Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Barbicangal on March 02, 2025, 08:06:39 pm
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Are the name and address on the charge certificate correct and are there any post problems.
In any case you don't want the order for recovery going missing which is why we recommend checking in with the Traffic Enforcement Centre at intervals to check if the debt has been registered.
Ok, will do, thank you.
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This is why they call me the father of medicine! A simple request: please sign my petition and pass on before you go to bed tonight. 8)
haha! Yes, perfect name for you! Petition Signed, sealed and delivered
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Are the name and address on the charge certificate correct and are there any post problems.
In any case you don't want the order for recovery going missing which is why we recommend checking in with the Traffic Enforcement Centre at intervals to check if the debt has been registered.
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This is why they call me the father of medicine! A simple request: please sign my petition and pass on before you go to bed tonight. 8)
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The amount can only now increase by £10, which is the fee for registering the debt at the Traffic Enforcement Centre, (TEC) at Northampton. When CoL does this, they must send you an Order for Recovery, and also include the form to submit a Statutory Declaration to TEC that you never received the original PCN. You fill in the form (PE3), get it witnessed, (free at councty court, or circa £10 at a solicitors), and send it off. It's best to send it off electronically if you can.
TEC will order the CC and OfR to be cancelled, and you return to the PCN stage, at which point you can pay or appeal.
+1. You need to make an appointment with the court and sign in front of the court witness. As Incandescent says, copy it and send to the TEC via e mail. When this part of the process gets resolved, I am happy to represent you.I have had success with this authority and at this location.
Thank you SO MUCH, Hippocrates! You have made my day. I haven't slept well since getting Charge Certificate but will sleep well tonight, thanks to you :)
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The amount can only now increase by £10, which is the fee for registering the debt at the Traffic Enforcement Centre, (TEC) at Northampton. When CoL does this, they must send you an Order for Recovery, and also include the form to submit a Statutory Declaration to TEC that you never received the original PCN. You fill in the form (PE3), get it witnessed, (free at councty court, or circa £10 at a solicitors), and send it off. It's best to send it off electronically if you can.
TEC will order the CC and OfR to be cancelled, and you return to the PCN stage, at which point you can pay or appeal.
+1. You need to make an appointment with the court and sign in front of the court witness. As Incandescent says, copy it and send to the TEC via e mail. When this part of the process gets resolved, I am happy to represent you.I have had success with this authority and at this location. Looking forward to the PCN because of this:
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 224005811A
Appellant Gaurav Aidasani
Authority City of London
VRM LD09OXU
PCN Details
PCN CL01575696
Contravention date 28 Dec 2023
Contravention time 18:46:00
Contravention location Cornhill
Penalty amount GBP 130.00
Contravention Fail comply prohibition on certain types vehicle
Referral date
Decision Date 16 Apr 2024
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
Mr Morgan, for the appellant, appeared before me today at Chancery Exchange.
The council did not attend the hearing.
I reserved my decision.
The contravention alleged in these proceedings is that this vehicle at Cornhill failed to comply with a prohibition on certain types of vehicle (code 52).
On the council's evidence of signage this route is restricted to
buses and cycles 7am-7pm Mondays to Fridays.
The PCN was not, however, issued for the alleged contravention of using a route restricted to buses and cycles.
A prohibition on motor vehicles must be signed with a No Entry to motor vehicles sign. That is not the position here.
I acknowledge the council's submissions on the point but I am not satisfied that a code 52 PCN can be used for what I find to be a code 33 contravention. The signage for the restriction must correspond with the alleged contravention on the PCN.
I am not satisfied for this reason that the contravention as alleged by the council occurred.
I make no finding in respect of any other issue raised by either party to the proceedings but for the reason given the appeal is allowed.
*******
I used this case too:
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2230425189
Appellant Mateusz Wojcik
Authority City of London
VRM EU22LYV
PCN Details
PCN CL01220941
Contravention date 11 Aug 2023
Contravention time 08:07:00
Contravention location Cornhill
Penalty amount GBP 130.00
Contravention Fail comply prohibition on certain types vehicle
Referral date
Decision Date 26 Oct 2023
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner and refund the penalty charge paid.
Reasons
Mr Wojcik has attended the hearing today in person.
This PCN was issued for the alleged contravention of failing to comply with a prohibition on motor vehicles in Cornhill.
