Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Manisb on June 24, 2023, 01:07:00 pm

Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 28, 2023, 02:58:27 pm
Not quite, you can only contact TEC once the debt has been registered with the Traffic Enforcement Centre.

Keep an eye out on the amount due on the council website, once it's been registered the PCN amount will go up to £204 and the council will send you an Order for Recovery in the post. You don't need to wait for any paperwork to come in the post though, once the debt has gone up to £204 you can download form PE3 from https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

You'll need to tick the box to say you made a representation but did not receive a Notice of Rejection, but do not sign the form!

You'll have to make an appointment at your local county court to get it sworn in front of a court officer (it's free), once that's done you can scan or photograph it and email it to tec@justice.gov.uk (put the PCN number in the subject line).

Any questions, please let me know.

Sorry just seen this. Will keep on top of this - thank you!
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 28, 2023, 02:56:53 pm
@cp8759

Just spoke with TEC and they explained that once The London Borough of Tower Hamlets has registered my case with them, a case number will be generated a letter sent to me.

Once I receive the letter it will be accompanied with a form to appeal and this is when/where I can inform them that I didn't receive the Notice of Rejection from the council as well as provide all the evidences of my original representation and attempts to reach out the council.

Thought I'd share in case anyone in my position faces something similar in future.

I'll keep you updated with outcome.
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 28, 2023, 01:30:10 pm
Not quite, you can only contact TEC once the debt has been registered with the Traffic Enforcement Centre.

Keep an eye out on the amount due on the council website, once it's been registered the PCN amount will go up to £204 and the council will send you an Order for Recovery in the post. You don't need to wait for any paperwork to come in the post though, once the debt has gone up to £204 you can download form PE3 from https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

You'll need to tick the box to say you made a representation but did not receive a Notice of Rejection, but do not sign the form!

You'll have to make an appointment at your local county court to get it sworn in front of a court officer (it's free), once that's done you can scan or photograph it and email it to tec@justice.gov.uk (put the PCN number in the subject line).

Any questions, please let me know.
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 28, 2023, 12:46:11 pm
@cp8759 is there anything I can do?
Yes, you have made representations and have not received a Notice of Rejection, so you can make a statutory declaration to that effect once an Order for Recovery has been issued.

Please read this page https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process from the "charge certificate" paragraph down to the end of the page.

Then please confirm if you understand the next steps or ask any questions you may have.

@cp8759 - thank you!

As far as I understand, I must now contact the Traffic Enforcement Centre (TEC) to inform them I didn't receive the Notice of Rejection from the council?
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 28, 2023, 11:31:32 am
@cp8759 is there anything I can do?
Yes, you have made representations and have not received a Notice of Rejection, so you can make a statutory declaration to that effect once an Order for Recovery has been issued.

Please read this page https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process from the "charge certificate" paragraph down to the end of the page.

Then please confirm if you understand the next steps or ask any questions you may have.
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 28, 2023, 11:17:29 am
@cp8759 is there anything I can do?
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 27, 2023, 09:17:48 am
...and in the letter to the council I inform them of my address change.
Sorry which of the 7 documents are you talking about exactly?

Document 2 and Document 7 (last paragraph).

I've blocked out my address/personal details but it most definitely refers to my new address.
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 26, 2023, 11:06:18 pm
...and in the letter to the council I inform them of my address change.
Sorry which of the 7 documents are you talking about exactly?
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 26, 2023, 10:52:58 pm
I can't see where you've specifically informed the council that you've moved address?

@cp8759
In my representation/appeal I provide my new address and in the letter to the council I inform them of my address change.
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 26, 2023, 08:10:48 pm
I can't see where you've specifically informed the council that you've moved address?
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 26, 2023, 05:28:00 pm
@cp8759

https://imgur.com/a/19X9KpW
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 26, 2023, 04:41:02 pm
@cp8759 - I hope this works, let me know if you can view the link and attachments please?

Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 24, 2023, 11:37:12 pm
Can you show us the charge certificate please?

@cp8759 Trying to upload but there is an error?
Upload to imgur.com and add as an embedded image, see the instruction here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 24, 2023, 07:31:55 pm
Can you show us the charge certificate please?

@cp8759 Trying to upload but there is an error?
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 24, 2023, 04:32:01 pm
Can you show us the charge certificate please?
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 24, 2023, 03:17:07 pm
Did you give the council your new address when you made representations?

Did you keep a screenshot of the confirmation screen, or do you have a confirmation email?

@cp8759. Yes notified them of address change and have email confirmation of representation made.
Title: Re: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: cp8759 on June 24, 2023, 02:38:04 pm
Did you give the council your new address when you made representations?

Did you keep a screenshot of the confirmation screen, or do you have a confirmation email?
Title: Council hasn't responded to my appeal or any correspondence, and now threatening court action
Post by: Manisb on June 24, 2023, 01:07:00 pm
I received a PCN from Tower Hamlets Council which I appealed online within 14 days.
I received no response from the council and they wrote me a letter that because I haven't appealed my original fine has now increased to £195.
I wrote back to the council stating that I received no response to my appeal, so why am I being charged extra? Why have they not followed their own protocol? I've also informed the council that I have moved houses and provided them with my current address.

There has been no communication from the council or any acknowledgement of my letter to them which was sent via Royal Mail Signed For service.

The council then wrote a letter to my OLD address again stating that I haven't paid them the £195 and I will now be facing court action unless I pay within 7 days (by 25th June).

The council have ignored their own protocol and not responded to any of my communication including the original appeal. What can I do please?

I have evidence of original appeal and letter(s) sent to them.