Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Nazma Yaqoob on October 18, 2023, 04:42:19 pm
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Can you please answer the questions asked by Enceladus
Are you saying that the PCN arrived in the same envelope as the Order for Recovery?
Is it addressed to you at your address?
Do you hold the V5c registration document for the vehicle? In your name at your address?
Or is this a lease car or a company car?
What is the docref date on the V5c, if you have it?
We need answers, although I think you've answered the one about the PCN arrival, (it came in the same envelope as the Order for Recovery, correct ?)
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They sent along in order for recovery yes.
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I've got a question. You've shown a PCN. How is that?
(I already know the answer; I just need you to confirm it)
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Also I was not driving should this have come I would have appealed on that basis.
Who was driving is irrelevant, the legislation makes the owner responsible for all PCNs. The owner is assumed to be the keeper as per the V5C for the vehicle, unless the PCN recipient can prove otherwise.
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It's only necessary to redact your name and address where present. Please leave everything else visible, especially the PCN number, vehicle reg, dates, times & locations. As per the instructions in the sticky at the top of this forum. So please correct and repost the docs.
Are you saying that the PCN arrived in the same envelope as the Order for Recovery?
Is it addressed to you at your address?
Do you hold the V5c registration document for the vehicle? In your name at your address?
Or is this a lease car or a company car?
What is the docref date on the V5c, if you have it?
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Forget about the penalty charge for now, you need to deal with the Order for Recovery. The first thing you must do is will in form PE3 by ticking the box to say you didn't get the original PCN, but do not sign the form.
You will need to make an appointment at your local county court or magistrates' court to sign the form in front of either a court officer or a justice of the peace. Once they've watched you sign the form, they will sign and stamp it, you can then scan or photograph it an email it to tec@justice.gov.uk
This will result in the order for recovery, the charge certificate and the original pcn being cancelled. The council will then reset the PCN to the initial stage and you can then make representations in the normal way.
If for whatever reason you can't get the PE3 form sworn in court over the next few days, then as an alternative you can go to any high street solicitor, they normally charge around £10 to do this.
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I have had an order for recovery last week with an attached PCN and a statutory dec.they have added in a PE3 form
I feel there perhaps be some technical faults that can be looked at this but as I am not an expert was looking for some help here.
one I did not receive in post the dated PCN
I have seen there is no date on the order for recovery and I am asked to follow stamp date on envelope which there is neither no date.
however there is no appeal option now as not received initial however letter comes with order for recovery. Also I was not driving should this have come I would have appealed on that basis.
below attached is what's been sent.
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