Additionally, on 02 July 2024, I wrote to Southwark Council stating the procedure from London Councils and asking them to cancel the charge certificate and reissue the PCN (quoted below).This actually indicates that you have not read my instructions above which say "do not contact the council, ignore everything the council says and just follow the guide". Please do not contact the council for any PCN where I have said not to.
Southwark Parking has indicated that they can 'consider' but are not 'obligated to do so'.
This indicates that Southwark Parking considers following guidance from the tribunal as optional. Full reply below.
We notice that the seven PCNs below are in the Charge Certificate stage. Per paragraph 116 of London Councils' Code of Practice for Parking Enforcement, Southwark Parking is requested to cancel the Charge Certificate, re-check the address with DVLA, and serve another NtO.
If this request is denied kindly confirm the reasons for deviance from London Councils code of practice formally in writing.
Evidence of delays incurred by DVLA to change the address on V5C, due to which the NtO was not received, is attached to this email.
Quoting the Code of Practice on Civil Enforcement from London Councils (https://archive.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals/code-practice-civil),
If an owner contacts an authority and says that the Charge Certificate is the first notice received, the authority should consider allowing the owner to make payment of the full PCN charge (without the Charge Certificate increase) or make a challenge. When this is received, the Charge Certificate and preceding NtO should be cancelled. If the challenge is not accepted, the owner’s address should be checked and another NtO served (if within the time allowed) in order to give the owner the opportunity to make representations. If the authority chooses not to allow either of these options, for example, where an owner frequently makes this claim, they should explain the procedure for making a Witness Statement at the next stage of the process.
Thank you for correspondence received in connection with the Penalty Charge Notice (PCN) JK12954865.
We have noted your comments. However, you did not provide us with an address to re-issue the notices and as a gesture of goodwill we reoffered you another opportunity to pay the discounted amount.
London Councils website states and as you have quoted ' the authority should consider' it does not state that we areobligated to do so.
The evidence you provided us had the necessary information redacted and therefore had no bearing on your case.
As it is the registered keepers responsibility to ensure that their details are correct and up to date with the DVLA, the legislation does not permit us to go back to the DVLA for an updated address.
We would like to inform you again that, the discount amount of £65.00 is still payable until 22/07/2024. Failure to make
payment will allow the case to revert back to its original charge of £195.00 and the PCN will continue on its path of
enforcement.
| PCN NUMBER | STATUS | |
| JK10970350 | TEC rejected appeal. TEC informed me that Southwark Council rejected the appeal so the TEC officer reviewed their decision and rejected my appeal. | |
| JK11077172 | 15 AUGUST 2024 - Debt registered with TEC 19-Jun 2024: Southwark Parking provided notice by email that the PCN was not received and the registered keeper no longer lives at the previous address. 02-Jul-2024: Email sent to Southwark parking requesting that the charge certificate be cancelled, new address obtained from DVLA and PCN be sent out. 08-Aug-2024: GDPR request to rectify address was provided to Southwark council but the new address was ignored when debt was registered with TEC. | |
| JK11097817 | 15 AUGUST 2024 - Debt registered with TEC Same as above 20-Sep-2024 (4PM): Deadline to appeal to TEC. | |
| JK09920129 | 15 AUGUST 2024 - Debt registered with TEC Same as above. 20-Sep-2024 (4PM): Deadline to appeal to TEC. | |
| JK12943100 | 13 AUGUST 2024 - Debt registered with TEC Same as above. 18-Sep-2024 (4PM): Deadline to appeal to TEC. | |
| JK12954865 | 13 AUGUST 2024 - Debt registered with TEC Same as above. Valid visitor permit exists: https://drive.google.com/file/d/1a_OQkBRK59cqWLk7GIePcPQX-318X6GS/view?usp=sharing 18-Sep-2024 (4PM): Deadline to appeal to TEC. | |
| JK13079860 | No debt registered with TEC. Council rejected representations. 19-Jun 2024: Southwark Parking provided notice by email that the PCN was not received and the registered keeper no longer lives at the previous address. 15 Jul 2024: Informal representation rejected - https://drive.google.com/file/d/1Li8ycDXk1ZZBVMcVAfu3JGVgdQBXYAWL/ 08-Aug-2024: GDPR request to rectify address was provided to Southwark council but the new address was ignored when debt was registered with TEC. Vehicle had a valid visitor parking permit issued to them (states it was valid for the entire day): https://drive.google.com/file/d/1IL5K6GmdIvQhGU-3bBew1dRZfF3X5BgO/ Receipt downloaded from Southwark Parking website. | |
| JK13201148 https://drive.google.com/file/d/1HvKKP0yk8AT0RILpry0jvmKNqlLyXynN/ | No debt registered with TEC as of 03-Sep-2024. Council rejected representations. Vehicle had a valid visitor parking permit issued to them (states it was valid for the entire day): https://drive.google.com/file/d/1bC7l746CvkxCAuDUE-_MYYgwLyMhSF15/ Receipt downloaded from Southwark Parking website. 19-Jun 2024: Southwark Parking provided notice by email that the PCN was not received and the registered keeper no longer lives at the previous address. 02 Aug 2024: Informal representation rejected - https://drive.google.com/file/d/1ylSZ2j1Q-Nu0RdVOQPXASAMlwn3Pz00U/ 08-Aug-2024: GDPR request to rectify address was provided to Southwark council. | |
