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Messages - azuremumbai80

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1
Thanks .I agree .

On further reading , I can also see some suggestion on filing a TE9 and TE7 form and send to a tec@juctice.co.uk as the previous PCN was not provided .

You need to complete:
   •   Form TE9 – Statutory Declaration
   •   Form TE7 – Application to file the Statutory Declaration out of time (since you never got the earlier letters)

2
The Notice of Enforcement was addressed to the Company Secretary as it is a company Lease vehicle and I am the registered keeper. The address was send to the Accountant address for the company communication. Though the address was requested for update earlier year to the vehicle finance company.


Yes I am the Registered keeper of the vehicle and I was not informed of any PCN or notices at the company address or Accountants address) ..I just received the letter yesterday .


I very much doubt that you are the 'registered keeper'. In fact, I suspect you are well down the legal liability tree:

Vehicle finance company;
Your company/employer(vehicle lessee);
You(e.g. authorised driver, officer of the company etc).

Anyway, what happens next?

If the debt is not paid(by anyone, even you) then bailiffs may attend the address of the legal entity named on the NoE and SEIZE goods.

Not something you particularly want to happen, do you.

IMO, having regard to what appears to be the pass-the-parcel approach of your company and that the payment deadline on the NoE has passed I suggest you PAY the debt and argue* the toss afterwards.

*- remember that if you are not named on the NoE then without written authorisation of the person who is they MAY NOT deal with you because you are a legal stranger to these proceedings. NEITHER will the Traffic Enforcement Centre, so don't bother with any submission unless you have the addressee's permission in writing.


Thanks.
If the bailiffs attend the address of the legal entity named on the NoE , there wont be the required goods to seize as the car is not on the address of the NoE. It is with the registered keepers address.
Any thoughts ?

3
The TE9 form for appeal mentions a clause to appeal - I did not receive the PCN .

Was wondering if I should use the option as I never received any PCN from DART and was not even reported by my accountant who maintains the communication and business address.

https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf

4
Hi Enceladus,
Please find my response and the latest image(no vehicle redaction- Just company name/address)  at https://imgur.com/a/XEPB8A7

1. Vehicle Registration- WN74ZTL.

2. Is the Notice of Enforcement addressed to you at your address? Or might it be addressed to a company? Or perhaps a lease company?
The Notice of Enforcement was addressed to the Company Secretary as it is a company Lease vehicle and I am the registered keeper. The address was send to the Accountant address for the company communication. Though the address was requested for update earlier year to the vehicle finance company.


3.The PCN and subsequent notices would have been sent (served) to the person or entity at the address held by the DVLA as being the Registered Keeper at the time of contravention. The RK is presumed to be the owner of the vehicle and is liable for the penalty. Are you the RK?

Yes I am the Registered keeper of the vehicle and I was not informed of any PCN or notices at the company address or Accountants address) ..I just received the letter yesterday .

I emailed DART (who were also called in April for non charge ) who responded the below

To challenge the issue of an Order for Recovery you must file a witness statement with the Traffic Enforcement Centre (TEC). To do this, fully complete and submit a TE9 form for each individual PCN.
 
Once you have completed the form, save the changes and send an email with the completed form to tec@justice.gov.uk. Alternatively, you can send it by post to Traffic Enforcement Centre, County Court Business Centre, St. Katharine's House, 21 – 27 St. Katharine's Street, Northampton, NN1 2LH.


 

What is the vehicle reg?

Is the Notice of Enforcement addressed to you at your address? Or might it be addressed to a company? Or perhaps a lease company?

I ask because you seem to be missing most of the statutory notices. The postal PCN, Charge Certificate and the the Order for Recovery. So where did they go to?

The PCN and subsequent notices would have been sent (served) to the person or entity at the address held by the DVLA as being the Registered Keeper at the time of contravention. The RK is presumed to be the owner of the vehicle and is liable for the penalty. Are you the RK?

Do you know the date of the original PCN?

The DART people are normally pretty good at cancelling PCNs for a first offence. They also had problems with collecting the charges in the past. Might the failure to pay the charge have happened before you set up the auto-pay?
[/quote]

5
Hi Enceladus,
Please find my response and the latest image(no vehicle redaction- Just company name/address)   at https://imgur.com/a/XEPB8A7

1. Vehicle Registration- WN74ZTL.

2. Is the Notice of Enforcement addressed to you at your address? Or might it be addressed to a company? Or perhaps a lease company?
The Notice of Enforcement was addressed to the Company Secretary as it is a company Lease vehicle and I am the registered keeper. The address was send to the Accountant address for the company communication. Though the address was requested for update earlier year to the vehicle finance company.


3.The PCN and subsequent notices would have been sent (served) to the person or entity at the address held by the DVLA as being the Registered Keeper at the time of contravention. The RK is presumed to be the owner of the vehicle and is liable for the penalty. Are you the RK?

Yes I am the Registered keeper of the vehicle and I was not informed of any PCN or notices at the company address or Accountants address) ..I just received the letter yesterday .

I emailed DART (who were also called in April for non charge ) who responded the below

To challenge the issue of an Order for Recovery you must file a witness statement with the Traffic Enforcement Centre (TEC). To do this, fully complete and submit a TE9 form for each individual PCN.
 
