Author Topic: TEC "time allowed" for PE3?  (Read 1590 times)

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Re: TEC "time allowed" for PE3?
« Reply #15 on: »
So I've checked the Waltham Forest PCN viewer, and there is no case history resource available. But I will post up the images shortly.
PCN is for a contravention 51 Failure to Comply with a no entry restriction.

This has just gone out to TEC, based on a conversation with them this morning:
Please see attached form PE3 including Statutory Declaration in relation to PCN FRXXXXXXXX
I am requesting that this is processed as an “in time” representation, as I believe there are anomalies between the information held by TEC and the documentation which I have received to date.

Attachments :
Attachment 1 (1 page) : Form PE3 including Statutory Declaration which I request is treated as an “in time” representation.
Attachment 2 (1 page) : Order for Recovery “Dated 01/09/2023”. This was received by me by 4th September 2023, and supports my request that this is treated as an “in time” representation.
Related information to Attachment 2 : I spoke to Joanna at TEC at 1015 on 21st September 2023, who explained that a debt had been registered with TEC on 7th July 2023. I believe that the Out of Time decision is incorrectly being based on the date of debt registry (7th July 2023), instead of the date of the Order for Recovery (1st September 2023, see Attachment 2).
Attachment 3 (1 page) : My cover letter to TEC, sent my email after 4pm 14th September 2023, outlining the reasons why my representation is within the time allowed.
Attachment 4 (2 pages) : copy of 2x emails from me to TEC on 14th September 2023, and response from TEC on 20th September 2023.
Attachment 5 (2 pages) : proof of postage and delivery for my original representation to TEC on this matter, sent 6th September 2023, and received 7th September 2023.


Re: TEC "time allowed" for PE3?
« Reply #16 on: »
So here are more details on the PCN itself, it is a short "no entry" section of road.
I don't want to post up full details for all and sundry, but I do want to appeal this.
Location is here : https://www.google.com/maps/@51.5876215,-0.032535,3a,75y,302.74h,81.84t/data=!3m6!1e1!3m4!1s7HABpdO2IAkdiEnfTWcEjw!2e0!7i16384!8i8192?entry=ttu

There are a couple of points which I would like to clarify during the appeal:
1) at which point is the No Entry enforceable, is it at the road markings (where exactly?), or on a line between the signs at either side; and
2) when has an contravention occurred, is it when any point of a vehicle crosses the point, or when the full vehicle has crossed.

Probably irrelevant, but this section has only been marked No Entry within the past few years, most likely as part of LTN initiatives.

The video shows that the vehicle stopped at the No Entry point, and reversed into the parking space on the left.


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Re: TEC "time allowed" for PE3?
« Reply #17 on: »
I don't want to post up full details for all and sundry,

Game over.

Re: TEC "time allowed" for PE3?
« Reply #18 on: »
Forget the PCN for the moment, the process you are stuck in is purely proceedural, rights or wrongs of the PCN are irrelevant and should not be mentioned within any conversation with TEC.

See what comes back from the new PE3.... though I predict a rejection.

Re: TEC "time allowed" for PE3?
« Reply #19 on: »
See what comes back from the new PE3.... though I predict a rejection.
You have e-mail Guv. :o  :o

Re: TEC "time allowed" for PE3?
« Reply #20 on: »
No, you don't need to secure your car at this point.
I take that comment back. There IS potential for bailiff action at the moment.

You could ask TEC if WF have sought authority for a warrant?

Re: TEC "time allowed" for PE3?
« Reply #21 on: »
No, you don't need to secure your car at this point.
I take that comment back. There IS potential for bailiff action at the moment.

You could ask TEC if WF have sought authority for a warrant?

Thanks for going back to that for me, I was wondering why bailiff action would not be a potential next step here.

I phoned TEC last week, and they confirmed that no authority had been requested for a warrant at the time of calling, but when I queried if authority for a warrant would also be on a circa 5-day turnaround (i.e. as per my communications with TEC), the conversation took a very negative/strange turn. The TEC call handler couldn't assist in any way, and was extremely evasive when I continued to probe. I was trying to figure out if I had at least 5 days breathing space, but did not get any such suggestion from the responses.