| JK13381731 [NEW PCN revealed through SAR - same location] https://drive.google.com/file/d/12KVsf9z3StYlg2_UoB-q7IH4rOB-Pqmu/ Vehicle was parked in the permit parking zone using a valid permit. Council issued PCN stating that the bay was a disabled bay and no Traffic Order was required since the bay is compliant with TSRGD 2016. | No debt registered with TEC as of 03-Sep-2024. Council rejected representations. Vehicle had a valid parking permit to park in the zone. Registered keeper got a copy of the effective traffic order from Southwark parking team and Southwark traffic. Traffic order was used to check permitted locations to park - bay was not shown as disabled bay. 19-Jun 2024: Southwark Parking provided notice by email that the PCN was not received and the registered keeper no longer lives at the previous address. 18 Jun 2024: Informal representation made through website - https://drive.google.com/file/d/1Ea0Kb-zdnwU3mZVOcY9au2JYb_Pa9BOy/ 16 Jul 2024: Informal representation rejected - https://drive.google.com/file/d/14lNS9fn7QnCimYsUUIsqUr6XC4VUzY5I/ 08-Aug-2024: GDPR request to rectify address was provided to Southwark council. | |
| JK13581731 Same as JK13581731 - PCN was just handed over to me by the driver. | No representations made - kindly advice. |
Correct.JK11077172, JK11097817, JK12943100, JK12954865: These are at the pre-debt registration stage. To get these reset you must follow the instructions here (this is not the same as the guide above): https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ (do not contact the council, ignore everything the council says and just follow the guide).
I will check with TEC to see if the debt has been registered. If yes, representations should be made using Form TE9 (parking PCN).
Just wait for the TEC outcome for now.JK10970350: This will require an out-of-time statutory declaration using forms TE9 and TE7, this will require careful drafting and may well necessitate a review before a county court judge. It would be helpful at this stage to know whether you qualify for remission of fees, see the guidance here on this: https://www.gov.uk/get-help-with-court-fees
There is no guide for OOT cases because they require detailed case-specific submissions, unlike the other PCNs above where you can make an in-time submissions, an OOT application is not a tick-box exercise.
TE9 and TE7 were submitted to TEC and an acknowledgement was received: https://drive.google.com/file/d/1rpOTbVpR5mBXg1vD9y2lY63NJ-Nc-VuU/view?usp=sharing
I have used the Ex106 form before and could be eligible for a fee waiver. This is only applicable if we need to seek a review of the TEC administrator's decision by a District Judge, am I right?
For now should I hang tight and wait for TEC outcome?
JK09920129: This is at the pre-debt registration stage. To get this reset you must follow the instructions here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/ (do not contact the council, ignore everything the council says and just follow the guide).
JK11077172, JK11097817, JK12943100, JK12954865: These are at the pre-debt registration stage. To get these reset you must follow the instructions here (this is not the same as the guide above): https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ (do not contact the council, ignore everything the council says and just follow the guide).
JK10970350: This will require an out-of-time statutory declaration using forms TE9 and TE7, this will require careful drafting and may well necessitate a review before a county court judge. It would be helpful at this stage to know whether you qualify for remission of fees, see the guidance here on this: https://www.gov.uk/get-help-with-court-fees
There is no guide for OOT cases because they require detailed case-specific submissions, unlike the other PCNs above where you can make an in-time submissions, an OOT application is not a tick-box exercise.
JK13079860 and JK13201148: There are no documents I can see for these PCNs, how do you know about their existence? In any event the council website suggests you're still in time to make representations. I don't know what the deadline is as I don't know when the notices to owner were issued, but if you think you have an argument I would recommend you make representations immediately on https://pcnevidence.southwarkparking.co.uk/pcnonline/index.php and don't forget to add your new address (explain in the representation that you've moved house) and take a screenshot of the confirmation page once the representation has been submitted. If you don't know when the 28 day deadline is, just make a representation tonight. If you know when the 28 day deadline is and you know as a fact that you have a few days left, then post a draft on here first.
For the one where an OOT application to TEC is needed, please confirm whether you qualify for remission of fees. We will have to help you draft an out-of-time application to TEC.
For JK13079860 and JK13201148, confirm how you know about the PCNS and whether you know when the 28 day deadline is. If it's imminent (within the next 3 / 4 days) just submit representations yourself as best you can. If you have at least a week or more, post a draft representation on here first.