Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: privates on October 05, 2023, 10:54:15 pm
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Where can I get a TE9 signed at a solicitor office as you had advised before? I have tried contacting county courts but I have had no luck on getting through!
@privates you don't need a solicitor for form TE9, that's only required for form PE3 (I know it's confusing).
Form TE9 you can just fill in on your computer, sign by typing your name in the signature box, and email it to tec@justice.gov.uk with the PCN number in the subject line.
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I will wait for the OFR
@privates you know that's a bad idea as your post is extremely unreliable. You need to call the traffic enforcement centre once every 10 days until they tell you the debt is registered, then you need to download form TE9 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf) and go through the usual process (I'm pretty sure we've guided you through this before).
If you just sit back and wait for the OfR, the next update you give us might be that a bailiff has clamped your car.
Where can I get a TE9 signed at a solicitor office as you had advised before? I have tried contacting county courts but I have had no luck on getting through!
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I will wait for the OFR
@privates you know that's a bad idea as your post is extremely unreliable. You need to call the traffic enforcement centre once every 10 days until they tell you the debt is registered, then you need to download form TE9 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf) and go through the usual process (I'm pretty sure we've guided you through this before).
If you just sit back and wait for the OfR, the next update you give us might be that a bailiff has clamped your car.
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The keeper was issued with a PCN which they claim to have not received;
They were then served with a CC;
After some shilly-shallying the keeper appears to have authorised the OP to act on their behalf;
The OP wrote to the authority extra procedurally;
The authority responded to the keeper(with a letter whose date is hidden) saying that 'you are no longer able to formally challenge the PCN'.
OP, this is where the keeper is. They are not inviting anyone to do anything other than pay. If the keeper doesn't wish to pay then they wait for the OfR and check on its progress proactively as detailed earlier.
We haven't seen any video evidence as regards the contravention, but the photos simply show a stationary car without any visible activity.
Is this where the keeper and you are in the process?
IMO, the keeper doesn't have a statutory defence. Your story is that you were asked to bring your car to the club from wherever it was parked in order to assist your employer. These are not statutory grounds of defence.
I have attempted to download CCTV but do not seem to be able to from the website. Camera footage shows my colleague waiting by there vehicle while employees from venue come to there car to take there payment it seems.
I will wait for the OFR
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The keeper was issued with a PCN which they claim to have not received;
They were then served with a CC;
After some shilly-shallying the keeper appears to have authorised the OP to act on their behalf;
The OP wrote to the authority extra procedurally;
The authority responded to the keeper(with a letter whose date is hidden) saying that 'you are no longer able to formally challenge the PCN'.
OP, this is where the keeper is. They are not inviting anyone to do anything other than pay. If the keeper doesn't wish to pay then they wait for the OfR and check on its progress proactively as detailed earlier.
We haven't seen any video evidence as regards the contravention, but the photos simply show a stationary car without any visible activity.
Is this where the keeper and you are in the process?
IMO, the keeper doesn't have a statutory defence. Your story is that you were asked to bring your car to the club from wherever it was parked in order to assist your employer. These are not statutory grounds of defence.
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I've tidied it up a bit.
I believe enforcing this PCN is unjustified due to the the extreme situation I was confronted with at the time, as I outlined in my appeal. I was assisting and dealing with overly-intoxicated individuals coming out of the venue I was working at and had to make sure they were escorted safely to their taxis and other vehicles. You will surely realise that dealing with heavily intoxicated people is extremely difficult which makes me believe enforcing this PCN is unjustified. You have mentioned issues that would have occurred when parked in the bus stop but I was in the vehicle at all times so such situations would have been avoided if I had seen any busses approaching.
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I think you should go back to your original post that outlined what seemed to be a fairly chaotic situation, and in the circumstances, the nicety of where you were parked, was overlooked. Dealing with drunks and intoxicated people can be extremely difficult so enforcing this PCN is unjustified in my opinion. Would they be enforcing it if you were assisting people to escape a fire ? I would hope not.
