Author Topic: Newham - Parked in restricted street - Charge Certificate - NtO not received  (Read 245 times)

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neverpaying

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Hello all, I've just received this charge certificate for a PCN from 28/08. I was allegedly sent a notice to owner on 30/09, but I did not receive this. I did get the PCN in the yellow packet under my windshield, but I was waiting to receive the NtO to make my representations, which I believe hold some strength.

I am now following the advice on this forum regarding charge certificates. Given the charge certificate was served on 05/11, it's my understanding that the 14 day period expires on 19/11 and I'll wait until 26/11 to check if the debt has been registered.

Regarding the alleged contravention, which I understand is a conversation for when the PCN resets back to appeal stage, the place where I was parked has no signs whatsoever defining the restricted period. In addition, the line is so faded to the point of being invisible.

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H C Andersen

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the place where I was parked has no signs whatsoever defining the restricted period. In addition, the line is so faded to the point of being invisible.

As regards the line, I don't think you'd convince an adjudicator on this one - the photos show a yellow line.

So the only remaining issue is whether it's within a CPZ or signed independently.

There isn't a stand-alone traffic sign to be seen, which probably indicates that it's within a CPZ.


neverpaying

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We've passed the 19th Nov date so I'm now waiting until 26th Nov to see if anything gets registered

neverpaying

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Fee is still £195, will wait another 7 days --> 03/12

neverpaying

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I've been sent a "gracious" letter from Newham council offering support to help me pay my outstanding £195.00 penalty charge. It says I have 14 days from the date of the letter (25/11) to pay. I would gladly let the council write off the charge but it sounds like their support is just free online advice. I assume this charitable offer from them resets the typical clock on charge certificates so I will likely tracking it from 09/12 when the 14 day period lapses.

John U.K.

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Please post the letter, redacting only yr name & adddress.

H C Andersen

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OP, sometimes time limits are floors, not ceilings and this is the case here.

A council may choose to accept the surcharged penalty after the 14-day period if it wishes. This only has the effect of prohibiting them from pursuing this as if it were a debt before it elapses.

neverpaying

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The debt has finally increased by £10 so I have just now completed the TE9 form, submitted it, and received the automatic acknowledgement email.

neverpaying

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I have a letter from the county court that orders for the "recovery of unpaid penalty charge be revoked".

What's the next step now? Do I wait for Newham to get back to me with a fresh NtO, or am I meant to make an appeal using the same link?

Enceladus

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Assuming you ticked the box for non-receipt of the Notice to Owner on the Witness Statement, then the next step is that Newham will serve a new Notice to Owner. You can challenge (submit formal representations) against it in the normal manner and appeal to the Adjudicator if rejected. The penalty would be £130 if you lose.

What date is on the court order issued by the TEC?

neverpaying

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The date on the court order is 20th December, which it says is the same day that I submitted the witness order.

Does the council re-offer the £65 discount should the appeal get rejected? Or is it a case of £65 to pay or £130 if I choose to appeal?

Enceladus

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The date on the court order is 20th December, which it says is the same day that I submitted the witness order.

Does the council re-offer the £65 discount should the appeal get rejected? Or is it a case of £65 to pay or £130 if I choose to appeal?
What date did you email your Witness Statement form to the TEC? The 18th Dec?

The recipient of the on-street PCN had 14 days beginning with the date of service (the date that the PCN was stuck onto the windscreen) to pay at the discount rate. That is now long since lapsed.

The NTO won't offer the discount, it will be for the full amount of £130. This is also true of the NTO that went missing. It's possible but unlikely that Newham will reoffer the discount if you submit formal representations against the NTO. So you might as well appeal to the Adjudicator as there is no financial incentive to do otherwise.

If this case gets to the Adjudicator then you would be liable for £130 if you lose the case, £0 payable if you win.

Newham need to get the new NTO served on you by the 16th Jan. So the latest day for them to issue and post it is Tuesday the 14th Jan. I wouldn't contact them in case they mess that up. And keep the envelope and make a note of when the NTO arrives in the post. Newham consider it acceptable to backdate documents and post them late.
« Last Edit: January 06, 2025, 03:53:16 am by Enceladus »

neverpaying

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Sorry, I forgot to update. I received the NTO on the 16th. The council sent it on the last day possible with 1st class next day delivery...

The album with the NTO is here: https://imgur.com/a/mFW7X5u

As the above user helpfully added, I don't lose anything by taking this all the way as the fine will remain the same.

In the representations, my point would be that:

1. The lines are completely faded. The start of the double yellow is completely gone. The part where I was parked was almost completely gone too. The CEO's camera's high contrast/saturation is hiding this fact.
2. There are no nearby signs (given that this is a controlled parking zone), and no way to see that there are restrictions given that the lines were faded.
3. I have a resident permit for the entire area where I was parked, which added to the confusion.

I would also add that this process of missing the first NTO, which should definitely be sent by recorded delivery if a missed delivery results in a debt being registered, plus not re-offering a discount through no fault of my own means I am unreasonably being punished here.

neverpaying

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I believe I have the 12th of this month to submit my representations. Are there any thoughts or suggestions on my previous post?