3. Order for recovery of unpaid penalty charge
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Order for recovery of unpaid penalty charge
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Hi,

I would be grateful if someone could advise me. I have received an order for recovery of unpaid penalty charge. I have received it in the post just a couple of days ago and the charge is for a ticket from 2020! It is from Ealing Council. I found out that local authorities can enforce these for six years and I am just so frustrated. Is there any way around this? The charge is £90  with an additional court registration fee of £10. Also, I don't have that car any more.

Thanks for reading

Max
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Re: Order for recovery of unpaid penalty charge
« Reply #1 on: »
For meaningful advice please to 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 the order (only redact name & address - leave all else in)
.
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Re: Order for recovery of unpaid penalty charge
« Reply #2 on: »
Please a look at the instructions in the sticky post at the top of the forum READ THIS FIRST - **BEFORE POSTING YOUR CASE!**.
Please post up the Order for Recovery that you have received. Redact your name & address and leave everything else visible.

Is your name and address on the document 100% correct?

Is this the first you've heard of the matter or did you receive a PCN at the time?
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Re: Order for recovery of unpaid penalty charge
« Reply #3 on: »
Just remember that the council have a duty of acting fairly. On the face of it, chasing a PCN 5 years after it was served seems to me to be failing in that duty. 
However, as you've just received this OfR, you need to immediatly submit either a Witness Statement, or a Statutory Declaration, to TEC. Which one depends on what the original PCN was served for.

So please tell us more, (a lot more !!).
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Re: Order for recovery of unpaid penalty charge
« Reply #4 on: »
Hi everyone,

Thank you all for replying to my post, I appreciate your time!

- The name and address are 100% correct.

- Here is the link for photos (sorry for the multiple links -  as I write this post the links are not active, perhaps they will become live when i post this):

https://imgur.com/a/kLwaLPL

https://imgur.com/a/kLwaLPL

- Offence code:

19s Offence Parked in a residents' or shared use parking place or zone with an invalid virtual permit or displaying an invalid physical permit or voucher or pay and display ticket, or after the expiry of paid for time

- The issue that frustrates me is that I have no recollection of receiving this PCN because it is from such a long time ago. Even if I had received it - its extremely unlikely that I would ignore a Council PCN because I know that it can very quickly turn into hundreds of pounds and beyond, if neglected. So, how is it that the charge is £90 ...  so over five years it has not escalated and remained at £90? And why is it £90 I was under the impression the charges are originally £65 or £80 and then doubled if you have not paid within the two weeks.

Thank you for your time and effort everyone.

Max
« Last Edit: May 11, 2025, 04:53:39 pm by Max1111 »
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Re: Order for recovery of unpaid penalty charge
« Reply #5 on: »
This is a lower level PCN in what was a band B London area so was the lowest possible London PCN penalty of £60 or £30 at discount. A charge certificate added £30 to £60 = £90 and £10 is the debt registration fee.
Ealing rebanded to band A since your PCN and recently (7 April last month) penalties increased by £30.

So you are missing a notice to owner (NTO) and a charge certificate and you can make a witness statement that you didn't get the PCN (NTO) if that is indeed the case, which automatically gets you back to NTO stage. 

Ealing has form in late processing of PCNs and you should be able to get this cancelled.
« Last Edit: May 11, 2025, 05:18:16 pm by stamfordman »
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Re: Order for recovery of unpaid penalty charge
« Reply #6 on: »
Hello Stamfordman,

Thank you for your prompt reply and for explaining the charge breakdown.
I have not received those other documents you have mentioned. Of course, I will now fill out and submit Form TE9 stating I have not received the PCN. Are you saying that I can probably get the added charges withdrawn and will have to pay the original PCN, or that, there is a possibility of having the PCN cancelled altogether? If, I can have it cancelled altogether, what should I do? Will submitting the Form TE9 be enough?

Many thanks
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Re: Order for recovery of unpaid penalty charge
« Reply #7 on: »
What happens is that it all gets cancelled but Ealing can serve you with a new NTO for £60.

Then you can make reps saying this way too late. They may accept, reject offering the £30 discount, or reject with no discount; in either rejection case you can register a tribunal case to point out the tardiness. 


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Re: Order for recovery of unpaid penalty charge
« Reply #8 on: »
OP, as stamfordman has set out you MUST submit your witness statement to the Traffic Enforcement Centre.

This has nothing to do with the contravention, it is purely a matter of procedure. You do NOT have the opportunity to embellish your WS, you simply tick a box and sign.

So, would the council issue a fresh NTO? If so, how would you compile your reps?

You need facts in the form of copies of the notices issued to you.

So, at the same time as you submit your WS submit a Subject Access Request to the council for copies of the notices and correspondence which underpin their claim. https://www.ealing.gov.uk/downloads/download/2364/subject_access_requests

 
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Re: Order for recovery of unpaid penalty charge
« Reply #9 on: »
Thank you very much Stamfordman and H C Andersen.
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Re: Order for recovery of unpaid penalty charge
« Reply #10 on: »
This is small PCN financially and I wouldn't bother with a SAR and just wait to see what happens after you file the witness statement, which I think is best emailed to TEC.
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Re: Order for recovery of unpaid penalty charge
« Reply #11 on: »
Hello Stamfordman,

OK. Well, let’s see what happens with the witness statement then. I’ll update appropriately. Thanks again.
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Re: Order for recovery of unpaid penalty charge
« Reply #12 on: »
TEC could take a couple of weeks to respond..

..why waste this time?

If the council issue a fresh NTO then you have 28 days in which to make reps..but you'll know b****r all, so what could you say?

You want to try and get this stopped at the formal reps stage and not drift into an appeal to the adjudicator where you would see these notices..but possibly no more than a week before your appeal is to be heard!

IMO, there is nothing to be gained by remaining in ignorance AKA not submitting a SAR.
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Re: Order for recovery of unpaid penalty charge
« Reply #13 on: »
Quote from: H C Andersen on May 12, 2025, 06:08:18 pm
so what could you say?

Well there's the little matter of a 5 year delay... Mr Mustard @mrmustard would have a field day with this - he's audited Ealing's many failures to act fairly within reasonable time. Sending an OfR to an address that a keeper may have long vacated is not going to work for Ealing I'd wager.

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Re: Order for recovery of unpaid penalty charge
« Reply #14 on: »
Then why not catalogue this failure with simple, objective facts and a timeline?

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