Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kazza13 on May 21, 2025, 07:16:45 am
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Following on from Enceladus:
Last year whilst in a hire car I got a PCN
So on the face of it the hirer isn't liable for anything, the registered keeper is i.e. the vehicle-hire firm.
OP, we need a timeline of events and notices, whether you or someone else were the hirer AND on what grounds a witness statement was submitted to TEC, these being:
You did not receive the postal Penalty Charge Notice or Notice to Owner in question; or
You made representations about the Penalty Charge Notice to the enforcement authority concerned but did not receive a Notice of Rejection from that authority; or
You appealed to the adjudicator against the rejection by the enforcement authority of your representations but had no response to the appeal; or
You had paid the penalty charge in full.
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You did not submit a late appeal to the Traffic Enforcement Centre (TEC). What you did was submit either a Witness Statement, or a Statutory Declaration. Which one depends on what Act of Parliament the original PCN was served for. If they accept your submission, the debt at TEC is cancelled, but the PCN remains outstanding. Please tell us more and post all documents with name and address redacted only. The hire company would have received a Notice to Owner if the PCN was unpaid, as the owner of the car is responsible for PCN payment or appeals. What address did you provide to them, and did you move house shortly afterwards ?
Your case might be better handled by : -
www.bailiffsdviceonline.co.uk
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Do you mean that you filed (submitted) a Witness Statement and an Out of time application to the Traffic Enforcement Centre at Northampton County Court? Perhaps towards the end of last year? When?
If so which ground (option) did you tick on the Witness Statement?
Do you have the TEC's revoking order mentioned in the letter? If so, please post it up.
I would expect that the revoking order revokes the Order for Recovery and cancels the Charge Certificate. The underlying PCN could still be enforced by serving you with a new Notice to Owner.
If the TEC have revoked the Order for Recovery then the Council should arrange to refund all of the money paid as any bailiff enforcement would be null and void. The Council would have been informed electronically when the Witness Statement had been filed and again when it was accepted and the order issued.
You could also seek help from Bailiff Advice Online (https://bailiffadviceonline.co.uk/). There maybe a small fee.
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Last year whilst in a hire car I got a PCN at Bury Council at their Leisure Centre Carpark. I didn't get any letters or a yellow envelope until it was at £100. Due to hubby being out of work I was under the impression I had successfully set up a payment plan via a debt charity. Then baliffs turned up. I managed to put account on hold whilst I submitted a late appeal via traffic enforcement. I got sent another form. I didnt hear a thing then in nov 24 baliffs turned up and to clamp car and waited for me to step out. Car essential for hubbys new job so mum paid the £400. Just got letter ssying the PCN got revoked in January 2025. Bury council say they are unaware. I have lodged a complaint about the way it has all been handled if pcn been revoked do I get a refund?
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