Author Topic: Received Charge Certificate but not PCN  (Read 324 times)

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Andy6527

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Re: Received Charge Certificate but not PCN
« Reply #30 on: February 12, 2024, 12:02:40 pm »
Is it too late for me now, I have settled the debt now, not sure what the compliance stage fee is.

If my OOT submission is denied, what happens next, and is this capped at £75 per PCN?

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Re: Received Charge Certificate but not PCN
« Reply #31 on: February 12, 2024, 01:09:34 pm »
The OP did contact me for assistance. Not receiving either the PCN or the Order for Recovery is most unusual and it is now for the council to consider his Out of Time Application.

The OOT forms were submitted to TEC by email on 1st February and the 'cut of' date for making payment was 9th February. Even allowing for delays at TEC, it should be expected that enforcement would be have been placed 'on hold' by the 9th Feb. Unfortunately, that did not happen and a visit was made today (12th February).

The OP called TEC. They confirmed that they had received the completed forms on 1st February but that they are currently facing a 10 day delay in actually processing applications.

As TEC is part of the Northampton Court system, this is frankly a shocking situation and will cause a significant injustice to any motorist receiving a Notice of Enforcement (or visit etc). 

Just to confirm, if a motorist is forced to make payment, he will receive a full refund if a Out of Time Application is accepted. The local authority would re-issue  the PCN allowing for payment to be made at the earlier discounted rate.

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H C Andersen

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Re: Received Charge Certificate but not PCN
« Reply #32 on: February 12, 2024, 02:35:16 pm »

https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014

In simple terms:
Warrant issued; passed by council to bailiff for enforcement. Enforcement occurs in two main stages:
1. They write to the debtor and give them 7 clear days to pay: £75 (Compliance Stage Fee) is added to the debt for this service;
2. If payment is not made then an enforcement officer may visit the premises with a view to taking control of goods and add a further £235 Enforcement Fee for their time and trouble.

So, a likely council penalty of circa £200 pre-bailiffs is then dwarfed by £310 of fees.

There is no purpose served by not paying a Notice of Enforcement, one just increases the downside risk without changing the likelihood of paying.

Andy6527

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Re: Received Charge Certificate but not PCN
« Reply #33 on: February 12, 2024, 02:48:37 pm »
Ok, thank you, I understand.

I was hoping, and had been told somewhere that there was a four day working time for TEC to review the SD and contact the council to put hold to the enforcement order. This was however incorrect, the processing time by the TEC is 10 days, so would not happen in time to stop the bailiff.

The total of the cost being recovered pre-baliff was £1,100 so not a small amount, thankfully, they only charged one off £235 for the "visit" rather than £235 per PCN.

H C Andersen

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Re: Received Charge Certificate but not PCN
« Reply #34 on: February 12, 2024, 02:54:06 pm »

thankfully, they only charged one off £235 for the "visit" rather than £235 per PCN.

I think that when enforcing several warrants simultaneously they're only allowed to levy one enforcement fee.

..It is important to note that if the enforcement agent is enforcing more than one debt, he should only charge one ‘enforcement stage’ fee. He should’t apply ‘multiple’ charges.


Andy6527

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Re: Received Charge Certificate but not PCN
« Reply #35 on: February 14, 2024, 09:26:27 am »
I contacted Enfield Council by email setting out the details of the case so far, explaining that I had made a Statutory Declaration via the TEC.

I received an automated message from the Council saying that the relevant notice would be put on hold at is current amount until they respond, however, they go on to say that if payment is received before we respond to your correspondence the Council will consider the matter closed.

Does that mean, because I have paid the baliff already, the council will not take this any further and close the case?

I had to pay the bailiff under duress, on the understanding that if I win my case, any money paid would be refunded.

H C Andersen

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Re: Received Charge Certificate but not PCN
« Reply #36 on: February 14, 2024, 04:04:56 pm »
We've no idea what transpired during this exchange.

Does that mean, because I have paid the baliff already, the council will not take this any further and close the case?

No, as already explained. If your application to TEC is accepted then TEC would cancel the OfR(the warrant therefore falls away) and direct the council to cancel the Charge Certificate and PCN.


See paragraph 7 here: https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted

 The council could serve a new PCN.  I think they're only obliged to refund all monies paid in excess of the initial penalties but if you made successful reps even these would be refunded.

Andy6527

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Re: Received Charge Certificate but not PCN
« Reply #37 on: February 14, 2024, 04:43:37 pm »
Nothing really transpired during the exchange, I just emailed the parking team at Enfield Council the facts of the case as per what has been discussed here in the way of additional background information for when they recieve anything from the TEC.

The response claims be be an automated response, rather than any dialogue with an actual person at the council. Basically standard working saying that the information would be added to the case notes, and in the meantime the notices will be frozen at the current ammount. It said that this could take up to 56 days.

I was just concerned about the wording around if payment had already been made, as is the case, as I was pressured by the bailiff to make payment on the spot, and the council would close the case.

Would the council not then see this as a final payment of all outstanding money and therefore close the case as completed?

I can log onto the parking website, and the PCN is still active, the option to make a payment has disappeared, and it does say the the council have received additional information in relation to the PCN, so looks like it has not been closed yet.

cp8759

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Re: Received Charge Certificate but not PCN
« Reply #38 on: February 26, 2024, 09:54:25 pm »
Basically standard working saying that the information would be added to the case notes, and in the meantime the notices will be frozen at the current ammount. It said that this could take up to 56 days.
That's just standard wording that applies to in-time representations, it does not have any application for a PCN that's progressed to OfR and beyond.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order