3. Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
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Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
« Reply #15 on: »
You say your father made reps in May.

IMO, rather than stay on the back foot I would write to the council...

Dear Sir,
PCN **********

On ** May I made representations against the above by ***(the method used).

I have not received a reply but instead have received a Charge Certificate.

Procedurally I am now obliged to submit a Statutory Declaration, however, I should none the less like to know on what basis you have issued the certificate.

Hugs...

IMO you should also chase up your correspondence with the police, after all you might need their confirmation.
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Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
« Reply #16 on: »
Actually our hard working Administrator has published a guide for your Father's scenario. London Local Authorities and TfL Act 2003 & London Local Authorities Act 1996 - no NoR

Please confirm that it is Father's name & current address on the postal PCN? Not somebody else?
Please also confirm that the representations were submitted online using Father's name & address as on the postal PCN?
IE not your name & address?
The email address used for the receipt could be either of you.

These are the steps to be followed in a case where:

1) You received a penalty charge notice issued under the London Local Authorities and Transport for London Act 2003 or an Enforcement Notice under the London Local Authorities Act 1996 (a penalty charge notice under the London Local Authorities Act 1996 doesn't count for these purposes).
2) You made representations against the PCN (under the 2003 Act) or against the Enforcement Notice (under the 1996 Act) within 28 days of the date of service of the PCN or Enforcement Notice (this is two working days after the date of issue),
1) You have not received a Notice of Rejection, but
2) You have received a charge certificate.

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by £10.

For all other cases, we cannot yet say how reliable the council websites are at showing the £10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form PE3 which you can download from here: https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

You will need to fill in the form on your computer and then print it off (do not try and do this on your phone).

You need to tick the box next to:

I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

Important: you should leave the "reasons" box blank. Yes this is counter-intuitive, but if you fill it in the form might be rejected.

Do not sign the form yet!

You must sign the form in front of an officer of the county court (which is free, you just need to call ahead and ask for an appointment at their public counter), or you can ask to do this at any magistrates' court (which is also free but most magistrates' courts will be unfamiliar with the process so you will need to show them the part of the form where it says it can be witnessed by a justice of the peace), or many high street solicitors will do this for around £10 / £15.

You should then scan and attach the completed form to an email and send it to tec@justice.gov.uk , put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form PE3 in the post shortly after you have emailed the duly complete PE3 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed PE3 form before you have emailed the sworn PE3 form to TEC, you should fill it in, get it sworn and email it to the tec mailbox as soon as possible.

The traffic enforcement centre will issue a revoking order and your case will be referred to the tribunal, you should refer back to your thread for further guidance.

If you have any questions, please ask on your thread.
« Last Edit: August 11, 2024, 04:59:39 pm by Enceladus »
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Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
« Reply #17 on: »
OP, which you are not bound to adopt.

IMO, each thread must turn on its own facts and in particular how the registered keeper is reacting to the issue.

OP, you posted that your father(the registered keeper) is very stressed about the matter.

Then on this occasion my advice remains the same: get on the front foot and do something.

Your track record at sending letters/emails has been less than successful i.e. reps to the council and letter to the police neither apparently responded to and which indeed may provide or point to what could be an underlying problem.

So far you have not managed to establish a dialogue with either party, perhaps third time lucky?

This is not instead of keeping your eye on £195 v £205, it's in addition to because you're in the float time on the critical path.
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Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
« Reply #18 on: »
Outcome: appeal allowed and costs awarded.
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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: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
« Reply #19 on: »
Great stuff.

Unfortunately, on this occasion the original Adjudicator is not available at this present time, and I therefore heard the application.

You won't be spending any monies in Newham!
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
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