Author Topic: Received 2 PCN from Barking & Dagenham Borough within 30 minutes  (Read 4274 times)

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Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #30 on: »
When you say provide copy of your reps? What does that mean?

The Orders for Recovery will include a Witness Statement and Statutory Declaration respectively. You would complete these - tick a box and get this witnessed if required- and submit to the Traffic Enforcement Centre who gave the authority the right to issue the OfRs solely on their say-so that they had followed set procedure.

Your WS/SD are your way of stating to TEC that there has been a breakdown in communication because you did not receive either NoR(the statutory response from the council).

Given these conflicting views TEC would revoke the OfRs and direct the council to cancel their CCs following which the council must refer the matter to the adjudicator for their decision on the whole issue. But the adjudicator has the power to direct you to provide proof of your reps having been made in time..

hence ..you would provide the adjudicator with a copy of your reps and that these were submitted in time.

By the way, a CC does not state that you did not make reps in time does it. It gives several reasons why it might have been issued - but sadly the law does not require the council to state which applies, which is odd but there we are.

 
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Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #31 on: »
Thanks for your response again, a lot to digest.... :-\

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #32 on: »
Hello, an update: the council have sent two more letters, now stating due to be registered as a debt in the Northampton County Court and full payment is required to the council within 7 days from the date of the letters.










Still no response from the council in regards to my challenge letter either.

I'm assuming I still have to wait for the adjudicator process where I can show that I had responded in good time to the council with my confirmation emails and submission of screenshots and that they failed to respond right?


Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #34 on: »
Yes, except that one PCN is moving traffic, one is parking.

They have different but very similar procedures:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

Hopefully the council will move things forward as stated.


Come back here when you receive the first OfR or within 2 weeks whichever is the earlier.

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #35 on: »
Thanks H C Andersen, much appreciated.
 :)

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #36 on: »
Hello all,
Received the Order for Recovery for one of the PCNs only today.

Attached are the files:










Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #37 on: »
Ok is this how I should proceed?

1. Fill in the form TE9 Witness Statement - unpaid penalty charge using the information from the TE3 form.

2. Tick one box in this case the second tick box
'I made representations about the penalty charge to the enforcing authority concerned within 28 days of the service of the Notice to Owner, but did not receive a rejection notice'

3. Sign the 'Statement of Truth'
   Date it
   Print full name

   Send it via post or go online to TEC@justice.gov.uk ??

Thanks

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #38 on: »
 :)

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #39 on: »
This is not a guessing game. Hurdles are not put in the way to trap the unwary.

It is a standard procedure executed '00s or possibly more times a week.

Your cases are not unique.

Simply follow instructions as in:
Tick the box(made reps etc);
Sign;
Return to TEC as instructed, preferably online.

Simples!

The SD procedure is slightly different, but we'll guide when you're there.
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Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #40 on: »
Thanks You H C Andersen... Will do when back from work.

Much appreciated
Have a lovely rest of your day. :)

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #41 on: »
Hello, I've just received the other Order for Recovery for the other PCN. Todays date is 22/11/2024, it states 'YOU MUST WITHIN 21 Days (of the date shown on the postmark) EITHER Dates 11/12/2024.
This OfR has been delivered a bit late I believe but still have a window to can send form PE3.

Anybody could help with with this one?
It states I would need to be in the presence of a Commissioner of Oaths (eg Solicitor), a justice of the Peace (at any Magistrate Court) or an officer of your local County Court before sending a declaration to the Traffic Enforcement Centre at the above address.. also states you may have to pay a fee, however is there a free service at County Court as stated in the Declaration Notes section??

I have attached the files

https://ibb.co/DkdxMZx
https://ibb.co/TYKSnPV
https://ibb.co/5YW9y5r
https://ibb.co/mhXx40Q
https://ibb.co/RjgXCQ1
https://ibb.co/CH9GKDc




Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #43 on: »
Section 'My Reasons are (give full reasons)

I submitted representation to London Borough Barking & Dagenham on the 12 July 2024 in regards to this PCN Date of Contravention '23/06/2024' however did not receive a rejection notice. I have receipt of the email confirmation too stating that I will be informed of the outcome in writing. I believe there has been a break down in communication because I did not receive either NoR the statutory response from the council as they just failed to respond.

Anything else I could include??
« Last Edit: November 22, 2024, 06:07:16 pm by zigzag123 »

Re: Received 2 PCN from Barking & Dagenham Borough within 30 minutes
« Reply #44 on: »
AFAIK, you don't need to put anything in the 'Reasons' box if the declaration is In-Time. However what you've put looks OK to me
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