Free Traffic Legal Advice

I received this from the LBBD this afternoon.

Dear Sir/Madam,
 
Your challenge was rejected on 27/04/2024 and the discount was re-offered (but not ecercised). All PCN correspondence is sent by first class post to the keeper's registered address as provided by the Driver and Vehicle Licensing Agency (DVLA) and the responsibility for delivery lies with Royal Mail. The Council cannot be held liable for non-delivery.
 
A charge certificate has been issued meaning you can no longer appeal this Penalty Charge Notice (PCN). The options open to you are to settle the outstanding amount (£195) or wait for the Order for Recovery to be sent. You can then file a statutory declaration with the Traffic Enforcement Centre.
 
Please note that we cannot engage in discussion of PCNs as they must follow the appeals process. Further correspondence in this regard will not be replied.

Hi All,

Looking for some advice please with a PCN I received in April for my company car.

I received the original PCN on 3rd April, it was dated as issued on 27th March. It was sent to me from the company solicitors as all vehicles are registered to the registered business address so therefore any correspondence goes to a PO box at the solicitors. The PCN is for the entering and stopping in a box junction when prohibited.

I made an appeal on the 9th April based on the fact a vehicle changed lane and blocked the exit after I had already entered the box junction. I didn't receive any email or reference when I submitted the appeal via the website. I called the London borough of Barking and Dagenham PCN department on the 25th April and was told that the appeal had been received but was advised that the appeal could take up to 3 months to be processed. I was also advised that if my appeal failed I'd have 14 days to pay the reduced amount of £65. I followed this up with an email which I also received a reply to confirming my appeal had been received.

I heard nothing back until 17th June where I received another letter forwarded by our company solicitor. This was a charge certificate and states that I did not pay the fine after my appeal was rejected and that the penalty charge is now increased to £195. I called LBBD back and was told that a appeal rejection letter was sent on the 27th April (conveniently the day after I called them) and that because I hadn't paid I now have to pay the full amount.

I checked with our solicitors and no rejection notice letter was received. I asked LBBD to send me a copy of the letter and they said I had to make a FOI request to them for a copy of it. I was told my only option now is to file a statutory declaration saying that I did not receive a rejection notice.

I have downloaded and started to fill out for statutory declaration form but the form has to be sworn before a commissioner. Is this something I could get our company solicitor to do and can it be signed electronically?

Am I wasting my time as they are unwilling to send me the supposed appeal rejection notice and if I make a FOI request for it it could take up to 3 months.

Any help or advice would be very much appreciated.

Joe