Dear Sir/Madam,
I believe enforcing this PCN is unjustified to the extremes mentioned in my appeal. I was assisting and dealing with overly-intoxicated individuals coming out of the venue I was working at and had to make sure they were escorted safely to their safety. Dealing with such intoxicated people is extremely difficult which makes me believe enforcing such PCN is unjustified. You have mentioned issues that would have occurred when parked in the bus stop but I was in the vehicle at all times so such situations would have been avoided if I had seen any busses approaching. I believe the nicety of where I was parked is overlooked.
For this I ask that the PCN is cancelled.
Thank you.
I think it needs some extra touch ups, any recommendations on anything else to add?
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I think you should go back to your original post that outlined what seemed to be a fairly chaotic situation, and in the circumstances, the nicety of where you were parked, was overlooked. Dealing with drunks and intoxicated people can be extremely difficult so enforcing this PCN is unjustified in my opinion. Would they be enforcing it if you were assisting people to escape a fire ? I would hope not.
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I was thinking to include a counter reply to this explaining I was in the vehicle at all times and was ready to move the vehicle if I had seen anyone even attempting to go into the bus lane?
Should I put this foward?
I think not. It's a No Stopping restriction, not No Parking. If your view is valid then anybody could stop at a restricted bus stop to have a quick fag or make a phone call etc. The restriction is designed to stop this sort of thing ! So best not put this forward.
Any others grounds I can mention here?
Thanks
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So is there any other grounds of appeal?
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I was thinking to include a counter reply to this explaining I was in the vehicle at all times and was ready to move the vehicle if I had seen anyone even attempting to go into the bus lane?
Should I put this foward?
I think not. It's a No Stopping restriction, not No Parking. If your view is valid then anybody could stop at a restricted bus stop to have a quick fag or make a phone call etc. The restriction is designed to stop this sort of thing ! So best not put this forward.
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I was thinking to include a counter reply to this explaining I was in the vehicle at all times and was ready to move the vehicle if I had seen anyone even attempting to go into the bus lane?
Should I put this foward?
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I was thinking to include a counter reply to this explaining I was in the vehicle at all times and was ready to move the vehicle if I had seen anyone even attempting to go into the bus lane?
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@privates you need to check the amount due on the council website at least once a week until it goes up to £204. Once that happens, the registered keeper must deal with the Order for Recovery (don't wait for the Order for Recovery to come in the post, just get the form sent off to TEC as I explained on page 1 of this thread).
https://ibb.co/TPhsHJZ
I have received the above reply for this PCN
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@privates you need to check the amount due on the council website at least once a week until it goes up to £204. Once that happens, the registered keeper must deal with the Order for Recovery (don't wait for the Order for Recovery to come in the post, just get the form sent off to TEC as I explained on page 1 of this thread).
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The Order for Recovery has to be dealt with by the registered keeper. Wait for that.
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The registered keeper send it, copy to you.
I have done this today, do I await a response from Lambeth or appeal it straight away?
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The registered keeper send it, copy to you.
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Just an e mail will suffice.
environment@lambeth.gov.uk
So I email this email the above and wait for a reply or do I appeal as soon as authorisation is sent to that email
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Just an e mail will suffice.
environment@lambeth.gov.uk
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The former. Representations at this stage.
Shall I have a letter of authorisation typed out?
I __Name of registered keeper__ authorise _driver at time_ to appeal this on their behalf.
Signed
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Shall I have them sign an authorisation or can I state that they have authorised me in the appeal?
As above, you need a letter of authority to make representations.
It's only an appeal at the tribunal stage.
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The former. Representations at this stage.
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It needs tidying up. The registered keeper can authorise you to make the representations.
Shall I have them sign an authorisation or can I state that they have authorised me in the appeal?
