Author Topic: Newham, code 52m failing to comply with a prohibition on certain type of vehicles, Royal Albert Way E16 & Gallions Round  (Read 3584 times)

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correcthaunt

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@Incandescent, thanks for getting back to me. Only PN76007402 is at Royal Albert Way E16 & Gallions Round. The other 3 (i.e. PN62628875, PN62645400, PN62647643) refer to a different location also in Newham but I found out about it while dealing with PN76007402 hence in this thread.

correcthaunt

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@Enceladus, thanks for taking the time and looking into this.

You understanding and summary is correct.

There were 6 PCNs in total.
#1 PN75748188 – paid and case closed
#2 PN75748213 – paid and case closed
#3 PN76007402 – This is what the post is about re Albert Way
#4 PN62628875 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#5 PN62645400 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#6 PN62647643 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.

Council made a mistake with the first two so when writing to them I found out about the #4, #5 & #6 which are for the car being in the yellow box. I am going to sit tight and wait for them to register the debt with the Traffic Enforcement Centre.

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I note that the Ack receipt for your reps doesn't actually quote the PCN number, just an enquiry number. Is that true of the online Ack emails for the other PCNs?
Yes this is true for the other 2. I submitted my defence for PN75748188, PN75748213 & PN76007402. These were then posted to them too. I have 3 different references for that and none of them refers to the actual PCN.

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The V5c for your car was last updated 07/09/2021. So I would suggest that the Registered Keeper address was likely incorrect prior to Sept 2021 and this is why you did not receive any of the notices for these three PCNs.
I requested a copy of these PCNs as per advice from @cp8759 and the address they had on file was indeed incorrect. I am not sure how this happened as I have been there since 2012 and because everything else is correct (first line, city and postcode) except the house number. It should be 39 but it’s 33. So, they sent this to a wrong address.

Re PN76007402 I want to appeal to the Adjudicator and I am quite confident it can be won as I have seen quite a lot of people here win this. That said, not so confident regarding the other 3. Although I have no faith that this will get ever registered as it has been so long that they would have done by now. That said I would like to know 2 things regarding them:
1. What would be my line of defence here for PN62628875, PN62645400, PN62647643?
2. Is there statutory limitation period i.e. an expiration date for council to register this with TEC?

Statutory Declaration (form PE3)
I also would like to clarify the process surrounding the Statutory Declaration (form PE3) & debt registration with the Traffic Enforcement Centre (TEC). Can I sign and have witnesses sign the PE3 form before the debt is officially registered with the TEC? I.e. can the date on the PE3 form precede the date of registration with TEC ensuring it's ready to submit as soon as the debt is registered? I am aware that I cannot submit the PE3 to the court or TEC until after the debt has been registered as it will get rejected.
« Last Edit: January 11, 2025, 01:17:17 pm by correcthaunt »

cp8759

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So let me summarise where I think we are:

PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?

Also I note you made a Subject Access Request for this PCN, correct me if I'm wrong but this is still outstanding so for all we know, it might be that the council did receive your representation and it's the Notice of Rejection that got lost in the post?

PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)

That decision has stook the test of time and adjudicator who made that decision went on to become a High Court Judge, then a judge of the Court of Appeal, and is currently the President of Welsh Tribunals, so he knows a thing or two.

Normally a delay of over 3 / 4 months is a bar to enforcement, in this case the delay is several years so there's no real doubt about what the outcome would be.
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. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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

correcthaunt

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PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?

Yes I have submitted my defence and got evidence of posting it both via post office as well as online. In the original post of this thread we have a copy of my representation submitted to them, and picture/screenshot of acknowledgments. Proof of the online submission is W26800139 but it doesn’t state the actual PCN on it. That’s just Newham’s system though

Quote
Also I note you made a Subject Access Request for this PCN, correct me if I'm wrong but this is still outstanding so for all we know, it might be that the council did receive your representation and it's the Notice of Rejection that got lost in the post?
Correct as per your suggestion I have asked them for a copy of the rejection. They said they would get back to me by 30th of January but nothing since. Even though they have provided the copies of the other request already. They did send me a letter saying to get in touch if I am struggling financially to repay it as they could help. I have posted a copy of that letter too.

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PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)
Understood, so I should complain to the council to have this registered with TEC. Once this is done I can appeal. Only way to really get this closed off?
« Last Edit: January 11, 2025, 03:24:00 pm by correcthaunt »

cp8759

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PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?
They said they would get back to me by 30th of January but nothing since.
I think we can't really do anything until the 30 January deadline has expired.

Quote
PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)
Understood, so I should complain to the council to have this registered with TEC. Once this is done I can appeal. Only way to really get this closed?
Yes. It is possible that they might cancel it at the complaint stage if they realise their case is hopeless, but if they want to carry on then they will have to issue new PCNs to you once the previous ones are cancelled by TEC, if that happens you will have to make a representation based on the delay and then if the council rejects, you'll have to appeal to the tribunal.
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. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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

correcthaunt

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Hi @cp8759,

I hope all is well.

Quote
I think we can't really do anything until the 30 January deadline has expired.

Unsurprisingly the council has never responded to my request for information.

They have never registered this debt either. All 4 of the below PCNs are still showing as £195.

