Any advice would be greatly appreciated for returning the TE 7 & 9 :)@D D all I can suggest is that you give a full and frank account of events so far. Write a draft and post it on here urgently, and tag me in your reply.
what would you recommend the next move should be on this?
There is only one action open to you procedurally and this is for the recipient to complete and submit the WS in time!
So firstly, are you the addressee(AKA recipient)?
If so, then you complete the WS by ticking only one box, dating, signing and sending to TEC using one the methods offered and within time.
Without going back over the thread, which grounds apply to you? To keep this short the whys don't arise, only the whats. So which grounds? Is it:
a)that P did not receive the enforcement notice;
Noting that the following applies:
“enforcement notice”, other than in regulation 35, means—
(a)a regulation 10 penalty charge notice, or
(b)a notice to owner;
(a) doesn't apply here, so it's (b), yes?
Pl don't get distracted by anything else e.g. the format of the OfR, it's irrelevant at this stage.
I don't follow.
What you need is facts, not generalities such as we're having issues with mail. Remember, TEC did receive your WS, so the question which remains is WHY did they reject it. Was this?
It was completed incorrectly;
It was received late;
Or both?
We're still blind.
Your WS was dated X
They received it into their system on Y
They rejected, but we don't know why.
For obvious reasons TEC will only act on when they received the WS, NOT the date someone wrote on it.
So: you need date of posting - sadly you'll have to rely upon RM as you've mislaid your proof of posting.
You also need the date TEC received it - for completeness.
Was the WS completed correctly- as you didn't keep a copy you'll have to rely upon TEC.
Or phone, but do it first thing pl.
As regards RM, I'm no expert but I'd be surprised if they can't work backwards from the addressee, approx or better still exact date it was posted etc.
Thanks.
'In-time' was up to 11 Apr.
You posted on 6th that you had already returned the WS.
Therefore it would have been presumed delivered in time as you say you used the correct address. You also say it was completed correctly.
But TEC did not action the WS, therefore you should contact them and the Royal Mail.
I still recommend paying because if the error is found to be yours this could add £235 to your debt after 10th.
You have still not confirmed who was the addressee on the OfR. It's a belts and braces check.
I filled out my details and the lease company on the WS and ticked,
This should have nothing to do with the lease company. They are not the respondent, you are, or we're led to believe you are.
Alarm bells are ringing.
Where is the OfR?
And confirm it's addressed to you.
IMO, you should pay the outstanding debt before 23.59 10 May.
Why?
Because it caps your liability while not affecting your options to investigate why the OfR which you say you returned in time was not actioned by TEC.
A few questions:
Find out from ABC when your NTO and the Charge Cert were issued;
Post what you actually submitted to TEC, not a blank form, and tell us what date is recorded on your registered mail and the address to which your WS was sent.
Confirm that the OfR was addressed to you.
Also, way back in early April you were asked to post the OfR which you received and to provide details of when and how you sent your WS and to post this.
All we have had is that it was posted by registered mail.
You are in a pickle and whether it's possible to extricate yourself is an unknown until you post the key data.
Hi hope you’re doing well sir, what would you recommend the next move should be on this?@D D download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf and fill it in, then email the completed form to justice@tec.gov.uk with the PCN number in the subject line. There is no need to print the form, a typed signature will be accepted.
I already used the form that came with the letter and sent it back via recorded mail.Please post the form you received and please confirm when you posted the form to TEC. Aa a general rule using the post rather than email is a bad idea as you're adding an unnecessary delay and element of risk, but hopefully it will be ok.
I already used the form that came with the letter and sent it back via recorded mail.Please post the form you received and please confirm when you posted the form to TEC. Aa a general rule using the post rather than email is a bad idea as you're adding an unnecessary delay and element of risk, but hopefully it will be ok.
Hi hope you’re doing well sir, what would you recommend the next move should be on this?@D D download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf and fill it in, then email the completed form to justice@tec.gov.uk with the PCN number in the subject line. There is no need to print the form, a typed signature will be accepted.
Hi hope you’re doing well sir, what would you recommend the next move should be on this?@D D download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf and fill it in, then email the completed form to justice@tec.gov.uk with the PCN number in the subject line. There is no need to print the form, a typed signature will be accepted.
I would just wait, there's no rush.
While you are waiting for the experts here, please check the online status and history and report.
(2) A witness statement must state one and only one of the following—
(a)that P did not receive the enforcement notice;
(b)that P made representations to the enforcement authority under regulation 5 of the 2022 Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;
(c)that P appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made under regulation 5 of those Regulations but—
(i)P did not receive a response to the appeal,
(ii)the appeal had not been determined by the time the charge certificate was served, or
(iii)the appeal was determined in P’s favour;
(d)that P has paid the penalty charge to which the charge certificate relates.
Have you checked the online status?
Let us know when you get the notice to owner.
I’m guessing they clicked the link?Yes they did, but I'm not sure they've understood it.
Here is a draft representation:Dear Ashford Borough Council,
I challenge liability on the basis of the decision in Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023) which you can access at LINK.
In light of that, the penalty charge must be cancelled.
Yours faithfully,
I will PM you a link to put in the representation, it will redirect to here (https://drive.google.com/uc?id=1HLgXkoFeKSPDT1k09A_jPyaybFvP98ac) but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.
@IncandescentQuoteThey are actually double-yellow lines,May I respectfully disagree?
See
https://www.ftla.uk/index.php?action=dlattach;topic=972.0;attach=3362;image
and
https://maps.app.goo.gl/rwDxkRjbZ4fe12CN8
both show SYL.
That leaves 'legitimate expectation'.
According to
https://www.patrol-uk.info/authority_details/?pcn=KF&type=parking
Ashford should re-offer the discount if challenge is made (received by Council?) within the discount period.Quote
If you make your informal challenge within 14 days of receiving the penalty you should still be able to pay the 50% discounted penalty charge if your challenge is refused.
Back of PCN may confirm.
If you decide to challenge, please to post your draft challenge here for commewnt before submitting.
If you make your informal challenge within 14 days of receiving the penalty you should still be able to pay the 50% discounted penalty charge if your challenge is refused.
@IncandescentSorry, yes, you're right. However, further along I did see what looked like a faded second line.QuoteThey are actually double-yellow lines,May I respectfully disagree?
See
https://www.ftla.uk/index.php?action=dlattach;topic=972.0;attach=3362;image
and
https://maps.app.goo.gl/rwDxkRjbZ4fe12CN8
both show SYL.
They are actually double-yellow lines,May I respectfully disagree?