Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ToopSofia on January 02, 2024, 11:59:51 am
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Now I have the challenge of trying to get through to the relevant person at the council to discuss appealing the original PCNs.
@ToopSofia well obviously you don't want to rely on the post going forwards, keep an eye on the amount outstanding on the council website at https://towerhamlets.tarantoportal.com/
Once the PCNs reset to £130, you should assume a new notice to owner has been issued. You can challenge a notice to owner regardless of whether you've physically received it or not.
If you give us the PCN numbers and the number plate, we can start looking into substantive grounds to get the PCNs cancelled.
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We4ll done. Your draft couldn't have been that bad then.
Now I have the challenge of trying to get through to the relevant person at the council to discuss appealing the original PCNs.
No need.
They can now reissue NtOs so you have they opportunity.
I'm assuming these were pcns served on the vehicle?
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A very late reply - with an update and an apology for leaving you hanging given you were being so helpful. I had to deal with a sudden serious illness in the family which derailed my ability to post.
I did submit both forms back in January using the advice you had already shared and other advice on this forum. They ended up being drafted more rushed than I had hoped and I was obviously hoping to have more support to help me. But just today I received 5 letters from the County Court each informing me that for all the respective PCNs my order for recovery has been revoked and the charge certificate and notice to owner are to be cancelled. So obviously really pleased and very grateful to all the advice given on this thread and in the wider forum that helped me draft my witness statement.
Now I have the challenge of trying to get through to the relevant person at the council to discuss appealing the original PCNs.
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You haven't been back since the 6th Jan, which is really rather silly.
Perhaps you've paid the bailiff and assumed that precludes you from making the necessary applications----- IT DOESN'T ::)
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Can we have some exact dates because you'll need them >>
i.e.
The date of your move
The dates of the Charge Certificates
The date(s) you phoned TH and, more importantly, the e-mail.
The dates the debts were registered -- TEC can tell you those.
Then I can try to put together a cogent statement for you because you seem a little slow to respond at the moment. considering you are under threat from bailiffs.
Can you also clarify the number of PCNs involved and the amount currently demanded by the bailiff.
You will need to complete one application for each PCN.
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Yes. After I spoke to them on the phone I wanted it in writing to show I had informed them of incorrect address. I have the email which just reiteratee the phone conversation - that I had contacted them, hadn't recieved the PCNs, discussion on next step options i.e. waiting for TE3, that they had my incorrect address and that they had advised that they couldn't correct it. This was to the LA.
This was just after I had received the charge certificate (via my old landlord and when i first became aware of the tickets) but before any TE3.
Then you need to include this in your TE7. Make a draft and post it here first.
This is the Civil Procedure Rule that they have to follow >
Request
75.3
(1) The authority must file a request in the appropriate form scheduling the amount claimed to be due.
(2) The authority must, in that request or in another manner approved by the court officer
(a) certify –
(i) that 14 days have elapsed since service of the notice of the amount due;
(ii) the date of such service;
(iii) the number of the notice of the amount due; and
(iv) that the amount due remains unpaid;
(b) specify the grounds (whether by reference to the appropriate code or otherwise), as stated in the notice, on which the authority claims to be entitled to claim that amount; and
(c) state –
(i) the name, title and address of the respondent;
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Yes. After I spoke to them on the phone I wanted it in writing to show I had informed them of incorrect address. I have the email which just reiteratee the phone conversation - that I had contacted them, hadn't recieved the PCNs, discussion on next step options i.e. waiting for TE3, that they had my incorrect address and that they had advised that they couldn't correct it. This was to the LA.
This was just after I had received the charge certificate (via my old landlord and when i first became aware of the tickets) but before any TE3.
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Over the phone initially. I had quite a long conversation which essentialy concluded wait for your TE3 and nothing we can do about address. I then followed up by email confirming what they said and reiterating I had contacted them to change my address but got no response. It was all via the parking ticket contact details on their website.
So you have written proof that you advised them of your correct address?
