Dear xxxxx xxxxxx xxxxxx
Response to your complaint 37732816
Thank you for your complaint received on 11 February 2025.
I am xxxxx xxxxxx, Debt Recovery Team Leader for Parking Services and I have been assigned this complaint.
This relates to PCN number PN74869085 and the handling of the PCN since the Traffic Enforcement Centre (TEC) issued a Revoking Order.
I can see that the TEC issued a Revoking Order on 24 June 2024 after you filed a Statutory Declaration under Grounds 1 "I did not receive the PCN".
The Revoking Order states that the Charge Certificate and Order for Recovery be cancelled, however this does not cancel the PCN and that the Enforcement Authority may well take further action on it. The Enforcement Authority should contact you as soon as possible if it intends to do so.
At this point I must make you aware that Newham Council did not receive the Court papers from the TEC until 19 August 2024, almost 2 months after the date of the order. For this reason Newham Council can not be responsible for any delay in processing this order.
Newham Council re-served the PCN to you on 21 August 2024, 2 days after becoming aware of it.
The PCN was served to the same address we had served all previous notices to, and the same address you supplied tot he TEC as your place of residence.
We then received a formal representation from you on 05 September 2024 via the online service. the reason for disputing the PCN is not something we cover in under the complaints procedure as there is a Statutory Appeals Procedure set under Government Legislation for this. However, I have seen that you did make it clear that you had moved address.
Unfortunately the responding officer failed to acknowledge this and then served their response, the Rejection Notice on 20 September 2024 to your old address. All other notices were also sent to the old address.
This was an error on the part of the responding officer. They should have wrote back to you explaining that due to the change of address we would be re-serving the PCN to your new address this allowing you 28 days to make a new representation.
In light of this error only i uphold this complaint. I have liaised with OneSource and requested that the warrant be returned. OneSource should not contact you again in respect of this PCN.
Once returned the PCN will be cancelled due to an internal processing error.
Lastly, I am aware that you have made an Access request (ref. 37655721) for information about this PCN. You will receive a separate response from the Councils Freedom of Information team in respect of this.
If you are not happy with the outcome
If you feel the issue still remains unresolved you may ask for the Corporate Complaints Team to review the situation.
Please email corporate.complaints@newham.gov.uk to explain what you are not happy about. Please specify which aspects of your complaint have not been addressed. Another Officer in the Corporate Complaints Team will then independently Review your complaint and consider solutions.
