Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kaigb20 on October 03, 2023, 09:53:14 am
-
On Pepipoo you posted: I challenged the PCN, received a Notice of Rejection of Challenge, waited for the Notice to Owner which I didn't receive,
Hence why the advice was that you could revert the process. I suggest you amend that thread so that advice will align i.e. you have no procedural recourse if you received a NTO to which you did not respond within the period allowed AND the CC was served after that period had expired.
As regards 'Can this forum be used as evidence in court?' this implies that you would be prepared to make a false statement of truth in a witness statement. On your own head be it and you should not expect support for such action from any reputable forum.
-
Can this forum be used as evidence in court?
Yes.
-
Can this forum be used as evidence in court?
-
If you received the notice to owner and simply missed the deadline because you were waiting for an invoice from the garage, then no there is nothing you can do apart from paying.
You can't say you didn't receive the notice to owner if you did, as lying about this would be a criminal offence and a contempt of court, and it could land you in prison. The maximum sentence for this is 2 years imprisonment.
-
Yes, they are correct. As you didn't receive the Notice to Owner you can submit a Witness Statement once the council register the debt at TEC. They will then send out an Order for Recovery. From now on, you must be proactive, and from the end of the period for payment of the CC, ring-up TEC about every 7-10 days quoting the PCN Number to find out if it's registered or not. You don't need the paper OfR in your hand in order to submit your WS. You can download the form from TEC. (Traffic Enforcement Centre).
TEC will revert the matter to the NtO stage at which point you can submit reps or pay. Note that if you submit the WS before the debt is registered, it will be rejected.
-
Hi all, please can I have some advice on the options I have now other than pay the £110? I challenged the PCN, received a Notice of Rejection of Challenge, waited for the Notice to Owner but missed the deadline as I was waiting for the mechanic to send me a copy of the invoice, received the Charge Certificate, I sent a letter, received a response last week stating as the Charge Certificate had been sent I need to pay £110. Images of PCN and correspondence here https://flic.kr/ps/4392s5
I've had 2 people advise in other forums that it can revert back to the NtO stage and to not pay the £110. Is that correct? Is that for certain or only a possibility?