3. North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #15 on: »
Thanks both. Ive read the linked info and from what I understand my next step is to wait for the CC, then make a witness statement as per the process detailed.

I do still have a couple of questions, if thats ok?

If the council have failed to respond to my reps by post, is there any guarantee that I'll receive a charge certificate, and what if I don't?

Can't I challenge on the grounds that no response has been received within the statutory 56 days? Why is it presumed that they issued an NOR, rather than there's a potential procedural impropriety.

Thanks again for your help with this 🙏🏼
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #16 on: »
Quote from: Handsomejohnny on July 02, 2025, 07:29:02 am
Thanks both. Ive read the linked info and from what I understand my next step is to wait for the CC, then make a witness statement as per the process detailed.

I do still have a couple of questions, if thats ok?

If the council have failed to respond to my reps by post, is there any guarantee that I'll receive a charge certificate, and what if I don't?

The procedure for checking that a CC has been issued is covered in
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/

Can't I challenge on the grounds that no response has been received within the statutory 56 days? Why is it presumed that they issued an NOR, rather than there's a potential procedural impropriety.

You cannot challenge anything until the process has been reset.

Thanks again for your help with this 🙏🏼
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #17 on: »
Quote from: John U.K. on July 02, 2025, 07:35:47 am
Quote from: Handsomejohnny on July 02, 2025, 07:29:02 am
Thanks both. Ive read the linked info and from what I understand my next step is to wait for the CC, then make a witness statement as per the process detailed.

I do still have a couple of questions, if thats ok?

If the council have failed to respond to my reps by post, is there any guarantee that I'll receive a charge certificate, and what if I don't?

The procedure for checking that a CC has been issued is covered in
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/


So should I be calling TEC daily to check whether a debt has been registered? Sorry if it seems like I'm asking obvious questions but this isnt a very user friendly process and I have no experience of it at all, so I'm really looking for a clear set of steps/actions to take 🙃
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #18 on: »
To be clear:
The council have issued a CC. In itself this is merely a process step and even if you received it would not require you to take action.

The next stage is when, in their desperation, they refer the matter to the 'court' - the Traffic Enforcement Centre- for authority to issue an Order for Recovery. This step costs the council £10 which would be added to the outstanding penalty. You would therefore know when an Order for Recovery has been issued because the amount outstanding increases to £85. An OfR would include a Witness Statement form which you would complete (tick one box and sign)and return to TEC within the period specified citing the grounds: 'made representations to the authority but did not receive a response'. TEC would then revoke the OfR and direct the council to cancel the CC.

The council's options would then be to refer the matter to the adjudicator for their directions or to cancel. In reality, only if they discovered that they had not actually issued a NOR would they cancel. You would be notified by the tribunal what action you should take.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #19 on: »
Quote
So should I be calling TEC daily to check whether a debt has been registered?

From
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/

Quote
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by £10.

For all other cases, we cannot yet say how reliable the council websites are at showing the £10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #20 on: »
Cheers both.

Do either of you think it's worth me ringing the council parking enforcement dept to ask when/whether they responded to my reps and when/where/how the charge certificate was issued?

Would doing that help me to establish timeliness and when I should be checking with TEC, or could it highlight a possible failure to issue an NOR and prompt them to rush one out? Or can they not retrospectively issue an NOR once a CC has been generated?

I feel like speaking to the council would be useful but I dont want to damage my position when it does come to appeal stage...
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #21 on: »
Would doing that help me to establish timeliness and when I should be checking with TEC, or could it highlight a possible failure to issue an NOR and prompt them to rush one out?[NO] Or can they not retrospectively issue an NOR once a CC has been generated?[NO]

With respect, you are overcomplicating matters. You could engage in all sorts of extra-procedural actions e.g. submit a Subject Access Request for copies of all correspondence to you in respect of this PCN etc. But as their website states 'We will aim to resolve your request within one month from the receipt of your request' the CC and OfR could arrive before you get a substantive response.

