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I don't see a need to follow up by post. So long as you scanned the completed docs and attached them to the emails then it will be fine. You have the acknowledgement receipts. You should get the outcomes in 10-14 days

Should I perhaps, as belt and braces, send the signed SD's in the post by "signed for" mail? I could enclose a letter to confirm that I had already submitted the SDs via email so that there is no chance of the SDs being considered twice?

Absolutely not, anything you send by post to any organization nowadays just gets scanned and shredded. Your email will be considered first (because it was received first) and the postal copy would do nothing other than make the backlog worse for everyone whose application is sitting in the queue behind yours.

On Monday, it will be 21 days from the issue of the OfR. Whilst I have received an acknowledgement from TEC that I have submitted the SDs I have heard nothing further and may not do so for up to 2 weeks. I have never had the threat of bailiffs coming to my home. Should I expect them to turn up from Monday? I live in a gated mews - one neighbour is away but I will need to warn the other neighbour not to provide access.

@Little Nell nothing happens that quickly, the first thing the bailiffs would do is send you a letter (at a cost of a further £75) demanding full payment. That would not happen for a few weeks because the council and the bailiffs will want to be sure they don't get caught out by an "in-time" statutory declaration.

We already know the outcome of your TEC application because: as long as you've filled in the forms correctly, TEC is legally bound to accept them, so we know the order for recovery and the charge certificate will be cancelled.

Please keep an eye on the penalty outstanding on the TFL website. Both your PCNs are currently sitting at £280. When your Statutory Declarations are actioned by the Traffic Enforcement Centre the outstanding amount should revert to £180.

If matters progress how we expect them to i.e. that the SDs will be accepted by the TEC, will TfL then reissue the PCNs so that I have the chance to appeal that I was denied when I sent in the original appeals in November?

IMO no.

You have submitted SDs on which grounds? Presumably in each case that you made reps within the period specified but did not receive a notice of rejection, yes?

Here's a high-level description of the enforcement process: https://www.londontribunals.gov.uk/ruc/understanding-enforcement-process#sd

When you drill down into detail, this applies:


(7) Where a declaration has been served under paragraph (2)(b) or (c)[this is you] the charging authority shall refer the case to the adjudicator who may give such directions as he considers appropriate.

So, what does this mean procedurally:

1. You will not receive fresh PCNs;
2. You will not be able to make new or amended representations(at this stage);
3. The authority will submit the matters to the tribunal and the adjudicator will issue directions as they see fit.

What does 3 mean in practice?

That the adjudicator is likely to ask you to prove that your SD in each case was valid i.e. that you did submit reps 'in time'. They will consider your evidence and the authority's claim(that reps were not received in time) and decide on the balance of probabilities which situation is correct.
If they accept your version, they will direct that the PCNs are registered as appeals.

If they do not, then as I understand it you're on the hook for the full penalty in each case.

In short: you submitting SDs does NOT obligate the adjudicator to register the cases as appeals, it simply stops the authority from continuing enforcement at present. As posted by others, TEC are obligated to cancel the OfRs and CCs however, the adjudicator is empowered to act independently.

@Enceladus @H C Anderson

Apolgies HC, as I had been posting between myself and Enceladus, I automatically thought the latest response was from them.

I have been checking the PCNs daily and this morning the status of both has changed to:-

     "On hold SUS40 - Statutory Declaration Receipt"

I haven't received this information from the TEC but it is obviously coming. I'll post again when it arrives.

Many thanks again for your help (both)

Best wishes

@cp8759

Many thanks for this information.

On Friday, I received a letter through the post from the TEC stating that my SD has been accepted. I can't recall the exact terminology used and it is at home with the rest of the file containing the correspondence. I only received a letter for one of the PCNs but assume the other is on it's way.

I have checked the status of the PCNs this morning and this has not changed - "On Hold, SD receipt" and the amounts remain at £280.

I will continue to check the PCN status every day, and will await the TEC letter for the remaining PCN.

Once the TfL entry changes I will follow all the steps 1-6 then seek further guidance.

Best wishes