3. Order for Recovery of unpaid penalty charge But never received PCN
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Order for Recovery of unpaid penalty charge But never received PCN
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Hi
I received an Order for Recovery of unpaid penalty charge yet never received a PCN- I’ve called a solicitor as it says to contacted it- you need to sign the second form in the presence of a ‘commissioner for oaths’ and awaiting a call back Monday.
Just came across your site.
Any advice welcome rather than needing to fork out for anything!!

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« Last Edit: February 15, 2025, 09:02:40 am by Mickray »
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Re: Order for Recovery of unpaid penalty charge But never received PCN
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Not only have you not received the PCN, but also the Charge Certificate that increases the penalty by 50%. Have you had any mail problems at all ? Is the address on your V5C for your car correct in all detail, up-to-date, and the same as on the contravention date ?

As you are still well in-time to submit a Statutory Declaration, (Form PE3), you should use the form included with their OfR, and submit it to TEC. It is best to send it via email. I'm not sure of the detail, but somebody will on here will tell you the process. Once your SD is accepted, the matter reverts back to the original PCN, at which point you can submit representations against it, or pay it.

When filling in the form, the "applicant" (see top right of form), is the council, not you. You are the "respondent"
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Re: Order for Recovery of unpaid penalty charge But never received PCN
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Re: Order for Recovery of unpaid penalty charge But never received PCN
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Thank you for your reply @Incandescent. To answer your first point about an up to date V5C, that maybe an issue- I moved house in March and don’t think I updated the V5C; I sent off my driving licence to be updated but not the form-I can’t double check the address on it as I had to have the car in question written off in November and I think I had to send the V5C to ensure the write off or something of that sort.
I take it they don’t coordinate with the DVLA without both documents being up to date then. That might explain why they’ve only got round to send it to my correct and current address. So maybe I am liable?
At least for the initial fine perhaps.?
Also, You mention PE3… for that form it says I need to sign in the presence of a solicitor (or commissioner of oaths), is that not so?
Many thanks again.
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Re: Order for Recovery of unpaid penalty charge But never received PCN
« Reply #4 on: »
The correct form, probably partially completed, should be included with the Order for Recovery. Yours should be a Statutory Declaration for contravening a No Left Turn. You can get the SD witnessed free of charge at any convenient County Court. Phone and check opening hours and make an appointment if required. Else a solicitor can witness but will charge around £8-£10.

Tick the box for non receipt of the PCN and don't sign and date until you're in the presence of the witness.

Scan the witnessed form to a PDF file or take some pictures. Attach the PDF or photos to an email to the Traffic Enforcement Centre of Northampton County Court. The email address is on the form. Expect an email acknowledgement within a few minutes. Make sure you get one.

I would have expected the OfR to have been posted to the same name & address as on the V5c registration document on the 19th May 2024. That being the address held by the DVLA. Since you admit that the address was wrong that accounts for the PCN and the Charge Certificate issued on the 8th July going missing. Might the OfR have been forwarded on or redirected from your original address?
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Re: Order for Recovery of unpaid penalty charge But never received PCN
« Reply #5 on: »
Thanks Enceladus for you reply. I’ll try and find a county court locally that does that or look at the law society website to try and find a solicitor that might be able to do that.
In terms of the address, I haven’t received any mail redirected which might explain this issue.
I think I’m probably in the wrong but not liable for the whole fine due to the moving. I’ll try and send off that form.
Thanks for your help!
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Re: Order for Recovery of unpaid penalty charge But never received PCN
« Reply #6 on: »
Get the PE3 Statutory Declaration submitted as soon as you can. The Traffic Enforcement Centre will automatically accept the SD so long as it's submitted within the time limit, 21 days from Feb 12th.

The TEC will order the OfR revoked and the Charge Cert (which didn't arrive) cancelled. The Council will have to serve a new PCN which should include the option to pay at the discount.

It might turn out to be irrelevant but if the RK address was out of date at the time of contravention, for some reason they must have rechecked the RK details before the OfR was served.
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Re: Order for Recovery of unpaid penalty charge But never received PCN
« Reply #7 on: »
OP, there are linked but separate issues in play here.

It's not your task to wonder about, let alone resolve, why you did not receive the PCN, this is not germane to the OfR.

As said, get your signature witnessed and then send the SD by email to TEC.

You do NOT know why you didn't receive the PCN neither IMO should you be concerning yourself about it.

Out of interest, is the address on the OfR your current address?
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