Free Traffic Legal Advice

Hi All,

Looking for some advice please with a PCN I received in April for my company car.

I received the original PCN on 3rd April, it was dated as issued on 27th March. It was sent to me from the company solicitors as all vehicles are registered to the registered business address so therefore any correspondence goes to a PO box at the solicitors. The PCN is for the entering and stopping in a box junction when prohibited.

I made an appeal on the 9th April based on the fact a vehicle changed lane and blocked the exit after I had already entered the box junction. I didn't receive any email or reference when I submitted the appeal via the website. I called the London borough of Barking and Dagenham PCN department on the 25th April and was told that the appeal had been received but was advised that the appeal could take up to 3 months to be processed. I was also advised that if my appeal failed I'd have 14 days to pay the reduced amount of £65. I followed this up with an email which I also received a reply to confirming my appeal had been received.

I heard nothing back until 17th June where I received another letter forwarded by our company solicitor. This was a charge certificate and states that I did not pay the fine after my appeal was rejected and that the penalty charge is now increased to £195. I called LBBD back and was told that a appeal rejection letter was sent on the 27th April (conveniently the day after I called them) and that because I hadn't paid I now have to pay the full amount.

I checked with our solicitors and no rejection notice letter was received. I asked LBBD to send me a copy of the letter and they said I had to make a FOI request to them for a copy of it. I was told my only option now is to file a statutory declaration saying that I did not receive a rejection notice.

I have downloaded and started to fill out for statutory declaration form but the form has to be sworn before a commissioner. Is this something I could get our company solicitor to do and can it be signed electronically?

Am I wasting my time as they are unwilling to send me the supposed appeal rejection notice and if I make a FOI request for it it could take up to 3 months.

Any help or advice would be very much appreciated.

Joe

There's probably a few bits missing.

It is likely the vehicle is registered to a leasing company. (It never used to be possible to register a vehicle to a PO box anyway).

Whose name is on the correspondence received from the authority.

Thanks for the replies. Sorry if my post wasn't clear on a few points.

I work for a German company but we are a UK subsidiary so our registered business address is at a solicitors in Sheffield. The vehicle is owned by the company not leased, and the registered keeper is the company name at the registered business address in Sheffield.

The original pcn was addressed to Company secretary at the registered business address (Sheffield), not my personal address and not the building where we are based.

When I appealed the pcn I used my details so assumed any further correspondence would come to my home address. The charge notice received Monday was sent to the company secretary at the Sheffield address again.

I will try to upload copies of the pcns later this evening.

It rather looks like the CoSec needs to do the SD (if it gets that far). You can do it if authorised of course, but in their name.

You as an individual have no standing (and no liability). Of course the company may look to you to reimburse anything. That's a contractual matter.

"On what grounds? "

Lack of receipt of the NTO. Assuming that is indeed the case (as indeed you stated).

"OP, IMO you may not sign this statement irrespective of whether you are authorised by the company or not because you have no first-hand evidence that the NTO was not received, you don't even work in the same building."

'I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

Does an honest belief require direct first hand knowledge?

(CoSec given one actually exists does need to decide if they can legitimately delegate - which may depend on role of the delegate - and the delegate has to decide if they believe what they are told).

Good point by Enceladus i.e. next step is OfR.

I am going to be cautious because we haven't seen any notices and only have transposed info from the OP's recollection of phone calls.

OP, the company has the CC which would tell you the PCN number. You know the VRM so pl give us both so that we can see the authority's timeline of key events.