Author Topic: Timescale for Order for Recovery  (Read 1285 times)

0 Members and 452 Guests are viewing this topic.

Timescale for Order for Recovery
« on: »
Hi

This relates to a thread that was begun on Pepipoo.

A family member was ticketed for not parking fully within the bay (it was a disabled bay and they were displaying a badge).  As the lines are practically non-existent he will almost certainly win a genuine appeal.  However he did not receive the NTO so never had an opportunity to appeal to NPAS.

Here is the charge certificate that was received:





He has been calling the TEC once a week since receiving the CC but they have told him the OfR has not yet been registered.  Obviously he also has not received a OfR.

Last time he called, the lady at the TEC told him that as more than 33 days had passed, it was too late for the council to register an OfR.  Is this the case please?

Share on Bluesky Share on Facebook


Re: Timescale for Order for Recovery
« Reply #1 on: »
Technically they have 6 years but the tribunal might well find over 3 months is an abuse of process

Re: Timescale for Order for Recovery
« Reply #2 on: »
Last time he called, the lady at the TEC told him that as more than 33 days had passed, it was too late for the council to register an OfR.  Is this the case please?
No, in practice TEC would let them register the debt no matter what the delay is. That being said, rather than calling TEC you can simply check the amount due on the council website.

If the delay gets to six months, you can use the formal complaints process to force the council's hand.
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: Timescale for Order for Recovery
« Reply #3 on: »
rather than calling TEC you can simply check the amount due on the council website.

Sorry, could you elaborate?  How would it appear depending on each circumstance?

Re: Timescale for Order for Recovery
« Reply #4 on: »
When they register the debt at TEC, they add on £9, to the amount on the Charge Certificate.  This is the TEC registration fee, so it's pretty obvious when registration has occurred.
« Last Edit: November 14, 2023, 11:58:35 pm by cp8759 »

Re: Timescale for Order for Recovery
« Reply #5 on: »
rather than calling TEC you can simply check the amount due on the council website.

Sorry, could you elaborate?  How would it appear depending on each circumstance?
When the debt has been registered, the amount due on the council website will go up to £99.
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: Timescale for Order for Recovery
« Reply #6 on: »
When they register the debt at TEC, they add on £9, to the amount on the Charge Certificate.  This is the TEC registration fee, so it's pretty obvious when registration has occurred.

Thanks, this would be very helpful, but the charge outstanding on the council website still says £60, which is what it would have been before the CC.

Re: Timescale for Order for Recovery
« Reply #7 on: »
Then I'm afraid you'll just have to keep calling TEC.

It's very strange because this suggests that anyone getting a Harrow charge certificate who simply wants to pay it would only be required to pay £90, so the council is missing out on the extra money, but it seems there are no limits to their incompetence.
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