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Messages - Harken

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1
Hi Everyone,

Here's the latest on the above, we're at this point now. Are we able to add "new" representations at this stage or do we follow the instructions in the letter?



2
The plot thickens...

I was under the impression this was relating to a prior issue I had a while ago. It wasn't, I am being chased by Gladstone over a parking charge that occurred after I voluntarily terminated my ownership of the vehicle.

The date of charge is the 25/07/2024, I gave that vehicle back around the end of March 2024. Crisis averted.

3
I have followed your advice RE getting my information with them updated via the DPO. I am going to go to my old house today to pick up the letters and I will post them here for some advice.

I clearly made a mistake with my initial objections to the PCN and I feel like a bit of an idiot for doing so.

Do you have any advice on how I best proceed here? Is there hope for this charge to be struck off? Money is very tight for me at the moment and I literally cannot afford to eat this charge.

4
Someone was driving my car and parked outside of some shops in Iver for about an hour last year on the 27th of March. I took the case to the IAS with the argument of: "Paragraph 16.1 of the IPC's code of practice says 'Where a parking charge is issued Notices must comply with the applicable requirements set out in Schedule 3'. Schedule 3 echoes the POFA requirement for a period of parking to be specified in the NTK and refers to an example NTK in appendix 5 where the following form of words is prescribed.

'Period of parking:

From: (Date and Time of entry)
To: (Date and Time of Exit)"




The appeal was rejected and I thought that was the last I had heard from them, I am no longer the owner of the vehicle and I have since moved from the house where they knew where I last was.

The resident there has only just now informed me of some parking charge letters from Gladstone have been through in the mail and are saying they're taking me to court in 25 days. I've had no additional correspondence post issue, no attempts to contact me via email etc.

What's the next step for me here, thanks in advance.

5


It looks as if the Council received/issued something on 5th Feb - anymore thoughts on this?
[/quote]
We didn't receive any other correspondence and neither did we send anything. The only thing that was sent on the 5th were the CCs.

6
Just jumping back in here as I wanted to make sure that I'm doing the right thing by taking these actions ASAP mentioned in my reply here:

Next step seems to be:

Fill in the forms they sent me, tick box 2 and leave the reasons box blank for both. Sign them in the presence of a solicitor, scan them and email them separately to tec@justice.gov.uk with the PCN number for each one in the subject line of the email.

Will start the ball rolling on this if/when advised to do so.

7
They are identical yes.

I can say that the general gist of what was sent is that liability was accepted for one of the charges but we felt it was over the top to charge twice for two contraventions in quick succession.

I realise now this has probably caused me problems so I am hoping that we can at least change our approach from accepting liability for one, to trying to prove the PCNs weren't constructed in a way that is enforceable.

The timeline is:

PCNs arrive, partner replies, they get back and say she can't reply, I reply with the rough message of above. No response. Charge Certs come through, nothing sent from us (we were still waiting for a reply to our prior letter), and then order for recovery came through a couple days ago for both.

Here are both of them:



8
Oh, very strange. It should be a collection of 7 images...

Let's see if this works








9
Next step seems to be:

Fill in the forms they sent me, tick box 2 and leave the reasons box blank for both. Sign them in the presence of a solicitor, scan them and email them separately to tec@justice.gov.uk with the PCN number for each one in the subject line of the email.

Will start the ball rolling on this if/when advised to do so.

10
Thanks for the reply.

I have added the PCN overviews & the rejections to the linked IMGUR page. I am currently at work but will have a rummage around to find any additional requested information. Incl the back of the CCs.

She replied to them separately initially, which is why we received 2 letters back rejecting them. I then replied to both with one letter.

As you can see on the rejections, the wording makes it sounds like a letter has to be sent and therefore we don't have a copy of what we sent to them.

However, I do have a receipt from where I sent my reply back to these rejections. This is also represented on their timeline which is also in the IMGUR files.

Yes, I only attached one of them but we did receive a CC for the other PCN as well.

I will speak to my partner later to get a good overview of the timeline and subsequent correspondence.

11
Hi everyone,

My partner drove through a couple restricted zones, we made representations to the original PCNs. She replied in her name initially which they rejected, as it’s my name on the vehicle, once I replied in my name we didn't receive a reply. We continued to attempt to correspond via letter and it has now escalated to the charge certificate/order for recovery stage. We received 2 PCNs a few months back now and can't find them anymore.

Original issue date was 07/11/2024 for the PCNs and it looks like a few posts here from the same council around the same time all had issues with the PCNs which make them unenforceable.

We had offered to pay only one of the charges as both contraventions occurred within moments of each other but now I'm at a stage where I don't want to be mugged off by them and would rather tell them where to go.

I will be looking to get the PE3 form signed and witnessed in front of a local solicitor, with option 2 selected. Is it possible to get the process rolled back to the PCN stage again where I can make proper representations against it?

https://imgur.com/a/fQBCyfh
(Apologies, couldn't figure out the BB Code stuff)

Thanks for all that you do and looking forward to hearing back from you soon.

"Edited to correct PE2 to PE3"

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