Free Traffic Legal Advice

Hi @cp8759

I was too quick to celebrate..
Today I received a NOTICE OF REJECTION in the post.

You can see it here: https://pdfupload.io/docs/d1eff4ac

What is my next move, and do I have the time for it, bearing in mind I'll be leaving the country permanently on the 15th of August.

Many thanks!

@raddic if the PCN is back at £130, then the council must have issued a new NTO. You don't need to physically receive it in order to make representations, just go to https://parking.newham.gov.uk/ and submit a representation saying that the alleged contravention did not occur. That's literally all it needs to say, one line is enough.

Take a screenshot of the confirmation screen once done.

@cp8759 The website requires a web code, which I don't have, in order to submit a formal representation.

On the site there are two options. One is "Start informal challenge now" and the other is "Start formal representation now".
The latter requiring said web code (You will require the web code to make representation, which can be found on the notice you have received under the section labelled making representations > online)

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Hi @cp8759,

Just came off the phone with TEC, they confirmed that it has been reverted and advised I should contact Newham Council for any further actions.
Apparently it was reverted back on the 17th.
They didn't provide any explanation as to why I wasn't notified of that.

I checked the council website(should've done that much earlier...) and I can see it's back to 130£.

Could you advise what the next steps are?
You mentioned something about me giving you a letter of authority. I've never done that before so could you let me know how I can do that?

Hopefully there's enough time left to act.

Many thanks!

Quote from: raddic on May 13, 2024, 11:14:44 am

Going by the guide, I should ignore the letter, given that I have the acknowledgement email from TEC, correct?

Well if TEC has already received a correctly filled in TE9 form (which is what you've told us), there's no reason to send it again.

If you want to be 100% safe, you could always call up TEC on Monday and ask them to confirm everything is in order and the TE9 will be processed in due course.

Sorry, I've missed the reply notification.
So here's what happened after I emailed them the TE9 form and received the automatic acknowledgement on 10/05.
On 14/05 I received an email reply from a TEC rep, informing me that I've completed the form incorrectly.
Quoting
<sub>"We can’t process your forms as they haven’t been completed properly.

Why we couldn’t process your forms:

● The forms can only be completed and signed by the registered keeper of the vehicle at the time of the offence.  If you were not the registered keeper at that time, please contact the Local / Charging Authority who issued the Penalty Charge Notice.

We do not keep invalid applications. Please return all appeal forms together, along with any supporting documents/evidence."</sub>

What I did wrong is sign and print my fiance's name on the statement of truth witness section at the end of the form, thinking I needed a witness to confirm my statement.

So I filled out the form again, signing and printing my own name everywhere.. and I emailed it as a reply, receiving an automated acknowledgement again.

I haven't heard anything since.

@raddic please note I have been informed the debt registration fee has now increased to £10, so when the debt is registered the amount due will go up to £205 rather than £204.

Also when the debt is registered please could you check the amount due on the council website? If it turns out that this is correctly shown on the Newham website I will update the guide accordingly.

Hi @cp8759 I just spoke with TEC on the phone, the debt has been registered. I also checked the Newham Council website and it is correctly shown there too.

I filled out the form and emailed it. Now waiting for the automated reply.

Many thanks for your help!

Quote from: raddic on May 01, 2024, 05:58:33 pm

Quote from: cp8759 on May 01, 2024, 10:23:45 am

Well this is a truly ridiculous PCN which we can easily beat on appeal, but first we need to get things procedurally back on track.

@raddic please read the guide at https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ and confirm whether everything you need to do is clear. It doesn't matter where in the world you are as long as you have access to the internet, the process can be completed from anywhere.

Once that part is done and the PCN has reverted to £130 on the council website we'll know it's an the NTO stage again, at that point you can give me a letter of authority and I can sort out the representations on your behalf.

Wow! Thank you!

You just made things very simple for me and I can't thank you enough.

I read through the guide and everything is clear. I only have a couple of doubts, the guide says I am not the 'Applicant', does that mean I should leave the Applicant field blank or enter the name of the Enforcement Authority there? As far as I understand it's the latter.

My other doubt is with the waiting a week after the 14 day period and making sure the debt has been registered with TEC, and that's only because you didn't mention it in your post. The 14 days have passed a few days ago, on the 29th of April.
Do I need to wait a week or am I good to proceed with the form?

Many thanks for the straightforward answer!

You are not good to proceed with submission of your WS until they have registered the debt at the Traffic Enforcement Centre. When they do this, the amount owing increases to £195 + £9 = £204.  The £9 is the TEC registration fee. They also then send out an Order for Recovery, but as cp8759 says, you don't need to receive this, you just need to know when the debt is registered and that is known when the amount owing reaches £204.
They may not register the debt immediately on the expiry of the 14 days stated in their letter, and if you submit the WS too early, (before debt registration), TEC will reject it.

As to who is the "Applicant" on the form, it is the enforcing authority, so you enter "Newham Council".  You are the Respondent.

Thank you for explaining! All is clear now.

I'll be checking regularly with TEC to find out when it's been registered.

Many thanks to all that replied and helped!

Well, if you can get this reverted to a point in the process where you can appeal, then I think there's a strong argument to be made that the edge of the carriageway was (at the time) the metal barriers and you were within 50cm of them, but you've missed all the opportunities the legal process gives you to make that argument.

Giving us a timeline of ALL the documents you have received (with scans) would be a good start.

Hi GRant Urisimo, thanks for the reply.

I only have the PCN(from my windshield) and The Letter, both of which I've uploaded and can be found in my original post above.
The PCN was issued on 14/01/24 05:00
The letter is dated 15/04/24

Thanks

Hello Everyone,

I'm writing in regards a PENALTY CHARGE NOTICE I received on my windscreen for "Parking in a special enforcement area more than 50cm from the edge of the carriageway and not within a designated parking place".

I will begin with the fact that I'm very late with my actions. The PCN was issued on 14/01/2024 then on 15/04/2024 I received a letter giving me 14 days to pay before further action is taken by the County Court. I haven't responded or actioned at all to anything.

If it's not too late, I believe I have ground to appeal because there was fencing next to the curb so it was physically impossible to park less than 50cm from the edge of the carriageway. As well as that, there were no designated parking spaces marked, nor any signage at all.

Please see below, the PCN, the 14 day letter, the photos the CEO took and the photos I took.

REG NUMBER: DX16 UDN

PCN: PCN

14-Day Letter: 14-Day LETTER

CEO Photos: CEO Photos

My Photos: My Photos


Location is here: LOCATION

I'll be very grateful for any advice.

Kind Regards,
raddic