Author Topic: TFL PCN Code 62 - Parked with one or more wheels on a footpath Opposite 58-64 Edgware Road W2  (Read 2602 times)

0 Members and 47 Guests are viewing this topic.

If you've not received their Letter of Rejection of Representations, you should ignore the CC and wait for the Order for Recovery. The council will apply to TEC so they can issue this, after the time for payment of the CC expires. You can then submit a Statutory Declaration to the Traffic Enforcement Centre that you didn't receive the letter of rejection. The process will then be reverted to the representations stage.

So when the CC payment period expires, it is time to get pro-active, because you have already missed one of their documents in the post, so must make sure you know they are at the OfR stage. You could miss getting the OfR so you need to phone TEC about once a week to enquire whether the PCN has been registered.  ONce it has, you don't actually need the OfR document, you can download the SD form from TEC.

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms


I've noticed it says that they rejected my appeal on 05/12/23

That'll do nicely.

Procedurally you could therefore submit a witness statement in due form once issued by the council, this would cancel the CC and require them to refer the matter to the adjudicator.


If you've not received their Letter of Rejection of Representations, you should ignore the CC and wait for the Order for Recovery. The council will apply to TEC so they can issue this, after the time for payment of the CC expires. You can then submit a Statutory Declaration to the Traffic Enforcement Centre that you didn't receive the letter of rejection. The process will then be reverted to the representations stage.

So when the CC payment period expires, it is time to get pro-active, because you have already missed one of their documents in the post, so must make sure you know they are at the OfR stage. You could miss getting the OfR so you need to phone TEC about once a week to enquire whether the PCN has been registered.  ONce it has, you don't actually need the OfR document, you can download the SD form from TEC.

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

Thanks so much! Will follow your steps and make sure I submit the SD form when the time comes.

Hey guys I am trying to fill out the PE3 SD form & noticed it says this "You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee."

How do I get this done exactly?

Free at your local county court, but appointment usually needed, or around £8-10 at a solicitor, although the recent inflation may have upped this a bit. so ask around.

@mr-jp any updates on this?
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

Hey CP, this is still on going atm and is at the adjucator stage. I filed a statutory declaration but they rejected it and now I'm awaiting a decision from the adjucator. The fine has gone down to £160 but I assumed it would've went back down to £80 due to being back at the representations stage? Not sure if to pay or wait, any advice?

Hey CP, this is still on going atm and is at the adjucator stage.
@mr-jp I suggest you urgently post up all the paperwork you've received, this could all go terribly wrong if it's not handled properly.

The fact that you've said you're "awaiting a decision from the adjudicator" indicates you're on the wrong track already and if by the time you show us the paperwork you've been given a direction to pay, it'll be too late for anyone to do anything about it.
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

Apologies for the delay as I have also been dealing with other road issues aside from this case. I will post everything now but to clarify, I sent a PE3 Stuatory Declaration Form to the TEC when it was time. They said it was the wrong form & requested me to complete a TE9 & TE7 form together & send those back to them. After that, my forms were rejected and then they automatically said an adjucator is on the case from that point and I can make further reps or pay £160.

They rejected it stating that they followed all regulations and they sent a reply to my appeal via first class post (which I didn't receive). I have noticed that TFL have written my address wrong in their letter to me & also the new keeper address. Not sure if that means anything.

The last thing that is being asked of me is to send evidence of my witness statement & a copy of appeals I made to the enforcement authority by 24th April.

I have attached most corresponce I have received here in this link

https://drive.google.com/drive/folders/1hENsrXFtEe7YY-TvxnL3uH9C0MqBoARM
« Last Edit: April 22, 2024, 02:58:12 pm by mr-jp »

Apologies also, I have read through the latest letter again and it is actually NOW being referred to the adjucator and then they will decide if the matter is listed for appeal or not.

Then they will decide if I have to pay the penalty charge or charge certificate cost.

With the best will in the world your posts above make little sense, not least because of your liberal use of the term "they" which seems to interchangeably describe TFL, TEC and the tribunal, which are all completely separate bodies to each other. Fortunately it's pretty clear from the documents what the situation is now.

There's a few thing you want to do first thing on Monday: call the tribunal on 020 7520 7200 and ask for your email to be added to the case, change the comms preference to email (this eliminates any risk of postal issues going forwards), and ask them to email you a copy of the evidence pack (this way you can have the original PDFs rather than fiddling about with a paper copy). Also, and this is of critical importance, tell them that you want any appeal to be listed for a hearing rather than a postal decision.

Have you sent a copy of the representations to the tribunal? If not, email it now to queries@londontribunals.gov.uk with the case number in the subject line. Even if you've sent it by post, send it again via email.
« Last Edit: April 27, 2024, 06:52:00 pm by cp8759 »
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

Thanks for the advice again CP, I followed your instructions & did everything on Monday morn. I will receive an email update on any decision/hearing date. Will let you know when I hear back from the tribunal.

Also, had already sent the copy of my reps over.
Like Like x 1 View List