Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: samfish199@gmail.com on September 05, 2023, 10:04:12 am

Title: Re: TFL - Send appeal and never received a reply
Post by: cp8759 on October 03, 2023, 12:55:40 pm
After you received the notice to owner, what did you do?

What you should do next depends entirely on your answer to this question.
Title: Re: TFL - Send appeal and never received a reply
Post by: samfish199@gmail.com on October 03, 2023, 08:42:23 am
@John U.K.

I received the court letter attached.

1) why did it only go down to £160 and not to the original amount of £60.
2) I did reply at the time (within 14 days) that the ticket was not valid coz the sign was turned away. is there still any point to argue about this now or should I just pay and cut my losses?


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Title: Re: TFL - Send appeal and never received a reply
Post by: cp8759 on September 09, 2023, 12:28:04 am
So you made an informal representation on 18 April and never heard back.

On 30 June TFL issued a Notice to Owner, which you were required to either pay or challenge. Did you do either or did you just sit back and assume you could wait for a response to your original challenge?
Title: Re: TFL - Send appeal and never received a reply
Post by: samfish199@gmail.com on September 06, 2023, 12:26:08 pm
Thank you.

I do not have the PCN but I had replied to the actual PCN.

See screenshot attached


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Title: Re: TFL - Send appeal and never received a reply
Post by: John U.K. on September 05, 2023, 02:40:02 pm
@ Incandescent
If you scroll down the pdf, you'll see he's got the Charge Certificate

@ samfish

Your PDF contains the NtO and the Charge Certificate. It's not clear wheteher you replied to the NtO or the original PCN?
If you have the PCN please post it here and a screenshot of the status page.

Assuming you made a response to the PCN or the NtO and received no rejection, then
Do NOT pay the Charge Certificate, but wait for the Order for Recovery, and then either use the usually enclosed form TE9 for a Witness Statement, or download your own from the TEC website. Tick the box for "I submitted reps but did not receive a rejection of those reps".
When filling out the form, the "applicant" is Transport for London, not you.
You can check every 7-10 days by phoning TEC* (not Council) to see if debt has been registered. Once registered, you can submit downloaded form without waiting for Order for Recovery to be delivered.
(*Telephone number here
https://www.find-court-tribunal.service.gov.uk/courts/traffic-enforcement-centre-tec)

See here for more info
https://bailiffadviceonline.co.uk/index-pag...tness-statement
and here
Read this page https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process from the "Charge certificate" paragraph to the end of the page.


@all - I'd like someone to confirm OP needs TE9 and that it's a tick-box exercise - I'm never too sure with the TEC forms  :-\
Title: Re: TFL - Send appeal and never received a reply
Post by: Incandescent on September 05, 2023, 01:11:01 pm
The link to the status history doesn't work. You have received a Notice to Owner, so how did you respond to the original PCN ?

Anyway, the main point to make is to not ignore this Notice to Owner, because if you do, you'll lose all your rights to appeal to the adjudicators if this becomes necessary. You need to submit your representations again.  This situation is commonplace, and should have a warning about it on the original PCN.
Title: TFL - Send appeal and never received a reply
Post by: samfish199@gmail.com on September 05, 2023, 10:04:12 am
Hi,

I received this attached PCN, I replied that the sign was turned away and I also attached some pictures.

They put the case on hold and I never heard back from them. Now escalated to £240.

See status history
https://tfl.gov.uk/modes/driving/pay-pcn-details?pcnId=GF83117833&vrm=AM51EOM&journey=Pay&skippedIssuedPage=true


location
https://goo.gl/maps/U8mhDzufcbgX7dYW8



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