Hello
I'm hoping someone can assist me with my issue. I've received two PCNs for the same contravention and at the same location, one of which has been successfully appealed at London Tribunals but the other is dragging out and I'm now worried about it.
The PCN dated 10/10/24 was received and after making representations to the council a Notice of further evidence was sent to me dated 05/11/24. The council requested that my evidence be sent to them within 7 days and this was done on 11/11/24.
The next letter received was a Charge certificate dated 23/12/24 which was ignored because the next step was then to make a Statutory declaration at the appropriate time. To my surprise another letter was received dated 10/01/2025 and this was the start of my problems.
The letter offered support to help me pay the PCN if experiencing financial difficulties and a link was provided where an enquiry could be made. Unfortunately for me after following the link to see what this was all about there were other options that were relevant to me.
So an enquiry was made and on the dropdown menu provided the first option was selected which was
"I have submitted a PCN challenge or appeal, but have not received a response". The response from the "Debt recovery team" was that a response to my representations was sent on 15/11/2024 and they attached a copy of the letter. Also the payment was reduced to £65 "as a gesture of goodwill".
After reviewing the copy of the letter to my surprise the council stated that there was a failure to provide the evidence requested in the Notice of further evidence letter. So another enquiry was made to highlight that the evidence was provided and on time but they said it was too late to make representations.
So yet another enquiry was made stating that the council were in breach of the law by not considering my evidence and asked whether or not they would comply with the law. This time the response was that I've been advised previously that it is too late to consider my representations.
So the situation as of right now is that the payment has reverted back to £195 and I'm waiting for the TEC fee to be added onto this. Once this happens I'm intending on submitting my Statutory declaration but I've never done this before and I'm worried that I'll eventually be liable for the PCN.
So my first question is given the back and forth with the council post the Charge certificate does the reasons box on the Statutory declaration need to be completed now?
And my second question is if I'm liable for the PCN and a payment is made can legal action be taken against the council to recover my payment for being in breach of the law?