Author Topic: TFL replied to my appeal 5 months later  (Read 1757 times)

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TFL replied to my appeal 5 months later
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I received a PCN from Transport for London for the alleged contravention of performing a prohibited turn (no right turn). I appealed the PCN on 10 May and didn't hear anything from TFL until I received a charge certificate on 22 November. I called TFL and they said that they sent a notice of rejection on 15 October - which I didn't receive.
For arguments sake, even if a notice of rejection was sent, that's more than 5 months since my initial appeal. Don't TFL have a timeframe in which they have to send out a response?

PS I have now received the order for recovery, to which I believe I have to fill in the PE3 form. I understand the advice is to leave the "reasons" box blank but should I include the fact that I Called TFL after receiving a charge notice and they claimed to have sent a notice of rejection on the 15 of October.

Thanks

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Re: TFL replied to my appeal 5 months later
« Reply #1 on: »
Submit the Statutory Declaration form which was included with the Order for Recovery. Tick the box that says you submitted representations against the PCN and did not receive a Notice of Rejection.

The PE3 SD will need to be witnessed. You can do this FOC at any convenient County Court. Phone first and check opening hours and make an appointment if told to do so.

Else a Solicitor can witness but will likely charge £8-10.

Scan the witness SD and scan it to a PDF. Attach the PDF to an email to the Traffic Enforcement Centre at Northampton County Court. The email address is on the SD form. Include the PCN number in the email subject line.
« Last Edit: January 07, 2025, 08:32:46 pm by Enceladus »

Re: TFL replied to my appeal 5 months later
« Reply #2 on: »
Should I fill in the Statutory Declaration form instead of the PE3 form? According to the letter the Statutory Declaration form included in the Order for Recovery also has to be witnessed.

Re: TFL replied to my appeal 5 months later
« Reply #3 on: »
Should I fill in the Statutory Declaration form instead of the PE3 .
They are one and the same

Re: TFL replied to my appeal 5 months later
« Reply #4 on: »
Thanks.

On the PE3 form should I mention that I called TFL and they claimed to have sent the notice of rejection on 15 October - which is more than 5 months after I made the appeal.

And is this not grounds to have the PCN dismissed?
« Last Edit: January 07, 2025, 10:29:50 pm by traz »

Re: TFL replied to my appeal 5 months later
« Reply #5 on: »
Thanks.

On the PE3 form should I mention that I called TFL and they claimed to have sent the notice of rejection on 15 October - which is more than 5 months after I made the appeal.

And is this not grounds to have the PCN dismissed?
You do not need to enter anything in the 'Reasons' box.

For your information,  TEC have no role in whether a PCN is cancelled or not. All you are doing is telling them you did not receive one of the statutory enforcement documents. This means they will, on getting your SD, order the OfR and CC to be cancelled, and the matter reverts back to the NtO stage at which point you can submit reps against it, or pay it.

Re: TFL replied to my appeal 5 months later
« Reply #6 on: »
Thank you.

According to my research TFL have 56 days to respond to an appeal before it is nullified. But over the phone the representative from TFL was trying to convince me they have unlimited time to respond.

Re: TFL replied to my appeal 5 months later
« Reply #7 on: »
The 56 days does not apply to your PCN because it was served under a different Act of Parliament, but until you post the PCN we don't know the exact one, (there is more than one !)

Re: TFL replied to my appeal 5 months later
« Reply #8 on: »
There is no NTO (Notice to Owner) stage for your PCN. The Traffic Enforcement Centre at Northampton County Court upon receipt of your Statutory Declaration (SD) will order the Order for Recovery to be revoked and the Charge Certificate cancelled. The case should then be referred to the Adjudicator for direction on how to proceed, if TFL still want to enforce. The standing instruction from the Adjudicator is to re-serve the Notice of Rejection (NoR) where one has been issued and then lost in the post.

Upon receipt of the NoR you can either pay the PCN or appeal the matter to the Adjudicator.

We can discuss this further when you actually receive the new NoR, however at first sight I would then submit an appeal to the Adjudicator. The Adjudicator is likely to find that five months to issue and serve a Notice of Rejection is unreasonable, unless there are very good reasons for the delay. And will order the PCN cancelled.

Re: TFL replied to my appeal 5 months later
« Reply #9 on: »
OP, I don't want to hinder you doing what is the ONLY action open to you which is to complete(including getting your signature witnessed) the PE3 and then send to the Traffic Enforcement Centre.

We give this advice so often that occasionally we might forget an OP's level of knowledge.
Yours is practically zero, c'est la vie.
Therefore matters have to be particularised.

The 'they' in the previous post means the Traffic Enforcement Centre, nothing to do with TfL. So make sure you understand the difference.

The PCN won't be cancelled, it's the Charge Cert and OfR which are. TEC will instruct TfL in whose court the ball will land. If they want to continue then they must refer the matter to the Tribunal(adjudicator) for direction.

But for the moment just complete the PE3, DO NOT SIGN YET, arrange to get your signature witnessed at your local court(free but might be delay) or solicitor(a small fee) at which point you then sign, email to TEC and make sure it's in time.

Is this clear?

Re: TFL replied to my appeal 5 months later
« Reply #10 on: »
It would help if we at least had the PCN number and registration so we could confirm your current position.

Re: TFL replied to my appeal 5 months later
« Reply #11 on: »
Thank you everyone.

I've filled out the PE3 form and sent it to the TEC.

Re: TFL replied to my appeal 5 months later
« Reply #12 on: »
Update

TFL have now sent me a 40 page pack in which they are still pursing the PCN. What would be the best course of action now?

Also, should I open a new thread or continue with this one?

Re: TFL replied to my appeal 5 months later
« Reply #13 on: »
Continue with this thread.

Have you received anything from TEC?

Was there a covering letter from TfL with the pack?

Re: TFL replied to my appeal 5 months later
« Reply #14 on: »
Yes, that's right. I am attaching a scan of the covering letter.

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