#1 PN75748188 – paid and case closed
#2 PN75748213 – paid and case closed
#3 PN76007402 – This is what the post is about re Albert Way
#4 PN62628875 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#5 PN62645400 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#6 PN62647643 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.

I am honestly not sure how to handle this now. I am worried that leaving this will come back and bite me in the future but also don’t want to necessary force them to handle this and just wait the 6 years until the statutory limitation is up.

cp8759

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@correcthaunt in practice if the council tried to register the debt after the six years have expired, the debt would still get registered as TEC just follows a tick-box exercise and nothing in their process tells them to check if the debt is over six years old. So unless you get Newham to cancel the PCN, this could be hanging over you for the rest of time.

I suggest you make a complaint asking them to issue an Order for Recovery for each of the outstanding PCNs, otherwise this matter could stay open for years.

https://www.newham.gov.uk/contact-information/make-complaint/2

You must make it clear that you are not complaining about the PCNs as such, just about the fact that there's been such a huge delay in the council taking the next step in the statutory process. The complaint outcome you should ask for is for the Order for Recovery to be issued for each PCN.
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. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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

correcthaunt

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Hi @cp8759,

Thank you for your prompt response and understood.

Before making the formal complaint, should I follow up with them regarding the information request they simply ignored?

As you may recall, I have reached out to them to get a copy of their response for my appeal but they never sent one nor sent me the copy (even though they provided copies for the other 3).

cp8759

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@correcthaunt as far as I can see from the thread above, they never issued a rejection to your representations because for whatever reason they never receive the representations. They obviously can't provide a copy of a document that doesn't exist and there's no point in recriminating with them about whether they did or didn't receive the representations and whether a notice of rejection should or shouldn't exist. At this point you just want things to move along.
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. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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

correcthaunt

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Hi @cp8759,

I hope you are well.

You are correct in saying that there is no point in going back and forwards with the council. That said I do have proof of sending both the physical and electric copies, which I kept just in case I do need to use is/show it in court. Everything is in this thread as a backup too.

Quick update on the 3 from 2021 - Barking Rd/ Opp Oak Crescent :
#4 PN62628875
#5 PN62645400
#6 PN62647643

Nothing has changed here, these are still showing as £195 GBP and after 4 years it was still not registered. I might make that complaint to move this along.
Now, the Royal Albert Way E16 & Gallions Rd i.e. the main one.

On the 6th of January I have received the below letter from the council suggesting to reach out if I am struggling financially to pay the £195 GBP. This is fully documented in my Reply #6 on from January 08, 2025, 05:48:16 pm.

Fast forward to now and I just got the letter (issued 22nd of April 2025) from the court saying that the debt has been registered.

Here is the Letter:


Here is the updated price to £205.


I read through the options and it looks like the “2. You made representations about the penalty charge to the local authority concerned within 28 days of service of notice to owner / Enforcement Notice / Penalty Charge Notice and you did not receive a rejection notice.” option is the one applicable here. Thus my questions:
1.   Which process do I need to follow now?
2.   And if I need to go to court to get this witnessed signed which court London court can I go to?
a.   Commissioner for Oaths/Officer Of the Court appointed by the Judge to take affidavits/Justice of the Peace – do I just ask for one in any court?
3.   What else do I need to do?

As always, your help is greatly appreciated.

cp8759

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Please read the guide here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/

It hopefully tells you everything you need to know. The key issues are: don't miss the deadlines, and send all the documents to TEC by email rather than by post.

Once you've read the guide please let me know if you have any questions.
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. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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

correcthaunt

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Thank you for your prompt response @cp8759.

I have 1 quick question on the following "If you get an Order for Recovery and a printed PE3 form before you have emailed the sworn PE3 form to TEC, you should fill it in, get it sworn and email it to the tec mailbox as soon as possible."

I do not physically have the copy as this was posted to Bristol and I am in London today.

My 2 questions:
1. Can't I just print one from the internet and have this witness and then submitted? Or does it have to be the one the issued?
2. Do I need to get the justice of the peace to witness the Order for Recovery too?

As soon as I have your confirmation, I will go to the Stratford Magistrates' Court and Family Court and ask for a justice of the peace appointment.
« Last Edit: April 28, 2025, 02:38:51 pm by correcthaunt »

cp8759

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You can print form PE3 yourself, there's no need to use the one they posted, you just need to make sure you fill it in correctly.

Only form PE3 needs to be witnessed as this is the form you're going to email back to the tec mailbox, the Order for Recovery isn't something that needs to be witnessed or sent anywhere. A county court officer can witness the form and it'll be easier to get an appointment for that, as justices of the peace can witness form PE3 but odds are they never have and they would not be familiar with the process.
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. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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

Incandescent

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For Form PE3, do remember when filling it in, that the "Applicant", (see top right of form) is the council. You are the "Respondent"

correcthaunt

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Hi @cp8759 & @Incandescent,

Thanks for getting back to me and I will get the PE3 witnessed by someone at the court. I will ask around at the Stratford Magistrates' Court and Family Court as I am sure they do these a lot there given how awful Newham council is. If not then I will go to the Royal Courts of Justice and ask around there.

With regards to the form itself, I had printed a blank one months ago in anticipation of needing to do this, so now I will fill it in identically to how they’ve posted it. Once I have it all signed I will post a quick picture to confirm all good before sending over to tec@justice.gov.uk.