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I was driving the vehicle at the time, I was going to appeal the PCN. Shall they appeal on my behalf or do I have them authorise me to appeal the PCN?
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..but it's never your PCN, it's always theirs.
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It needs tidying up. The registered keeper can authorise you to make the representations.
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In your other thread this vehicle was a family member's.
Who is the registered keeper?
Only they may engage with the enforcement procedure.
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Hi,
I haven't, is it suitable to send through?
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Did you send your challenge as per post reply#5?
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Is there any grounds of appeal for the PCN?
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CCTV can be used to enforce restricted bus stops, which is what your PCN was issued for, (stopping in a restricted bus stop)
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This PCN is now at its first stage again. Is there anything else I should add to the draft below? Are CCTV allowed to give such PCNs under Lambeth Council?
Draft :
To whom it may concern,
I challenge this PCN on the basis of assist boarding people incapable of boarding safely. On this day I was at work at the venue outside of the location above. I am a security guard and I was asked to safely board the customers seen in the CCTV evidence due to them being intoxicated and unable to reliably board there vehicle. This also included me dropping one customer to there house safely in my own vehicle. You can also see from the video that they forgot to pay the bill and had to do so in the vehicle as one of the staff leave the venue to take payment. My job as a security is to make sure everyone leaves the venue safely and can safely go home. Due to these circumstances I had to park as close as possible to the venue in a safely manner which I did so behind one of the customers vehicles.
I ask this PCN is cancelled under the assist boarding exception due to these circumstances.
Thank you.
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@privates as John says, you need to be proactive: it's up to you to keep chasing updates, you cannot rely on the post.
You of all people should know this, given how many problems you've had in the past about notices going missing.
Rather than phone TEC, the quickest way to check is on https://pcnevidence.lambeth.gov.uk/pcnonline/index.php as the amount due will jump up to £204 when the debt is registered, at that point you can file a witness statement with TEC. You can download the form from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf and you don't need to print it, just fill it in on your computer and email it to tec@justice.gov.uk (they accept typed signatures).
Check the amount on the council website at least once a week.
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This is not a PCN, but a Charge Certificate. It means you have missed the PCN. It should be possible to get the process reset by waiting for the Order for Recovery. However, as one piece of post has already gone astray (do you have problems with the post?), you need to be pro-active, ringing TEC every week to see if Lambethg have registered the debt. Once that has been done, you can download the appropriate forms and send them to TEC. As long as you are in time, it is a tick-box exercise. N.B. if yoiu send in the forms before the debt is registered, TEC will return them. Others will confirm if I have the process right, and tell you the details of the necessary form.
(https://i.ibb.co/G72T4qc/LAMBETHHARGE2.jpg) (https://ibb.co/qBs53vk)
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https://ibb.co/GRYD0QJ
https://ibb.co/qBs53vk
Done
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You know the drill by now, we need to see the PCN (all sides of all pages), and we need the PCN number and number plate as well do don' redact those please.
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Hi,
This ones a bit of a different PCN hopefully it'll be appealable.
On the day of this PCN I was on job at a club (forgot the name) doing security.
There was some 'known people' there reason being it was opened even later then usual. They had ended up very drunk and we were looking after them. There was also threats that there was people outside attempting to steal from them as they had high value watches on. For these reasons we (the security) had to help them get to the car and home safe as one couldn't even walk. They had one car and we assisted the others with no car to get to a safe place.
In the video of the CCTV provided you can clearly see me waiting inside the car and workers and security are back and forth from the club with one security on lookout outside the car they're getting into.. I'm sat in the car waiting for the people to be boarded and the security guards are seen in the video coming to and from the club with one on guard.
Would this fall under the assist boarding and if not will there be any other grounds of appeals?
Images are as follows -
https://ibb.co/4FGrRjF
https://ibb.co/4t0K1qp
https://ibb.co/S0nrp7W
https://ibb.co/86hy1JB
Appreciate all help