In the meantime, I received the attached letter from "on behalf of Parking Services", so it could be Waltham Forest, or NSL, I don't know which.
Due to the dates/timing of my communications, this is likely in response to my emails of 4th June and 23rd August to "wfpcn@nsl.co.uk".
Interestingly, this appears to confirm my view that the text "dated 01/09/2023" on the OfR document (also attached for reference) is the issue date of that document (and not the payment deadline). The letter provides the option to pay "before 03/10/2023" which is 21 working days from 01/09/2023.
This also directly contradicts the information I received from TEC, i.e. that the debt was registered on 7th July 2023, and that representations received >21 days thereafter require an "out of time" statutory declaration.

Unless I'm missing something, there appears to be a significant issue with the "time allowed" for PE3 representations in my case, perhaps others also.




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Re: TEC "time allowed" for PE3?
« Reply #22 on: »
Just to round this off:
1) I'm still waiting on a reply from TEC to tell me if my PE3 was accepted as an in time declaration.
2) given the rampant process / procedure problems which have now escalated to debt registration / potential bailiff action (completely outside of my knowledge or control), I decided that the risk of this escalating further was too much, and I've paid the PCN.

In simple terms, it seems that it is possible (probable?) that bailiffs would turn up at some point, and that could be very traumatic for family members if I am not around at the time.
Also, this is not a case of me changing address before now (lots of these PE3/PE2 cases seem to relate to address changes / DVLA records), but there is a chance that I will be changing addresses in the next few months, and I don't need to add that complexity into a drawn out process of appeals / London tribunals etc.

I am keen to keep going at this, but I assume that there is no formal PCN process once the PCN is paid, is this correct?

I'm also considering a FOI request on the original PCN to establish which communications were issued & when, and I also need to check that there are no other PCNs in process (ridiculous as that may sound).
« Last Edit: September 25, 2023, 11:06:46 pm by snarkmaiden »

Re: TEC "time allowed" for PE3?
« Reply #23 on: »
If you've sent the forms to TEC you should still get an outcome, one way or the other.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

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

Re: TEC "time allowed" for PE3?
« Reply #24 on: »
Paying at tis stage does not automatically close the PCN but you may have to remind the council of that if and when.

If TEC accept what you have sent... I have to say I doubt it but the fairy godmother dept may be working... then by rights, council ought to re-issue the PCN and you can reclaim moneys already paid.
If it is cancelled back, any penalty, fees etc are also cancelled back to where the process broke down.

Re: TEC "time allowed" for PE3?
« Reply #25 on: »
but when I queried if authority for a warrant would also be on a circa 5-day turnaround (i.e. as per my communications with TEC), the conversation took a very negative/strange turn. The TEC call handler couldn't assist in any way, and was extremely evasive when I continued to probe. I was trying to figure out if I had at least 5 days breathing space, but did not get any such suggestion fro
I should think they were confused --- because I haven't a clue what you are talking about?

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You have told us that TEC told you the debt was registered on 7th July? I think you must have misheard that because neither end of the OfR could then be dated September.

I suggest you ask WF for a full history of actions and notices issued in your case and --- if they don't cooperate, make that a Subject Access Request.

--------------
I'm at a loss to understand why you've now paid when you had the protection of that last WF letter?

Re: TEC "time allowed" for PE3?
« Reply #26 on: »
Interestingly, this appears to confirm my view that the text "dated 01/09/2023" on the OfR document (also attached for reference) is the issue date of that document (and not the payment deadline). The letter provides the option to pay "before 03/10/2023" which is 21 working days from 01/09/2023.
gnificant issue with the "time allowed" for PE3 representations in my case, perhaps others also.
Your imagination knows no bounds.

1/. It confirms nothing of the kind.

2/. That isn't 21 days; it's 22

3/. Working days are not what is counted anyway.

Please stop writing things as facts just to suit your flawed narrative.

Is there any chance at all that you could stop telling us what is happening according to you and actually start to listen?

Re: TEC "time allowed" for PE3?
« Reply #27 on: »
but when I queried if authority for a warrant would also be on a circa 5-day turnaround (i.e. as per my communications with TEC), the conversation took a very negative/strange turn. The TEC call handler couldn't assist in any way, and was extremely evasive when I continued to probe. I was trying to figure out if I had at least 5 days breathing space, but did not get any such suggestion fro
I should think they were confused --- because I haven't a clue what you are talking about?

