Free Traffic Legal Advice

Quote from: cp8759 on June 30, 2024, 10:48:37 pm

JK11077172, JK11097817, JK12943100, JK12954865: These are at the pre-debt registration stage. To get these reset you must follow the instructions here (this is not the same as the guide above): https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ (do not contact the council, ignore everything the council says and just follow the guide).

I will check with TEC to see if the debt has been registered. If yes, representations should be made using Form TE9 (parking PCN).

Quote from: cp8759 on June 30, 2024, 10:48:37 pm

JK10970350: This will require an out-of-time statutory declaration using forms TE9 and TE7, this will require careful drafting and may well necessitate a review before a county court judge. It would be helpful at this stage to know whether you qualify for remission of fees, see the guidance here on this: https://www.gov.uk/get-help-with-court-fees
There is no guide for OOT cases because they require detailed case-specific submissions, unlike the other PCNs above where you can make an in-time submissions, an OOT application is not a tick-box exercise.

TE9 and TE7 were submitted to TEC and an acknowledgement was received: https://drive.google.com/file/d/1rpOTbVpR5mBXg1vD9y2lY63NJ-Nc-VuU/view?usp=sharing

I have used the Ex106 form before and could be eligible for a fee waiver. This is only applicable if we need to seek a review of the TEC administrator's decision by a District Judge, am I right?

For now should I hang tight and wait for TEC outcome?

We notice that the seven PCNs below are in the Charge Certificate stage. Per paragraph 116 of London Councils' Code of Practice for Parking Enforcement, Southwark Parking is requested to cancel the Charge Certificate, re-check the address with DVLA, and serve another NtO.

If this request is denied kindly confirm the reasons for deviance from London Councils code of practice formally in writing.
Evidence of delays incurred by DVLA to change the address  on V5C, due to which the NtO was not received, is attached to this email.

Quoting the Code of Practice on Civil Enforcement from London Councils,
If an owner contacts an authority and says that the Charge Certificate is the first notice received, the authority should consider allowing the owner to make payment of the full PCN charge (without the Charge Certificate increase) or make a challenge. When this is received, the Charge Certificate and preceding NtO should be cancelled. If the challenge is not accepted, the owner’s address should be checked and another NtO served (if within the time allowed) in order to give the owner the opportunity to make representations. If the authority chooses not to allow either of these options, for example, where an owner frequently makes this claim, they should explain the procedure for making a Witness Statement at the next stage of the process.

Thank you for correspondence received in connection with the Penalty Charge Notice (PCN) JK12954865.
We have noted your comments. However, you did not provide us with an address to re-issue the notices and as a gesture of goodwill we reoffered you another opportunity to pay the discounted amount.
London Councils website states and as you have quoted ' the authority should consider' it does not state that we areobligated to do so.
The evidence you provided us had the necessary information redacted and therefore had no bearing on your case.
As it is the registered keepers responsibility to ensure that their details are correct and up to date with the DVLA, the legislation does not permit us to go back to the DVLA for an updated address.
We would like to inform you again that, the discount amount of £65.00 is still payable until 22/07/2024. Failure to make
payment will allow the case to revert back to its original charge of £195.00 and the PCN will continue on its path of
enforcement.