Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: iispartan on January 17, 2025, 09:04:02 pm
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I’m a bit confused, I logged in to the TfL portal to see what it says, and it’s now saying £160 due, which is the full priced PCN.
I’m not saying the contravention did not occur, I don’t think I can argue that. But what I can argue is that I did not receive their response and therefore should be given the chance to pay the discounted price, but I know losing at the tribunal would mean I’d have to pay the £160 anyways… so what can I argue?
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All TEC do is cancel the Order for Recovery, and the registration of the debt at their office, and cancel the Charge Certificate; the original PCN is not cancelled.
As you submitted representations to TfL, (but didn't get a reply), this will be included in their evidence pack. However, you have essentially been invited to add anything more that is not in those reps but which also support your case. So can you think of anything else to add to your original reps ?
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I received a letter through the post from TfL, which appears to me that they will be proceeding with its enforcement and taking me to London Tribunal.
The envelope included an evidence pack with about 50 pages on the case. All this despite the County Court ordering TfL to revoke the Charge Certificate.
One thing I wanted to note, is that under the ticket history TfL provide in the evidence pack, they say that they emailed me with a response to my challenge on 5th Feb… I’ve looked through my emails and can find no email from TfL on this. The whole reason I’m in this position is because I didn’t receive a notice of rejection to my original appeal, otherwise I would have paid the discount amount.
How do I proceed from here?
Link here (including TfL ticket history and County Court order) https://imgur.com/a/RuZa7rt
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I haven’t called yet, I tried to pay through TfL website
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See link https://imgur.com/a/F76WnI8
(https://i.imgur.com/VePlIzX.jpeg)
And have you contacted TfL as per the Order?
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See link https://imgur.com/a/F76WnI8
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PLease post up the order (redact yr name & address).
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Have received a letter from County Court revoking the Order for Recovery and cancelling the Charge Certificate.
When I try log in to TfL portal to pay, it still says outstanding amount of £250. How do I pay the initial fee?
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Just to update the group, have sent the from (signed and witnessed) last week. Got email from TEC confirming receipt. How long will I can hear back?
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Hi,
I have been checking with TEC and the debt was registered on Friday 11th April. However before I could send out the form I had received the Order for Recover through the post with the PE3 form attached. Based on advice on the link posted previously, I should sign the one that was posted to me.
With regard to getting it sworn, I will reach out to County Court to get it signed and then will scan (take a picture) and send it to the TEC mailbox.
What are the steps after this?
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There is no impact on credit scores and no possibility whatsoever of a CCJ. The process was written to make sure this side of civil law was cut out.
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Thanks, when will the CC expire? According to the website, it was issued on the 12th March. When should I start calling TEC to see if debt registered?
Would this also impact my credit score? I’m in the process of getting a mortgage so slightly worried of this having an impact.
Thanks
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See also
https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/
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Next stage if you don't pay the CC is TfL register the debt at the Traffic Enforcement Centre, and send you an Order for Recovery. They will also include the form to submit a Statutory Declaration to TEC.
So don't pay the CC, but wait for the OfR. As you seem to have missed receiving the rejection letter, it will be best, after the CC payment has expired, to contact TEC every 7-10 days to see if the debt has been registered. You can then submit an SD using the form you can download from the TEC website. Alternatively, you can look on the TfL website to see when they have registered the debt. Tick the box on the form for "submitted reps but didn't receive a letter of rejection" No need to put anything in the 'reasons' box.
On the actual form, remember that TfL are the Applicant, not you; you are the Respondent.
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Hi all, need some help. I logged on to TFL to check status as I haven’t heard anything from my appeal and to my surprise it appears that a CC has been issued.
I’ve not received any correspondence to inform me my appeal was rejected. No letter or email. My RK details are up to date so wouldn’t have been sent to another address. Please can someone advise as outstanding amount has gone to £240! Attached is what I see on website
[attachment deleted by admin]
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Okay thanks, given no one else has commented I’ll appeal just to extend the deadline and see if in the meantime anyone else has any thoughts
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This earlier GSV view shows the signal heads uncovered.
https://maps.app.goo.gl/8ujuushgQUt3Mqhy9
You can see that there is not just the Arrow on Blue Sign, but the green phase shows a green ahead arrow rather than just a green display. Of course it's a nice little earner for them, but at the moment I see no credible reps against the contravention itself.
However, this doesn't mean game-over until we've explored whether a "technical" appeal possibly exists. These can, and do, win despite the contravention being made out. This is because Transport for London, (and also councils), just like you, have to obey the law when enforcing using civil powers granted by Parliament. Of course, there may not be such an appeal, but advice is to wait a bit to see what others may say. Don't miss the payment/appeal deadline on the PCN by waiting and waiting !!
This is a TfL PCN so there may well be a technical appeal if previous experience is a guide. Only caveat is that you may well have to take them to London Tribunals for a win.
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Hi all,
I got this through the post today from TfL on contravention code 32d failing to drive in the direction shown by the arrow on blue sign (proceeding in the wrong direction). This was in Camden Parkway and I’ve seen a few cars make this turn but clearly there’s a camera now.
Is there a potential argument to make here (either technical) or on the grounds that signage is not clear? Next steps to request the footage?
Link to the GSV here https://maps.app.goo.gl/YuUzYKFoZDiavN32A
Link to the PCN and the screenshot of GSV where red arrow marks where I’ve turned.
https://imgur.com/a/eUfuLkW
Appreciate the help