Free Traffic Legal Advice

There's no point arguing about the signs at the stage you are at. At the moment, by not submitting reps within the 28 day period, you have lost the legal right to submit. You can submit some now, and admit they are late and say why.If they decline to accept your reps there is not much you can do other than pay the amount demanded in in their letter of refusal to accept the reps.

Sorry, but there's no point in beating about the bush, if you do not submit reps asap, you'll get a Charge Certificate increasing the amount to £105. You cannot submit reps then at all.

thank you.

Can you now help me with      "You can submit some now, and admit they are late and say why.If they decline to accept your reps there is not much you can do other than pay the amount demanded in in their letter of refusal to accept the reps."

You can normally make representations online.

However it seems as though the amount has already increased to £105 and the charge certificate is on the way.

It's hard to see any representation succeeding in any event. There were a pair of no vehicles signs completely unobscured you drove straight past.

I am looking to your experts how and if there is a way to challenge/avoid this and IF so what I am saying on the online portal?

I have now received a charge cert. - issue of notice 7/8/24 "payable" within 14 days of that notice, £105.

Any help most appreciated.

So it was in the post.

You have NO procedural alternative other than to submit representations ASP.

'Disregard' means what it says. You are asking them to exercise discretion so IMO forget all about telling them their signs aren't clear as this would be counterproductive.

Perhaps..

...I don't know why I missed the signs because in the video these seem to be quite clear. I have to apologise on two fronts: first that I committed the contravention and second that life events prevented me from submitting representations in time.

Despite this, I would ask the authority to consider exercising discretion confident that the deterrent purpose of penalty charges has had its effect...(assuming you have a hitherto unblemished PCN record with the council!)

Thanks.

Has anyone else also got any opinions here?

So it was in the post.

You have NO procedural alternative other than to submit representations ASP.

'Disregard' means what it says. You are asking them to exercise discretion so IMO forget all about telling them their signs aren't clear as this would be counterproductive.

Perhaps..

...I don't know why I missed the signs because in the video these seem to be quite clear. I have to apologise on two fronts: first that I committed the contravention and second that life events prevented me from submitting representations in time.

Despite this, I would ask the authority to consider exercising discretion confident that the deterrent purpose of penalty charges has had its effect...(assuming you have a hitherto unblemished PCN record with the council!)

Whilst I have had an auto generated email saying my rep was submitted I am yet to get any response whatsoever - we are now 6 days in from that?

Typically how long for them to reply?
Are they obliged to now I sent in my Rep after I got a cert charge?

Well, sorry, but looking back through the thread, it is your own fault you are in this situation because you did not submit any representations against the PCN within the 28 days allowed. The council may at their discretion accept late reps, but having now served a Charge Certificate are unwilling to do so, and they are within their legal rights, sorry to have to say it.
So you are now liable for the £105. If no payment is made, the the council will register the debt at the Traffic Enforcement Centre, (TEC), adding £10 onto the £105, and serve an Order for Recovery.

How can this be challenged? What is the likelihood of succeeding? Is there any point?

You can no longer challenge, because you didn't respond to the PCN within the 28 days so the opportunity to submit reps was lost. The process is laid down in law and regulations. It is your own tardiness that has caused your situation, I'm afraid.

There is no prospect of a CCJ at all, but not paying will see bailiffs at your door eventually.

OP, here's the enforcement process for moving traffic contraventions which should be self-explanatory:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process


Your Charge Certificate payment period has expired. The penalty is now £105.

If you do not pay then the authority would apply to the Traffic Enforcement Centre and get their permission to issue an Order for Recovery. This would add a further £10 to the debt.

You have no grounds on which to submit a Statutory Declaration - you can see the grounds in the link. Which means that if unpaid the authority's next step would be to obtain authority to obtain a Warrant of Control which they would give to bailiffs for enforcement. Stage 1 adds a further £75 to your debt whereas Stage 2 adds a further £235.

If you're livid now at the consequences of your error, you'd be apoplectic if a further £320 was added.

Here's Schedule 12 of the 'Enforcement' Act: https://www.legislation.gov.uk/ukpga/2007/15/schedule/12

Here's a summary of the Taking Control of Goods(Fees) Regs:
https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014