOT involved. In order to enforce PCN debts, councils throughout the UK are obliged to register the PCN debt at the Traffic Enforcement Centre based at Northampton. This is a form of county court, but has no judges and no courtrooms. ALl TEC do is register the debt (for £10 - added to your debt), which then allows the council to send you an Order for Recovery, which you can, of course, pay, but most people just submit a WItness Statement (for PCNs under the TMA 2004), or a Statutory Declaration, (for London-specific Acts like the LLA & TfL Act 2002).

There is no possibility whatever of a CCJ in any circumstances. The legal process was carefully written way back in 1990 to make sure CCJs could never be granted.
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #7 on: »
Thank you very much for the reassurance! It does give us some peace of mind. From other people's posts, I saw someone mentioned checking with the council on the 21st day after which the Charge Certificate is issued. Is time of essence on this case? I must keep this in mind, if it is critical to keep to the deadline.
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #8 on: »
Sorry, but you're coming back with questions which have already been answered in the link.

Next steps

What happens next depends on the grounds for making the witness statement.

If the ground is that the Notice to Owner was not received, the Order for Recovery, Charge Certificate and Notice to Owner are cancelled. The enforcement authority may then issue a new Notice to Owner;

NB. a postal PCN is a Notice to Owner for these purposes.

Of course 'time is of the essence'. This is a regulated process which follows strict deadlines e.g. 14 days in which to pay the CC; 21 days in which to submit a WS following service of an OfR.

Time is important, but easily managed and not onerous or something which should concern the RK unnecessarily. Just stay alert.
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #9 on: »
Quote from: H C Andersen on November 13, 2025, 05:28:40 pm
*- we recommend that the RK checks the PCN status online, say every 10 days starting in early December and when the charge increases to £115 come back here, or when they receive an Order for Recovery, whichever is the sooner.
The very earliest day on which the debt can be registered, generating an OfR, is 27th November.
So HCA's estimate of December is realistic.
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Re: Brighton Charge Certificate restricted road parking/unloading
« Reply #10 on: »
Thank you all of the input and efforts in explaining all of this. I will keep a close eye on the date. Sorry for asking questions that were answered already. My head was not very clear on all of these procedure and timing. Many thanks again for all of your kind help!
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