Once you have completed the form, save the changes and send an email with the completed form to tec@justice.gov.uk. Alternatively, you can send it by post to Traffic Enforcement Centre, County Court Business Centre, St. Katharine's House, 21 – 27 St. Katharine's Street, Northampton, NN1 2LH.


 

What is the vehicle reg?

Is the Notice of Enforcement addressed to you at your address? Or might it be addressed to a company? Or perhaps a lease company?

I ask because you seem to be missing most of the statutory notices. The postal PCN, Charge Certificate and the the Order for Recovery. So where did they go to?

The PCN and subsequent notices would have been sent (served) to the person or entity at the address held by the DVLA as being the Registered Keeper at the time of contravention. The RK is presumed to be the owner of the vehicle and is liable for the penalty. Are you the RK?

Do you know the date of the original PCN?

The DART people are normally pretty good at cancelling PCNs for a first offence. They also had problems with collecting the charges in the past. Might the failure to pay the charge have happened before you set up the auto-pay?
[/quote]



6
Hi All,
I received a letter from Bristow&Sutor today(26/09/2025) with a payment deadline via my accountancy address on 23/09/2025 . It states about National Highway DART payment due .However I already have a direct Debit for my Car in the DART portal since April .
It mentions warrant is issued dated 25th July and 1st Compliance stage fee as 75£ adding to 117£ debt and total to 192.50£ .There are no details on the day of the issue and appeal..Just a letter to pay or DebtManagement will visit to confiscate the belongings.

Can you please guide what needs to be done here ?

The link for the pdf is herein-

https://imgur.com/a/Dj2Qhbs
https://1drv.ms/b/c/8af311400893ecfb/EbBGCp1AwC9CueV9Sz4Uvd0B16PJb67rW2HYjS1ej9-9Vg?e=iAFZFR


7
Thanks I reviewed and Updated the contents.

8
Hi All,
I received a letter from Bristow&Sutor today(26/09/2025) with a payment deadline via my accountancy address on 23/09/2025 . It states about National Highway DART payment due .However I already have a direct Debit for my Car in the DART portal since April .
It mentions warrant is issued dated 25th July and 1st Compliance stage fee as 75£ adding to 117£ debt and total to 192.50£ .There are no details on the day of the issue and appeal..Just a letter to pay or DebtManagement will visit to confiscate the belongings.

Can you please guide what needs to be done here ?

The link for the pdf is herein-

https://imgur.com/a/XEPB8A7

https://1drv.ms/b/c/8af311400893ecfb/EfO6B96KGCFFg2_c2uHpNQwBpLAJoAJhIpaj7JUMsgSS-g?e=XR6Ls7

9
Hi All,
I missed my Dartford crossing payment by 48 hours as I did not realise that the new lease car was not registered in  the Dartford crossing portal(Vehicle Management). I am still not able to see the crossings transaction I the portal.

Any guidance that you could provide to avert the PCN ?

10
Morning All,
As promised please find attached the final decision for the Swindon Bus Lane contravention.

Hope its helpful for others in a similar situation ..

Many thanks for your support.

@AceKingPin for your information-Attachment

[ Guests cannot view attachments ]

11
Yes sure @AceKingPin my case number is SI00031-2411..
I will soon upload the judgement copy after redacting some personal information,

12
Dear team,
Great news ..I won the appeal against the Swindon council for the Bus lane PCN.
The adjudicator upheld my argument on the grounds of procedural improvement which was based on the older 2005 legislation.

Note -There was no formal hearing due to my request to postpone but  adjudicator promptly resolved through Q&A /review in the portal with Swindon council representative.

The Council is directed to cancel the PCN.

I would like to wholeheartedly thank cp8759 , Incandescent and others for their time in reviewing my PCN and providing the suggestion without which this would not have been possible...

Thanks you all again...


13
Morning All,
 Any useful guidance for the hearing that I could apply for the procedural shortcomings. 

14
Hi All,
 I have got a hearing date on 13/12/2024 with the Tribunal.

Any additional preparatory evidence iid you can please guide ?


Date:   13/12/2024
Time:   15:00 pm - 15:30 pm

15
Thanks..

Please find the Authority Summary for the Appeal-

Authority Summary:   The Penalty Charge Notice has been issued correctly and in line with current legislation.  The document contains grounds for representation.  Documents were updated when the new legislation came into force.

Mrs Divya Shetty vehicle has been observed on CCTV driving through Penzance Drive Bus gate.  There are clear signs in the area including a sign at the pedestrian crossing alerting road users of the upcoming bus gate, as well as a sign on the traffic lights showing no left turn accept for buses, taxi’s and cycles.

We do not believe that there has been any procedural error and the Penalty Charge Notice has been issued correctly.







My Appeal statement :-



Grounds of Appeal:   
The authority made a procedural error

I think I have compelling reasons

Explanation:   
Whilst Page 1 of the PCN lists the correct regulations for the PCN for my car Lg23WKT, the page for representations is seriously misleading as it lists the old ACT and the old regulations, and in addition, does not contain the full list of statutory grounds for a representation.  This is a serious error and grounds for cancellation of the PCN. I would like to raise this with Traffic Penalty tribunal on the grounds of procedural impropriety.  This is one of the statutory grounds omitted by the council on their PCNs. Councils must obey the law just like they expect motorists to.




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