Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: crystal88 on October 06, 2025, 11:44:19 am

Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: H C Andersen on October 15, 2025, 10:57:15 am
You seem to keep asking the same questions but in a different form and order.

Here is the enforcement process:
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process

You have 21 days beginning on the date of service of the OfR to submit an in-time SD.

When it's time to do this then if your move is imminent use your new address. Have you notified the authority? These are not state secrets cloaked in mystery, they are simple, published and transparent procedures which I would estimate are used '00s of times every week.

Your situation is not unique.

I know moving can be stressful, I'm in the throes myself. But just focus on process.

Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: crystal88 on October 15, 2025, 10:08:20 am
The procedure if you didn't get a notice of rejection is to wait for the order for recovery and make a statutory declaration (free at a county court) that you didn't get it.


Hi stamfordman and Incandescent,

Can we print off and get the Statutory declaration done before the PCN gets registered with TEC? and if not, how long after it gets registered should we get the stat dec form filled and emailed to TEC?

Thanks for your advice!
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: Incandescent on October 07, 2025, 04:57:23 pm
Thanks for all your replies.

So should I be putting a reason on the PE3 form or just tick the "made representation but did not receive a notice of rejection" box and leave the reason box blank?

And should I be putting my current registered address on the form, or the new one I will be living in when I receive the form?

Thank you for your advice!
No reason is needed for an in-time Statutory Declaration, but I'm not sure about the address question.
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: crystal88 on October 07, 2025, 11:53:44 am
Thanks for all your replies.

So should I be putting a reason on the PE3 form or just tick the "made representation but did not receive a notice of rejection" box and leave the reason box blank?

And should I be putting my current registered address on the form, or the new one I will be living in when I receive the form?

Thank you for your advice!
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: H C Andersen on October 06, 2025, 10:50:36 pm
but do you know if we can change the address with DVLA etc so future correspondence with this issue goes to the new address?

Yes, you can change your DVLA RK and licence details at any time, and no this of itself won't change anything as regards progression of enforcement documents.

The authority must by law use the DVLA details at the date of contravention unless advised to the contrary by the registered keeper and person to whom the PCN was addressed. You may write to them now if you know the date on which your address will change i.e. pl note that wef *** the address for service of documents related to PCN **** will be ******.
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: stamfordman on October 06, 2025, 07:23:17 pm
You don't need to have the physical order for recovery just for TEC to tell you it's been registered.

On the form you can put your new address if you've moved.

But wise to have mail redirection in place.

(https://i.ibb.co/39GhHmXk/PE3-2.jpg)
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: crystal88 on October 06, 2025, 07:02:20 pm
Forget the 56 days - it doesn't have any bearing here.

Wait for and monitor the issue of order for recovery.

Are the name and address on the PCN correct?

Thanks for clarifying. The name and address is correct, but we are about to move house in a few weeks time. We have organised mail redirection with Royal Mail already - but do you know if we can change the address with DVLA etc so future correspondence with this issue goes to the new address?
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: Incandescent on October 06, 2025, 06:39:02 pm
56 days applies to formal representations against a Notice to Owner under the Traffic Management Act 2004.  Your PCN was issued under the London-specific London Local Authorities & Transport for London Act 2003, which has no limits, other than one of fairness. In the latter case, London Tribunals usually apply a 3 months limit for a reply, after which it is regarded as unfair and an abuse of process under the grounds of "the penalty exceeded the relevant amount in the circumstances of the case"
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: stamfordman on October 06, 2025, 06:25:25 pm
Forget the 56 days - it doesn't have any bearing here.

Wait for and monitor the issue of order for recovery.

Are the name and address on the PCN correct?

Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: crystal88 on October 06, 2025, 06:23:13 pm
Thanks for your reply stamfordman.

So does the "no response within 56 days means the PCN appeal has been accepted and PCN cancelled" not apply to my case? Should I have contacted the council after the 56 days had passed but before we received the Charge Certificate? Is there any point in trying to ask the council to cancel the PCN based on no response within 56 days?

Thank you
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: stamfordman on October 06, 2025, 05:22:03 pm
The procedure if you didn't get a notice of rejection is to wait for the order for recovery and make a statutory declaration (free at a county court) that you didn't get it.

Islington must then refer the case to the tribunal.

See:

https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: crystal88 on October 06, 2025, 12:44:24 pm
Sorry I've made the links public now
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: H C Andersen on October 06, 2025, 12:21:21 pm
My question is - what should I do now?

Make your links public, pl.

At present we don't know the contravention therefore which legislation applies. 56 days applies for parking contraventions only.
Title: Re: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: stamfordman on October 06, 2025, 11:53:49 am
What is the PCN for.

It sounds like you didn't a rejection but we need to see the PCN - put it on https://imgbb.com

Title: Islington Council, no response to formal appeal over 56 days and now received CHARGE CERTIFICATE
Post by: crystal88 on October 06, 2025, 11:44:19 am
Hello,

We received a Penalty Charge Notice dated 22/07/2025 for an offence on 20/07/2025 (see attached). I submitted a formal appeal through the Islington parking online portal on 30/07/2025 and got the automated acknowledgement of receipt email and that they should respond within 56 days (see attached). It had been over 56 days and just yesterday we received a Charge Certificate in the mail dated 02/10/2025 (see attached).

I believe if the council doesn't respond to us within 56 days then the PCN appeal should have been deemed accepted and they should have cancelled the PCN (according to London Tribunals official website).

I called the council this morning and they said since a Charge Certificate has been issued, the PCN is out of the hands of the council now and we have to wait for a letter from the Traffic Enforcement Centre and it should come with a form we can make a statutory declaration.

My question is - what should I do now? Is there any point writing to the council to say they should cancel the PCN now given they have not responded within 56 days? Should I send the TEC a statutory declaration form now, or wait until we get a letter from them? Should I be filling in the PE2, PE3, TE7 or TE9 forms? So confusing so many different forms!

Thanks in advance for all the advice!

Attachments -
PCN
https://drive.google.com/file/d/11e_y4A0w5dvlI739JMpT3MGF5HzPGHMo/view?usp=drive_link

Council acknowledgement of appeal receipt
https://drive.google.com/file/d/1wp20msZI2b3icCL5ODFgfLHRn-E2WAaU/view?usp=drive_link

Charge Certificate
https://drive.google.com/file/d/1ZiBYbc_1kQbLcyp5c2oqaeoV_YSaxz5a/view?usp=drive_link

EDIT: I've made the links public access now.. thank you!