Free Traffic Legal Advice

You may revise the wording of the communication to ensure it can be used as evidence if the council does not cooperate and you need to present this letter to the Ombudsman or make a claim for a breach.




Dear Parking Services

I refer to the above matter and the applicable PCN enforcement timetable you recently provided. I emphasise that this is your evidence.

My frustration at being pursued for a penalty is now compounded by my annoyance at the council's blatantly unlawful demand, which should have been evident with proper oversight. Your timeline is attached, from which I have concluded the following:

An entry indicates that a Notice to Owner (NTO) was dated and posted on 25 Oct.
Another entry shows a second NTO was produced, dated, and posted on 26 Oct.
An entry states a Charge Certificate (CC) was produced, dated, and posted on 27 Nov.
An entry shows payment of £70 received on 27 Nov.
An entry shows a CC posted on 27 Nov., citing and relying upon the NTO issued on 26 Oct., which, based on the council's evidence, was an unlawful notice.
A copy of the NTO dated 26 Oct. is provided in the council's evidence.
A copy of a receipt issued by the Council for payment of £70 dated 26 November 2023.

The following points are evident from the above:

a. The unlawful act of issuing a second NTO on 26 Oct.
b. Even if the CC was legitimate, the council's legal right to demand the surcharge penalty arose only on 29 Nov. when the CC (posted on 27 Nov.) was served.
c. The council acted unlawfully by refusing payment of the extant, unsurcharged penalty on 27 Nov.
d and pursuing the owner based on an unlawful NTO and CC.

The Enforcement Agent has taken an unlawful money transfer of £514 under the pain of removing my car. I will now file an Out of Time application to the Traffic Enforcement Centre.

Given the council's actions to date, I expect a successful outcome and anticipate that the council will not object to my application. However, considering the above, it would be in the authority's best interest to cancel the Charge Certificate and Order for Recovery now rather than referring the matter to the adjudicator.

In this context, having been made aware of your actions, should the council object to my submission and it be refused, I will refer this matter to your Complaints Procedure and, if necessary, the Ombudsman. Such action could only be seen as a failure to discharge the council's public duty to act fairly and reasonably.
My bank details for the return of the money are as follows [provide bank details here]. Once the money is returned, I will consider the matter solved.

I have copied your enforcement agent for their information.

The bailiff obtained your mobile number from DVLA, as you had provided it during your V5 application. They did not obtain it from a neighbour.

The Traffic Enforcement Centre (TEC) will reject your TE9 based on the reasons you supplied. Instead, they will issue a new warrant using your updated address, allowing enforcement to proceed. Currently, the warrant lists your old address, rendering it defective and nullifying any enforcement actions taken under it. It is advisable to leave the defective Warrant of Control as it is. Correcting it is not your responsibility.