If you can convince me of that then I can help you.
It means they have made an unlawful declaration to the court concerned.
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Over the phone initially. I had quite a long conversation which essentialy concluded wait for your TE3 and nothing we can do about address. I then followed up by email confirming what they said and reiterating I had contacted them to change my address but got no response. It was all via the parking ticket contact details on their website.
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- I contacted TH to discuss and was told I need to await for the Order for Recovery. I also informed them that they had the wrong address and asked if I could update it. I was told that this was not possible and they could only use the address provided by DVLA at the time of the original incident despite my new address being registered with DVLA now.
Tell us more about that bit. Contacted them how?
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Bailiffs have been instructed. That was the update I got just before Christmas. And also when I discovered the order for recovery was out.
I do want to submit with my TE9 unless there's no chance of it going anywhere as I never even got to appeal the fact that the PCNs were missing - and as there own photos weren't affixed at all to the car. I appreciate I might not get there but this is my first opportunity to register anything and I would like to at least pause bailiff activity which I think happens when I submit?
Might be wrong on above so do correct me if I am.
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Your biggest problem is that making a submission out-of-time means the council can object to it, and they usually do. TEC then reject your submission. You can then request a county court judge review of the decision. This costs around £110 for a papers-based review and around £260 for an interview with the judge. Neither of these sums is normally recoverable.
You need to find out asap the status of each PCN, and whether bailiffs have yet been instructed for those registered at TEC. However I suppose as it is now 2024, they will all be registered.
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Hi all. I'm hoping for some help with a TE7 for a multiple PCN saga that has been ongoing since June 2020 and that due to both a house move and missing PCNs has caused huge issues. I am at a nothing to lose in submitting a TE7 and TE9 stage but would really appreciate any help on what to include and how to improve my submission.
History:
- I moved house in Jan 2020 – updated my license address but hadn’t got round to updating DVLA when covid hit and if I’m honest it went completely out my head in those first few months of chaos. I updated in July 2020.
Locally we have very limited street parking but during the early months of the pandemic on street parking restrictions were suspended
- I was parked on street in June 2020 when I contracted COVID and was self-isolating / ill for 2 weeks.
When I returned to my car 2 weeks later parking restrictions had been reinstated and I had a PCN on my car which I subsequently paid (later realised that I could have appealed on COVID grounds but I was still foggy headed and just wanted rid).
- As far as I was concerned that was the issue dealt with
- In October 2020 my old landlord got in touch to say there was post for me that looked important. I went to collect and it was 5 charge certificates for PCNs all in the week running up to the PCN I paid. Essentially they had given one a day for 6 days but by the time I arrived only one was there. If I get to appeal then that’s for a different post.
- This was the first I was made aware and there was no sign of the Notice to Owner at my old flat
- I contacted TH to discuss and was told I need to await for the Order for Recovery. I also informed them that they had the wrong address and asked if I could update it. I was told that this was not possible and they could only use the address provided by DVLA at the time of the original incident despite my new address being registered with DVLA now.
- I spoke to my old landlord and the tenant and asked if they could keep me updated if there was any further post for me at the property. They confirmed they would. And in the following months on 2 occasions I was informed that there was post to collect. None of the post related to the PCNs but gave me some assurance that I would be informed when the Order for Recovery arrived.
- However I have since discovered that the landlord sold the property (I don’t know exactly when).
At this point I was finally made aware of TEC and that they would know the status of my case – I phoned and was told that the order for recovery had been sent months ago and I was long past the TE9 time and need to submit a TE7.
I know there is no guarantee but given I never even saw the PCNs and given where we’re at this stage I have nothing to lose I want to make sure I give my TE7 the best shot I have. At this point I would pay 5 X the original within 14 days charge that I never got the chance to.
I don't know what level of detail or tone is appreciated in TE9s so would really value any suggestions or help on what to include and also a steer as to whether not updating my V5C immediately will invalidate everything?
Thank you in advance!