Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: gtech on March 10, 2024, 09:10:33 pm
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Don't worry, we're not fighting, (except against the councils and TfL !). I just wish government websites didn't have misleading info on them !
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Thanks guys appreciate your time. and no fighting please!
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Thanks for this, but surely it is totally unacceptable for a government body to put very misleading information on their website. It fooled me, (obviously). I also do wonder why there have to be two forms for what is essentially the same thing.
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I didn't 'imply' anything but just expressed shock and surprise at an erroneous post from such an experienced and long standing member.
Just to help everyone out, this is the relevant section of legislation >
23.—(1) This regulation applies where—
(a)a county court makes an order under regulation 22,
(b)the person against whom it is made (“P”) makes a witness statement complying with paragraph (2), and
(my bold -- which is form TE9)
https://www.legislation.gov.uk/uksi/2022/71/regulation/23/made
It hasn't changed for 16 years and the fact that the form is used for other scenarios doesn't mean anything.
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More important is the fact that you will have to watch for when the debt is registered; either by monitoring the payment page increasing by £9 or by liaison with TEC.
To complicate matters Redbridge are one of those using an extra 'dubious' letter to try to get payment before debt registration. This can be ignored but you should show us anything that arrives, to be safe.
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OK, so its a parking PCN under the Traffic Management Act 2004. This means you need to use PE2 & PE3 forms
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
On the forms, the "Applicant" is the council, not you. You are the "Respondent"
Come on, you know better than that.
It's TE9 and I'll have to re-read to understand why TE7 is even mentioned?
So far I only see a Charge Certificate.
Well if I am thick and stupid as you imply, then TEC must be just as stupid: -
extract from their website
Form
Dart Charge, Mersey Gateway, clean air zones - Challenge a traffic enforcement order: Form TE9
Use this form to challenge a court order (‘order of recovery’) for Dart Charge, Mersey Gateway crossing or clean air zone charges.
https://www.gov.uk/government/publications/form-te9-dart-charge-mersey-gateway-clear-air-zones-challenge-a-traffic-enforcement-order
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Hi Neil.. well I must admit I thought it was a te9.. mum has only received the charge certificate.
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OK, so its a parking PCN under the Traffic Management Act 2004. This means you need to use PE2 & PE3 forms
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
On the forms, the "Applicant" is the council, not you. You are the "Respondent"
Come on, you know better than that.
It's TE9 and I'll have to re-read to understand why TE7 is even mentioned?
So far I only see a Charge Certificate.
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Many thanks
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OK, so its a parking PCN under the Traffic Management Act 2004. This means you need to use PE2 & PE3 forms
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
On the forms, the "Applicant" is the council, not you. You are the "Respondent"
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thanks for your reply. here's the pics as requested.
(https://i.imgur.com/kpVjZm9.jpg)
(https://i.imgur.com/60zwRPR.jpg)
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Best if you post-up whatever documents you have. If the PCN number is on the CC, use it and your reg number to look at the PCN and evidence on the council website and post that as well.
Next stage of the process, if you don't pay the CC, is for them to register the debt at the Traffic Enforcement Centre, (the "court"), and send you an Order for Recovery. This adds £9 onto the CC amount. At this point you can submit your statutory declaration. Look here for the forms: -
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
Until you tell us what the PCN is for, we can't tell you what form to use. Provided you submit the declaration within the time period allowed after issue of the Order for Recovery, it will be accepted and the matter reverted to the PCN stage. You cannot submit any declaration to TEC until the PCN is registered there.
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Hello. Bit rusty with London pcn as do not work in London anymore.
But.. my mum has lent my brother her car for night work and he has a pcn- which was never received. This was Feb 4th and she has since received a charge certificate. Is now the time to use the out of time or is it at the next letter? I can't remember. Is the next letter a court claim.
Thanks for your help.