Free Traffic Legal Advice

Hi,

In short:

Reps made, NoR not received and duly received CC, but instead of issuing OfR they've passed on to debt recovery agency who send a demand every few weeks. We'd like to proceed to OfR in order to submit TE9 within the correct timeframe. What do do?

Further Details:

I'm helping a relative with a PCN from Westminster Council. I'm not after help with appealing so not posting details/photos, but rather the appeal process in general - as follows.

They made formal reps but didn't receive a NoR. A Charge Certificate was received around 2nd March and we duly waited for the OfR in order to submit TE9 and go to appeal on the basis of NoR not being received.

However, instead of issuing a OfR as expected, they've passed the debt on to a debt recovery company (Marsden) who have sent repeated letters between March and now.

We sent off a TE9 but the TEC replied that no debt has been registered yet.

It seems that any point in time Westminster Council can call off Marsden Debt Recovery proceed to OfR. This seems to put the RK at a massive disadvantage as if she fails to spot the the OfR letter in time then we can't appeal.

Is there a way to force the LA to proceed to court so we can put this matter to bed?

I've never heard of a council going to debt receovery services instead of just going to TEC and getting a OfR. Is this common, or is there in fact anything inlegislation which would make this a procedural impropriety itself?

thanks,
Ash

Have you contacted the council? But before doing so.....

We need to see the NTO and know when and how reps were submitted to determine whether they were made in time. If they weren't then IMO the authority could disregard without any further reference to the owner.

Your references to NOR are predicated on a NOR having been issued. How do you know if one hasn't been received?

"However, instead of issuing a OfR as expected, they've passed the debt on to a debt recovery company (Marsden) who have sent repeated letters between March and now."

Are any of these letters titled, or purport to be a, "Notice of Enforcement"?

Ask the council to register the debt with TEC and tell the debt collector to go whistle the can do exactly squat. Nothing can happen until the OFR and that would be regardless of anything If you submit your stat dec on the basis of no notice of rejection received the council have to refer to the adjudicator even to say no intime representation was made. The adjudicator could then make a payment order or ask you to evidence a representation

Ask the council to register the debt with TEC and tell the debt collector to go whistle the can do exactly squat.

Thanks, I'll try the council. The RK hasn't bothered responding the the debt collection.

There could be something you're missing and as HC Andersen says you're breaking forum rules by withholding documents.

Hi as I said above I don't have the documents yet (as per OP this is not my own PCN). I shouldn't have posted until the RK is available to send them sorry.