Author Topic: No rejection letter but received charge of notice  (Read 52 times)

0 Members and 0 Guests are viewing this topic.

Dee

  • Newbie
  • *
  • Posts: 3
  • Karma: +0/-0
    • View Profile
No rejection letter but received charge of notice
« on: May 01, 2024, 06:22:44 am »
Please can you help me.
I received a pcn from Haringey council stating that I was in a box, I sent an appeal through their portal and heard nothing until today a charge certificate was sent doubling the amount.I now have 14 days to pay. I am worried that i will be unable to prove my case. Can you advise on the next steps. I have looked for other threads about this but unable to find any. Thank you

Share on Facebook Share on Twitter


John U.K.

  • Hero Member
  • *****
  • Posts: 630
  • Karma: +10/-0
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #1 on: May 01, 2024, 07:30:33 am »
Please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here all sides of all paperwork from the Council, redacting only your name and address.

Also a copy of your challenge.

Are your name and address on your V5C correct in every particular, or is the car leased?

Incandescent

  • Hero Member
  • *****
  • Posts: 1751
  • Karma: +49/-0
  • Gender: Male
  • Location: Crewe
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #2 on: May 01, 2024, 09:17:35 am »
As you received the Charge Certificate, this implies the address on your V5 is correct, but sometimes there can be an error and the "regular" postman knows who it's for, but a "relief" postman may not, so post can go astray.
So check your V5 very carefully.

H C Andersen

  • Hero Member
  • *****
  • Posts: 891
  • Karma: +19/-0
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #3 on: May 01, 2024, 09:59:04 am »
OP, this is the enforcement process:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process

You're* at Charge Certificate.

You cannot challenge this or the PCN directly with the authority, instead they must issue an Order for Recovery which you action as set out. The Traffic Enforcement Centre would then cancel the OfR and the council's only recourse if they want to pursue you for the penalty would be to refer the matter to the adjudicator who, before registering the matter as an appeal would probably direct you to prove you submitted reps**

*- when you say 'you' received a PCN from Haringey, was this (and is the CC) actually addressed to you by name?

**- so please post a copy of what you sent and tell us how and, if online or by email, whether you received an acknowledgement.

NB. to pick up on one of Incandescent's point the issue of addresses can be more complex than imagined. I am currently looking into a breakdown in document communication for my son - a friend of his - and what's on the V5C has become a practical issue because my investigations have shown that the authority's docs and processes are flawed because there is insufficient space for the address in their NTOs, CCs and OfR which miss off the last and crucial line i.e. the post code! But in letter correspondence it appears in full. 

Dee

  • Newbie
  • *
  • Posts: 3
  • Karma: +0/-0
    • View Profile

Dee

  • Newbie
  • *
  • Posts: 3
  • Karma: +0/-0
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #5 on: May 01, 2024, 09:14:08 pm »
The pcn waste same as logbook. I did respond to pcn with this:  Your Notes: I was travelling to work, when I drove into the box the lights were green the driver in front stopped abruptly just as the light turned amber I beeped my horn for them to continue they wouldn't move. I had nowhere else to goI couldn't reverse because the truck was behind me.
It is a genuine explanation.
I have no idea how I didn't receive the rejection letter but this money , I am very anxious about the amount of money they are requesting and I believe Haringey are scammers and never sent one out!
It is clear that I was unable to avoid  being in the box, the person in front of me stopped as soon as the light turned orange !!

Incandescent

  • Hero Member
  • *****
  • Posts: 1751
  • Karma: +49/-0
  • Gender: Male
  • Location: Crewe
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #6 on: May 01, 2024, 10:59:08 pm »
For now, you have to put the details of the alleged contravention to one side and follow the process to get the matter reverted to the PCN stage. As explained by H C Anderson, you cannot submit representations against a Notice to Owner, but now have to now wait for the Order for Recovery stage so that you can submit a Statutory Declaration to the Traffic Enforcement Centre stating that you submitted representations, but did not receive a Letter of Rejection of those reps. This is a routine matter, nothing to be nervous of at all. After the period to pay the CC expires, the council will register the debt at the Traffic Enforcement Centre and send you an Order for Recovery, which also contains the SD form.  You don't need to get the OfR in order to submit your SD.  When the amount on the Haringey web page for your PCN goes up by 9, then Haringey have registered the debt.  You can download the form from the TEC website

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


cp8759

  • Administrator
  • *****
  • Posts: 4599
  • Karma: +107/-4
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #7 on: May 02, 2024, 11:59:05 pm »
@Dee I've put together a more detailed guide of the steps you need to take, you will find it here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/

Let us know when you've got the revoking order and we'll explain the next steps.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Incandescent

  • Hero Member
  • *****
  • Posts: 1751
  • Karma: +49/-0
  • Gender: Male
  • Location: Crewe
    • View Profile
Re: No rejection letter but received charge of notice
« Reply #8 on: May 03, 2024, 12:54:08 am »
Just realised my last post was wrong, so here is an update: -

For now, you have to put the details of the alleged contravention to one side and follow the process to get the matter reverted to the PCN stage. As explained by H C Anderson, you cannot submit representations against a Notice to Owner, Charge Certificate but now have to now wait for the Order for Recovery stage so that you can submit a Statutory Declaration to the Traffic Enforcement Centre stating that you submitted representations, but did not receive a Letter of Rejection of those reps. This is a routine matter, nothing to be nervous of at all. After the period to pay the CC expires, the council will register the debt at the Traffic Enforcement Centre and send you an Order for Recovery, which also contains the SD form.  You don't need to get the OfR in order to submit your SD.  When the amount on the Haringey web page for your PCN goes up by 9, then Haringey have registered the debt.  You can download the form from the TEC website