Author Topic: Hillingdon council 31J - Entering stopping box junction PCN HN71513688  (Read 3602 times)

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OK let us know when they reply.
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

OK let us know when they reply.

I have attached the ICO response for SAR of first request and the case report, now I am waiting for their response for Notice rejection, possibly they will reply to that, as I told them to keep both request separate.

Kindly review and guide what's the best course of action now.

Regards

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M3iJi

Have you received anything after the Charge Certificate? The SAR reply is rather odd because it doesn't include the Charge Certificate, so we don't really know what happened after they received the letter of authority.

I'd suggest you call TEC on 0300 123 1059 and check if the debt has been registered.

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

No havent received any charge certificate or SAR of notice rejection, only this reply was received,

i wil call them see what they have got ...

So i need to look for charge certificate for now ??

Or ask them for debt registered or not??
M3iJi

No havent received any charge certificate
Yes you have, you put it in post 34 above.

TEC won't know anything about the charge certificate, you just need to ask them if the PCN has been registered with them.
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

No havent received any charge certificate
Yes you have, you put it in post 34 above.

TEC won't know anything about the charge certificate, you just need to ask them if the PCN has been registered with them.

I called TEC they say they have no record of register with them, they say to wait for a few days and keep calling them to check in when it's registered with them, then look for some 3rd letter for recovery etc. then I can appeal to them on that instance.

So what do now ?
M3iJi

I called TEC they say they have no record of register with them, they say to wait for a few days and keep calling them to check in when it's registered with them, then look for some 3rd letter for recovery etc. then I can appeal to them on that instance.

So what do now ?

You need to call TEC once every two weeks until they tell you the PCN is registered with them. Once that happens just come back here and we'll tell you what to do next.
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

i have received this response for SAR request of notice of rejection, extended timeline

attached

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M3iJi

Unfortunately for now you'll just have to keep calling TEC once every couple of weeks.
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

Post #1, 29 March:
Hi I received this PCN, HN71513688, kindly help what can be done, I have appealed to make some time as the traffic was moving slow and the cars in front stalled although signal was green, morning rush hour, also I had my 7 month old daughter crying at back child seat who's seat strap I was adjusting while the traffic was moving very slow. Video is not viewing properly.

The PCN dated 21 Feb. was issued to the registered keeper, not the OP, and the 28-day period expired on 24 March.

The OP made representations on or around 9 March and then received an auto response to these 'representations' which they posted on 10 March, #2.

These 'representations' have been overlooked in subsequent posts which have concentrated on formulating representations. Indeed, the OP sent further 'representations' but without authority on or about 18 March.

The letter of authority(which we haven't seen) was sent on 9 April along with even more 'representations':


I have appealed this trhu online pcn challenge and attached the authority letter as well.

OP, IMO the registered keeper has no grounds to submit a Statutory Declaration.

2 sets of reps were made by you without authority and disregarded for being defective i.e. not by or on lawful behalf of the registered keeper.

What was sent on 9 April is beyond the 28-day period and may be disregarded, and probably has been.

Wait for others, but IMO this is a mess.

The letter of 31 March plainly invited a letter of authority to be supplied but it provided no timeframe for doing so, the Appellant responded within 8 working days. Personally I would have no hesitation in making a statutory declaration in this case, because the representations were made within the 28 day period and mairajbhaii had actual authority from the registered keeper. The fact that proof of authority was only supplied later on arguably does not alter the fact that he had actual authority.

@H C Andersen sometimes I feel you make things harder just for the sake of it. There are only two options here, submit a statutory declaration that arguably is properly made, and the worst-case outcome is a direction to pay £130 (best case scenario is an appeal allowed outcome), the alternative is to not submit an SD and just pay £195 now. If you were acting as mairajbhaii's legal advisor you could be guilty of professional negligence for effectively just telling him to go and pay £195.
« Last Edit: June 18, 2025, 01:09:50 am by cp8759 »
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

Personal comments should be left for PMs or preferably not at all.

The OP is not and never would be the liable party: 'Its not any lease its just a mutual family consent from both sides', so their actions bear consequences only for the registered keeper as regards enforcement.

My post tried to bring all relevant facts together.

Personal comments should be left for PMs or preferably not at all.
Your post appears to be in breach of House Rule 3, and advice given that if made by a lawyer would be negligent amounts to a prima-facie breach of house rule 3 and these will be called out. Further comments on this point will be removed as this aspect of the discussion is closed.
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

Unfortunately for now you'll just have to keep calling TEC once every couple of weeks.

Hi find attached reply received for SAR from council and the attachment document from them, which is not understandable by myself.

Further, I have been calling about alternate days and keepin tabs on TEC about debt registry, but so far no update.

Regards

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M3iJi

I don't think anyone working for the council has the faintest idea either, all you can do is keep checking with TEC.
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