Free Traffic Legal Advice

• Neither the PCNs nor the Charge Certificates were received. This is most likely due to a house move. She misplaced her V5C, and didn't apply for a new one (at the new address) until she'd turned all the packing boxes at the new house upside down. Furthermore, a postal redirection wasn't in place until just over two weeks after the offending dates. However, she was on good terms with the new occupants of her old address, and they assured her that nothing turned up (not that that's worth a jot, legally, I know). However, it wouldn't explain why the Charge Certificates weren't received - they should have arrived via redirection by that stage. Not a great set of circumstances, granted, but we are where we are...and it's not 100% her fault!
• The first we heard of enforcement action was when we received the Order for Recovery from the TEC (via postal redirection), quite a long time after the event. PE3 forms were submitted, and I believe an email was sent (which was listed as an option) as an emergency alternative to a PE2, as the OfR was received too late for the PE3 to be submitted in time (presumably due to the redirection - and although the V5C had been changed by this point, they presumably don't re-check the registered address). Forgive me if the email thing sounds implausible and I've got it wrong - it's months ago - but that is my recollection. Two printed PE3 forms were supplied with the OfR. These have a green background, with every field to be completed (un)shaded in white...except where the solicitor states their role, which is on the green background. Both my other half and the solicitor (who is a friend, so comeback isn't an option) missed this final field, and failed to complete it. The first PE3s were rejected on the basis that the forms were incomplete.
• The rejection notice included two more PE3s (all-white, this time), and a PE2. These were duly completed, with both PCN numbers on the PE2. These were also rejected on the basis that there should have been one PE2 per PCN/PE3, with a large question mark being drawn next to the twin PCN numbers on the PE2 - rather petty, I thought. A great deal of compassion for innocent mistakes appears to be shown at the TEC...!
• Fresh PE2s and PE3s were printed (not supplied this time), completed and submitted. Third time lucky!
• Some time later, we received a reply (by Recorded Delivery - more on that later) from TfL stating that they did not consider postal issues to be valid grounds for us to go back to the PCN (or even Charge Certificate) stage, and referring the matter back to the TEC. I've just noticed that the TfL website mentions the Interpretation Act 1978 s.7 in this context,
• Finally, yesterday we received a letter from the TEC stating that the PE2 was rejected (but offering an appeal process, at cost). They are not obliged to give a reason for the rejection, and have not done so. The actual implications of this are somewhat unclear from the contents of the letter (might CC the Campaign for Clear English...!), but on a 10th reading it sounds like that means the PE3 will not be considered.

• This has been dragging on for months, and is pretty stressful. It is affecting my other half in particular. The nature of her work (in the public sector, ironically) means that she works away and can do very little admin during the week - although her role might play well in court, if it ever got that far. The process once it leaves TfL is unclear, and very slow. Does anyone know what is likely to happen next, and when we might know the bottom line? Will they send a demand for payment? Frankly, she'd just like it to go away at this stage. They definitely know how to wear you down!
• Ideally, she would like to pay the original £90/contravention, as she would have done without hesitation if the PCN had been successfully delivered, but I think has accepted that it is likely to be at least at the £180/event rate. However, if the PE3 is not going to be considered because the PE2 has been rejected, presumably this will be higher, and will at least be subject to a debt registration fee. I'm struggling to find out what that fee might be. Does anyone know what the implications will be here?
• One of the options on the PE3 form is that the keeper of the vehicle did not receive the PCN - presumably with "lost in post" being the most obviously scenario. However, this basis for appeal was rejected because postal issues are not TfLs problem (or words to that effect). Two thoughts here:

• Given that they later replied via Recorded Delivery, does that affect the validity of that statement? If normal post is good enough for a PCN or a Charge Certificate, why use it for later correspondence?
• Can they actually provide proof of postage without something being sent via Recorded Delivery? There is always the chance that, rather than it being a Royal Mail issue (most likely, I think), they actually didn't send either document in the first place!

• TfL claim that the PCN was issued on the 5th of January, and the CC on the 28th February.
• A postal redirection was in place from the 14th January and we have a receipt from RM to confirm this.
• Sadly the redirection was applied too late to catch the PCN, and that was the expensive part. The CC not being redirected appears to have only cost her 2x £9.
• The new owners of her old house were asked to be on look-out for a PCN once she realised she'd forgotten to pay the two £12.50 charges, but they say nothing arrived. Of course that's pretty sketchy, and wouldn't get us far, I suspect.

Perhaps it's obvious if you read these things all the time and know the processes and terminology, but (frankly) I'm not stupid, so if I'm having trouble deciphering it all for the first time, heaven help the majority of the population!
As you can see, space is extremely limited, and full sentences were not really possible. It is not clear if you could attach a fuller explanation on a separate sheet, but I assume not