Bottom line:

likelihood that they've committed a procedural impropriety by not responding to valid formal reps within the 56 day period and therefore gifting you a procedural lifeline: IMO, mighty slim.

likelihood that they might have issued a CC prematurely: slim.

Why not just wait for events to unfold and follow advice regarding keeping your eye on their website for the added £10/phoning TEC? 

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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #22 on: »
Ok mate, sorry if I come across weird. I have autism and I like to try to make everything really clear so I dont misunderstand. Thanks for helping me out.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #23 on: »
Quote from: stamfordman on May 13, 2025, 04:09:31 pm
They can't reissue the PCN and will do one of three things:

Cancel
Reject reoffering the £25 discount
Reject not offering discount

Second is most likely but it's a petty PCN and if they don't want that used as a parking space they need to mark it out of bounds.


I must say that if I visited that car park I would assume that where the OP parked WAS out of bounds.  Isn't he parked on hatchings and not in a bay?

https://www.google.co.uk/maps/@55.0153139,-1.4175042,3a,60y,244.3h,84.36t/data=!3m7!1e1!3m5!1sjhDxdtQd2dKO3bp1qLNFNg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D5.64259806048041%26panoid%3DjhDxdtQd2dKO3bp1qLNFNg%26yaw%3D244.29765504406006!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDYyOS4wIKXMDSoASAFQAw%3D%3D
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #24 on: »
Quote from: ManxTom on July 02, 2025, 03:43:08 pm
Quote from: stamfordman on May 13, 2025, 04:09:31 pm
They can't reissue the PCN and will do one of three things:

Cancel
Reject reoffering the £25 discount
Reject not offering discount

Second is most likely but it's a petty PCN and if they don't want that used as a parking space they need to mark it out of bounds.


I must say that if I visited that car park I would assume that where the OP parked WAS out of bounds.  Isn't he parked on hatchings and not in a bay?

https://www.google.co.uk/maps/@55.0153139,-1.4175042,3a,60y,244.3h,84.36t/data=!3m7!1e1!3m5!1sjhDxdtQd2dKO3bp1qLNFNg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D5.64259806048041%26panoid%3DjhDxdtQd2dKO3bp1qLNFNg%26yaw%3D244.29765504406006!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDYyOS4wIKXMDSoASAFQAw%3D%3D

No, it's been hatched off in the past but now its an empty space which appears valid to park in
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #25 on: »
I was just about to say the same.

------

Looks like it's been repainted without the hatching.

Anyway the focus is on resolving process before going back to the alleged contravention, which we'd hope would end up as either £25 discount or nothing.

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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #26 on: »
Ok, so I've received the CC in the post this morning (strange how this and the NTO both arrived, but no NOR and no ref to an NOR online).

The CC is dated 30/06/2025. Theres no reference to my representations.

So, just to check I have this right, I now need to let the 14 days elapse, then another 7 before I start to check for the debt being registered, then complete and submit the form linked in the other thread, and there's nothing else I need to do until that point?
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #27 on: »
First check this morning and not registered with TEC yet. I found the easiest way to check was via webchat rather than sitting on the phone.

The link wasn't easy to find, so here it is, in case anyone wants to update the sticky threads or their advice templates etc.

https://www.moneyclaims.service.gov.uk/contact-cnbc
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #28 on: »
Debt is registered with TEC and ive submitted the completed forms by email, and have the autoresponse.

Does anyone know how long its likely to take for a response and should I be watching for an email or a letter?

Thanks again everyone 🙂
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #29 on: »
Hi all, I hope it's OK to revive this now it's moved on?

TEC cancelled the order for recovery and now my PCN status says "a representation has previously been made for this case" and the amount has reduced to £50.

It looks like the council are acknowledging their failure to consider my reps when first submitted, so I'd like to ask if it's legit for them to consider them after a procedural impropriety, or should the PCN be cancelled?

Ive had no contact from the council since the original order for payment.

Thanks in advance for any advice 😊
« Last Edit: August 28, 2025, 08:19:05 pm by Handsomejohnny »
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