got the form, filled as per guide, but for issue of witness, oath court officer, is an issue, people saying to get it done by any nearby solicitor with some fees, will this work or not?As I've tried to explain in the guide, you can either do this at a local court free of charge, or for around £10 / £15 most high street solicitors will do it for you. It will work, it doesn't matter if it's a solicitor or a court officer, either is fine.
Please look at the guide here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/got the form, filled as per guide, but for issue of witness, oath court officer, is an issue, people saying to get it done by any nearby solicitor with some fees, will this work or not?
Start reading from the paragraph that says "As soon as the debt has been registered, use form PE3..." and follow the instructions from there.
Unfortunately for now you'll just have to keep calling TEC once every couple of weeks.
Unfortunately for now you'll just have to keep calling TEC once every couple of weeks.
Personal comments should be left for PMs or preferably not at all.Your post appears to be in breach of House Rule 3 (https://www.ftla.uk/announcements/house-rules/), and advice given that if made by a lawyer would be negligent amounts to a prima-facie breach of house rule 3 and these will be called out. Further comments on this point will be removed as this aspect of the discussion is closed.
I called TEC they say they have no record of register with them, they say to wait for a few days and keep calling them to check in when it's registered with them, then look for some 3rd letter for recovery etc. then I can appeal to them on that instance.
So what do now ?
No havent received any charge certificateYes you have, you put it in post 34 above.
TEC won't know anything about the charge certificate, you just need to ask them if the PCN has been registered with them.
No havent received any charge certificateYes you have, you put it in post 34 above.
OK let us know when they reply.
@mairajbhaii just force their hand by submitting a subject access request: https://www.hillingdon.gov.uk/article/2479/Subject-access-request-form
All you need to do is submit a SAR asking for the notice of rejection for this PCN, you don't need to provide any reasons for why you want it.
There's no point in going there in person, the people who deal with PCNs are probably in some back office miles away from the main council offices. Even if you find the right office, I don't think there's any chance they'll come and speak to you face to face.
@mairajbhaii while the advice from John and Incandescent is not wrong, you don't want to bother with the TEC process if you can possibly avoid it, that should really only be used as a last resort.
In the first instance please contact the council as a matter of urgency and try and get the following information about of them, in order of priority:
1) Has a notice of rejection been issued?
2) If yes, what is the verification code on the notice of rejection?
3) Can they email you a copy of the notice of rejection?
As long as you get a positive answer to at least one of these, you can appeal directly to the tribunal without having to faff about with getting a statutory declaration sworn. If they refuse to answer you might need to force their hand by making a formal subject access request, but in the first instance I would call up and ask as most councils will provide these answer over the phone.
Video:
https://www.youtube.com/watch?v=mKJUgqD-FFA
The contravention is made out, here's a draft that's much more to the point:Dear London Borough of Hillingdon,
I challenge liability on the ground that the penalty fails to unambiguously state the matters that must be stated on the notice, specifically the notice fails to convey the effect of paragraph 5 of Schedule 1 to the London Local Authorities and Transport for London Act 2003 as it provides at best information that is ambiguous. This is because there is no unequivocal indication of whether the penalty may increase to £195 after 28 days from the date of the notice, or 28 days from the date of service of the notice.
Yours faithfully,
Send this online rather than by post, just make sure to upload the letter of authority when you are asked if you have any documents to upload.
Make sure to take a timed / dated screenshot of the confirmation page.
So reply by sending them the letter.Did you send the letter of authority from the Director of the company together with the representation?
No, not with representation earlier, i got the letter later on from the director
Did you send the letter of authority from the Director of the company together with the representation?
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.
@cp8759
Submitting this as below:
The PCN served does not show video evidence on the council's website, and the alleged contravention did not occur.
Also the PCN wrongly states which action triggers the period in which the council
may serve a charge certificate: “If the Penalty Charge is not paid before the end
of the period of 28 days beginning with the date of service of this notice an
increased charge of £195.00 maybe payable. We may then send you a Charge
Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge
to which it relates is not paid before the end of the relevant period, the
enforcing authority may serve on that person a statement (in this paragraph
referred to as a “charge certificate”) to the effect that the penalty charge in
question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28
days beginning—
(a)where no representations are made under paragraph 1 above, with the date
on which the penalty charge notice is served;
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.
@cp8759
Submitting this as below:
The PCN served does not show video evidence on the council's website, and the alleged contravention did not occur.
Also the PCN wrongly states which action triggers the period in which the council
may serve a charge certificate: “If the Penalty Charge is not paid before the end
of the period of 28 days beginning with the date of service of this notice an
increased charge of £195.00 maybe payable. We may then send you a Charge
Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge
to which it relates is not paid before the end of the relevant period, the
enforcing authority may serve on that person a statement (in this paragraph
referred to as a “charge certificate”) to the effect that the penalty charge in
question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28
days beginning—
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.
Its only this 1 pageAre you saying the back of that is blank?
Please post up the remaining pages of the PCN.
On the contravention there's nothing we can do til we see the video so focus on getting it.
There may be issues with Hillingdon's process and another member may know more.
First. the PCN is invalid re the increase. Not before the end of 28 days of the PCN date. They can only serve a C.C. after 28 days from the date of service. This is yet another council with the wrong date, Haringey and Hounslow being the others. Must be an alphabetical problem.
Second, back later with a draft.. @Hippocrates
@cp8759 re the PCN.
On the contravention there's nothing we can do til we see the video so focus on getting it.
There may be issues with Hillingdon's process and another member may know more.