Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bt1068 on April 06, 2024, 01:58:44 pm
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OK so you need to call TEC on 0300 123 1059 starting on 15 April, and then once a week until they confirm the PCN has been registered with them. Once it has, print-off form PE3 (https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice) and get it sworn at your local county court (you will need to make an appointment) free of charge, or at any high street solicitor for around £10 / £15, then scan and email it to tec@justice.gov.uk
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The only source they have for your name and address is that recorded by the lease company, who would have received the first PCN, and submitted reps giving your name and address. Is this name and address correct in all detail ?
Details are correct. Surname first then first name but dont think it makes a difference.
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@bt1068 can you please confirm what name is on the charge certificate, yours or the lease company's?
Its my name, surname then first. Dont think it makes a difference, but thought to add.
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@bt1068 can you please confirm what name is on the charge certificate, yours or the lease company's?
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I also dont want to pay £195 or £204 (TEC), given this is first time I have read about this today.
As soon as the charge goes up to £204 you can file a statutory declaration using form PE3 (https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice) and email it to tec@justice.gov.uk (but you must get it sworn at a local county court first), this will cancel the order for recovery and the charge certificate and the council can then serve a new PCN on you.
bt1068.
It is really important that you acknowledge these posts and confirm your understanding of what you need to do.
And ask any questions you need to.
TEC are experiencing processing delays at the moment and you really can't risk exceeding the time allowed for filing form PE3 after the debt is registered.
Thank you, appreciate your help. I will add more details and questions once I get more info from the lease company.
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Find out, if possible, when the lease company receive a notice of acceptance of their representations against the first PCN, (yours is the second). Newham only have 28 days to send off the second PCN; if later, it is served out-of-time and void.
Thank you for the advice. The 28 days is from lease company responding to newham council or 28 days from the date of offence?
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As soon as the charge goes up to £204 you can file a statutory declaration using form PE3 (https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice) and email it to tec@justice.gov.uk (but you must get it sworn at a local county court first), this will cancel the order for recovery and the charge certificate and the council can then serve a new PCN on you.
At that point we can look at whether there are ground to get it cancelled altogether.
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Thank you, how can I book an appointment for this at local county court?
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I also dont want to pay £195 or £204 (TEC), given this is first time I have read about this today.
As soon as the charge goes up to £204 you can file a statutory declaration using form PE3 (https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice) and email it to tec@justice.gov.uk (but you must get it sworn at a local county court first), this will cancel the order for recovery and the charge certificate and the council can then serve a new PCN on you.
bt1068.
It is really important that you acknowledge these posts and confirm your understanding of what you need to do.
And ask any questions you need to.
TEC are experiencing processing delays at the moment and you really can't risk exceeding the time allowed for filing form PE3 after the debt is registered.
-
I also dont want to pay £195 or £204 (TEC), given this is first time I have read about this today.
As soon as the charge goes up to £204 you can file a statutory declaration using form PE3 (https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice) and email it to tec@justice.gov.uk (but you must get it sworn at a local county court first), this will cancel the order for recovery and the charge certificate and the council can then serve a new PCN on you.
At that point we can look at whether there are ground to get it cancelled altogether.
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You cannot challenge the CC, as the period for submitting representations is past. What you must do now is wait for them to register the debt at the Traffic Enforcement Centre, (the court without courts !), add the £9 registration fee to the £195 of the CC. They must then send out an Order for Recovery. You then have (I think), 21 days from its receipt to submit a Statutory Declaration to TEC that you did not receive the PCN.
The only source they have for your name and address is that recorded by the lease company, who would have received the first PCN, and submitted reps giving your name and address. Is this name and address correct in all detail ?
With your PCN going astray, do not rely on getting the paper OfR document, but after the period allowed on the Charge Certificate for payment, phone TEC every 7-10 days to find out if the debt has been registered. Once it has, then download the form from TEC, fill it in, get it witnessed, and sent off, by e-mail preferably.
If the application is accepted, and if the submission is within the time limit, this is automatic, TEC will order cancellation of the OfR and the CC. The matter then reverts to the PCN stage at which point you can pay or submit representations.
Find out, if possible, when the lease company receive a notice of acceptance of their representations against the first PCN, (yours is the second). Newham only have 28 days to send off the second PCN; if later, it is served out-of-time and void.
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Dear All,
My brother suggested to use advise from this forum so would really apperacite your input.
Today I receieved Charge certificate from Newham council for an offence committed on 04/12/2023, the letter state that a PCN was sent on 16/02/2024 and as I have failed to respond I now have to pay £195.
This is the first time I am hearing of this. Also the letter is dated 22/03/2024 so I am already over 14 days as of today and next steps is for them to recover debt thhrough Traffic Enforcement Centre.
My vehicle is a PCH (leased) vehicle. Today, I have been unable to reach my lease company to request commnucation and documentation that may have on this. I will reach out to them on Monday (office hours).
Could you please advice what next steps would be in terms of challenging this. I also dont want to pay £195 or £204 (TEC), given this is first time I have read about this today.
I have attached charge certifiate and actual pictures of offence from council website.
Best Wishes
Follow Driver
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