-------------
You have told us that TEC told you the debt was registered on 7th July? I think you must have misheard that because neither end of the OfR could then be dated September.

I suggest you ask WF for a full history of actions and notices issued in your case and --- if they don't cooperate, make that a Subject Access Request.

--------------
I'm at a loss to understand why you've now paid when you had the protection of that last WF letter?

Just to respond on these:
1) I was trying to find out if an authority for a warranty had been issued (it hadn't), then trying to find out if it would take 5 days for TEC to issue one (i.e. working to the same response times as my correspondence with TEC). I did not get a clear answer to this second query.
2) this feels like gaslighting, but I can confirm that I asked TEC to reconfirm the date of 7th of July when I was first informed.
3) Thanks, I'll give that a go.
4) Given the inconsistencies and delays in previous communications, I don't perceive any protection from that last WF letter. Bearing in mind that TEC confirmed that my representation to them was "out of time", I think it was reasonable to expect further action imminently.

Re: TEC "time allowed" for PE3?
« Reply #28 on: »
Interestingly, this appears to confirm my view that the text "dated 01/09/2023" on the OfR document (also attached for reference) is the issue date of that document (and not the payment deadline). The letter provides the option to pay "before 03/10/2023" which is 21 working days from 01/09/2023.
gnificant issue with the "time allowed" for PE3 representations in my case, perhaps others also.
Your imagination knows no bounds.

1/. It confirms nothing of the kind.

2/. That isn't 21 days; it's 22

3/. Working days are not what is counted anyway.

Please stop writing things as facts just to suit your flawed narrative.

Is there any chance at all that you could stop telling us what is happening according to you and actually start to listen?

Thanks,
1. "nothing of the kind"? It looks pretty similar, has similar timelines, and appears to be very relevant to me.
2. It is 21 working days from Monday 4th September through Monday 2nd October inclusive.
3. Fair enough, I'm not familiar enough to know if they use working days or calendar days.

To update on my original query (which was about the "time allowed" on the OfR), it seems that I could never have submitted a PE3 "in time", and that even if I did an instant representation to TEC, it would have been Out of Time.

I hope that is useful for others in a similar situation.


Re: TEC "time allowed" for PE3?
« Reply #29 on: »

Not relevant now but in case someone else comes on this thread looking for information.
Once a Charge Certificate arrives and there is reason to wait for the Order for Recovery, it is important to be proactive, if the order is late, goes missing or the like and the deadline for automatic acceptance is missed, it all goes pear shaped.
Regular phone calls to the authority and or TEC are key.
Asking if the debt had been registered.
The moment the answer is yes, relevant forms can be downloaded from TEC, filled in and sent.

This was a really useful response from earlier in this thread, if it helps others, I've added a bit based on what I went through:
Once a Charge Certificate arrives and there is reason to wait for the Order for Recovery, it is important to be proactive, if the order is late, goes missing or the like and the deadline for automatic acceptance is missed, it all goes pear shaped.
=> in my case, the OfR turned up 8 weeks after the debt had been registered

Regular phone calls to the authority and or TEC are key.
=> in my case, TEC (Traffic Enforcement Centre) is not mentioned at all on the charge certificate, in order to be proactive you will need to research online for contact details and what you should be asking for (see below)
=> in my case, the authority (Waltham Forest) had very little information available, but were happy to direct me to automated payment facilities (both on the phone and online).

Asking if the debt had been registered.
=> you need to phone TEC with the PCN number from the charge certificate, and ask if the debt has been registered.

The moment the answer is yes, relevant forms can be downloaded from TEC, filled in and sent.
=> in my case, a PE3 form including statutory declaration was required, plus a PE2 form with statutory declaration (for "Out of Time" representations).
=> in my case, TEC were not able to confirm the date when "Out of Time" started and the PE2 became necessary, but they informed me that this should be stated on the Order for Recovery letter. In hindsight, it would have helped if I had asked TEC if my representation would be "Out of Time", i.e. if I was told "yes", then I would have known that a PE2 form would also be necessary.
=> in my case, the OfR did not include a PE2 form, it only had a PE3 form enclosed.