The signage in the library images submitted by City of London is for a route restricted to buses and cycles between the hours of 7am and 7pm Mondays to Fridays. This PCN was not, however, issued for the alleged contravention of using a route restricted to buses and cycles. A prohibition on motor vehicles must be signed with a No Entry to motor vehicles sign. The bus and cycle route signs in the City of London's library images are not No Entry to motor vehicle signs. I do not accept that a code 52 PCN can be used for what is clearly a code 33 contravention. The signage for the restriction must correspond with the alleged contravention on the PCN.
I find for this reason that the alleged contravention did not occur.
Also, there may well be an issue with their PCN and one other. Meanwhile, relax and follow the advice here.
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For convenience:
(https://i.imgur.com/AyVTRhL.jpeg)
Thanks, John U.K. :)
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For convenience:
(https://i.imgur.com/AyVTRhL.jpeg)
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Please have a read of the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) sticky post at the top of the forum.
Please post up the Charge Cert, just redact your name & address and please leave the vehicle reg and PCN number visible.
This concerns a contravention of the Bank Junction scheme. There is one contravention for exiting Cornhill onto Bank. There is a separate contravention for entering Cornhill from the Leadenhall / Gracechurch / Bishopsgate junction. There have been some recent changes to the scheme so your case will require further investigation and for that we will need the video.
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The amount can only now increase by £10, which is the fee for registering the debt at the Traffic Enforcement Centre, (TEC) at Northampton. When CoL does this, they must send you an Order for Recovery, and also include the form to submit a Statutory Declaration to TEC that you never received the original PCN. You fill in the form (PE3), get it witnessed, (free at councty court, or circa £10 at a solicitors), and send it off. It's best to send it off electronically if you can.
TEC will order the CC and OfR to be cancelled, and you return to the PCN stage, at which point you can pay or appeal.
Thank you, I will do just that. If today was a Monday, I would have rung the CoL instead of finding this wonderful forum :) I'm so glad I did
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There is a standard procedure guide for this, see here. (https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/) Wait for the next stage which is the Order for Recovery (of unpaid penalty charge). This will add the £10 court fee to the charge. You can then submit the Statutory Declaration which will be attached to the OfR notice. The Traffic Enforcement Centre at Northampton County Court will issue an order revoking the OfR and cancelling the Charge Cert. The City will then have to re-serve the PCN in order to continue to enforce.
Thank you, that's a huge relief.
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The amount can only now increase by £10, which is the fee for registering the debt at the Traffic Enforcement Centre, (TEC) at Northampton. When CoL does this, they must send you an Order for Recovery, and also include the form to submit a Statutory Declaration to TEC that you never received the original PCN. You fill in the form (PE3), get it witnessed, (free at councty court, or circa £10 at a solicitors), and send it off. It's best to send it off electronically if you can.
TEC will order the CC and OfR to be cancelled, and you return to the PCN stage, at which point you can pay or appeal.
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There is a standard procedure guide for this, see here. (https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/) Wait for the next stage which is the Order for Recovery (of unpaid penalty charge). This will add the £10 court fee to the charge. You can then submit the Statutory Declaration which will be attached to the OfR notice. The Traffic Enforcement Centre at Northampton County Court will issue an order revoking the OfR and cancelling the Charge Cert. The City will then have to re-serve the PCN in order to continue to enforce.
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@cp8759
I received a Charge Certificate yesterday (March 1, 2025). It was dated February 28, 2025. I don't dispute that I did this as it was very dark and I didn't see the sign but there is one as you enter from one side, so I'm assuming there was a sign where I entered.
My issue is the fact I NEVER received the PCN! On my life, I never received this PCN.
Whenever I've had a ticket (only had about 5 in 30 years of driving), I've paid it straight away, I've never seen a Charge Certificate until now. I actually thought it was a PCN just without photos which was strange.
Front page: https://imgur.com/a/XeIcmqH
Back page: https://imgur.com/a/TbvyK6B
Google Street View link: https://www.instantstreetview.com/@51.513441,-0.084237,243.07h,-6.53p,1z,I45sMi_oDwG3zmJGhLAyhQ
Is it worth writing and asking for the PCN now and seeing if they would reduce the amount back to £130 from £195 or shall I just assume that they can just say they posted the PCN and it got lost in the post. In the meantime, they will keep increasing the amount?
Thank you for reading this.