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Topics - cp8759

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1
These are the steps to be followed in a case where:

1) You have received either a postal PCN or a Notice to Owner under the Traffic Management Act 2004 (roadside PCNs attached to your car or handed to you by a civil enforcement officer don't count for these purposes),
2) You made representations against the PCN or NTO,
3) You have not received a Notice of Rejection, but
4) You have received a charge certificate.

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by 10.

For all other cases, we cannot yet say how reliable the council websites are at showing the 10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form TE9 which you can download from here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf

Despite the name of the file, this is the one to be used for all cases under the Traffic Management Act 2004, even if it's a bus lane or moving traffic case (which will only happen outside of London).

You need to tick the box next to:

"I made representations about the penalty
charge to the enforcing authority concerned
within 28 days of the service of the Notice to
Owner, but did not receive a rejection notice.
"

You can fill the form in on your computer, there is no need to print it as the court will accept a typed signature.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

You should then attach the completed form to an email and send it to tec@justice.gov.uk (do not print it off and send it in the post), put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form TE9 in the post shortly after you have emailed the PDF TE9 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed TE9 form before you have emailed the PDF TE9 form to TEC, you should fill it in and email it immediately.

If you have any questions, please ask on your thread.

2
The Flame Pit / Transport for London cameras
« on: May 13, 2024, 11:46:57 pm »
Transport for London doesn't want certain information to be public, so I've taken the rather obvious step of making a blog about it:

https://tflcameras.blogspot.com/

@mrmustard please feel free to publish  a copy.

3
These are the steps to be followed in a case where:

1) You have not received either a postal PCN, but
2) You have received a charge certificate issued under The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 (the name of the legislation will be on the charge certificate).

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For Birmingham City Council cases, you can rely on the information shown on https://pcn.birmingham.gov.uk/userservices/ (once the debt has been registered with TEC, the PCN amount will go up by 10 to 190)

For all other cases, we cannot yet say how reliable the council websites are at showing the 10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form TE9 which you can download from here: https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf

You need to tick the box next to "I did not receive the penalty charge notice."

You can fill the form in on your computer, there is no need to print it as the court will accept a typed signature.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

You should then attach the completed form to an email and send it to tec@justice.gov.uk (do not print it off and send it in the post), put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form TE9 in the post shortly after you have emailed the PDF TE9 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed TE9 form before you have emailed the PDF TE9 form to TEC, you should fill it in and email it immediately.

If you have any questions, please ask on your thread.

4
These are the steps to be followed in a case where:

1) You received a penalty charge notice issued under the London Local Authorities and Transport for London Act 2003 or an Enforcement Notice under the London Local Authorities Act 1996 (a penalty charge notice under the London Local Authorities Act 1996 doesn't count for these purposes).
2) You made representations against the PCN (under the 2003 Act) or against the Enforcement Notice (under the 1996 Act) within 28 days of the date of service of the PCN or Enforcement Notice (this is two working days after the date of issue),
1) You have not received a Notice of Rejection, but
2) You have received a charge certificate.

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by 10.

For all other cases, we cannot yet say how reliable the council websites are at showing the 10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form PE3 which you can download from here: https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

You will need to fill in the form on your computer and then print it off (do not try and do this on your phone).

You need to tick the box next to:

I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

Important: you should leave the "reasons" box blank. Yes this is counter-intuitive, but if you fill it in the form might be rejected.

Do not sign the form yet!

You must sign the form in front of an officer of the county court (which is free, you just need to call ahead and ask for an appointment at their public counter), or you can ask to do this at any magistrates' court (which is also free but most magistrates' courts will be unfamiliar with the process so you will need to show them the part of the form where it says it can be witnessed by a justice of the peace), or many high street solicitors will do this for around 10 / 15.

You should then scan and attach the completed form to an email and send it to tec@justice.gov.uk , put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form PE3 in the post shortly after you have emailed the duly complete PE3 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed PE3 form before you have emailed the sworn PE3 form to TEC, you should fill it in, get it sworn and email it to the tec mailbox as soon as possible.

The traffic enforcement centre will issue a revoking order and your case will be referred to the tribunal, you should refer back to your thread for further guidance.

If you have any questions, please ask on your thread.

5
These are the steps to be followed in a case where:

1) You have not received a PCN, but
2) You have received a charge certificate issued under the London Local Authorities and Transport for London Act 2003 or the London Local Authorities Act 1996 (the name of the relevant Act will be on the charge certificate).

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by 10.

For all other cases, we cannot yet say how reliable the council websites are at showing the 10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form PE3 which you can download from here: https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

You will need to fill in the form on your computer and then print it off (do not try and do this on your phone).

You need to tick the box next to:

I did not receive the:
Notice to Owner (Parking contravention) or
Enforcement Notice (Bus lane contravention) or
Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)
"

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

Important: you should leave the "reasons" box blank. Yes this is counter-intuitive, but if you fill it in the form might be rejected.

Do not sign the form yet!

You must sign the form in front of an officer of the county court (which is free, you just need to call ahead and ask for an appointment at their public counter), or you can ask to do this at any magistrates' court (which is also free but most magistrates' courts will be unfamiliar with the process so you will need to show them the part of the form where it says it can be witnessed by a justice of the peace), or many high street solicitors will do this for around 10 / 15.

You should then scan and attach the completed form to an email and send it to tec@justice.gov.uk , put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form PE3 in the post shortly after you have emailed the duly complete PE3 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed PE3 form before you have emailed the sworn PE3 form to TEC, you should fill it in, get it sworn and email it to the tec mailbox as soon as possible.

If you have any questions, please ask on your thread.

6
These are the steps to be followed in a case where:

1) You have not received either a postal PCN or a Notice to Owner (roadside PCNs attached to your car or handed to you by a civil enforcement officer don't count for these purposes), but
2) You have received a charge certificate issued under the Traffic Management Act 2004 (the name of the relevant Act will be on the charge certificate).

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by 10.

For all other cases, we cannot yet say how reliable the council websites are at showing the 10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form TE9 which you can download from here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf

Despite the name of the file, this is the one to be used for all cases under the Traffic Management Act 2004, even if it's a bus lane or moving traffic case (which will only happen outside of London).

You need to tick the box next to "I did not receive the Notice to Owner / Penalty Charge Notice."

You can fill the form in on your computer, there is no need to print it as the court will accept a typed signature.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

You should then attach the completed form to an email and send it to tec@justice.gov.uk (do not print it off and send it in the post), put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form TE9 in the post shortly after you have emailed the PDF TE9 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed TE9 form before you have emailed the PDF TE9 form to TEC, you should fill it in and email it immediately.

If you have any questions, please ask on your thread.

8
The Flame Pit / Freshly available Traffic Penalty Tribunal cases
« on: April 02, 2024, 12:57:23 am »
Finally got round to unredacting these (in no particular order), some are just of historic interest but the more recent ones are still relevant / current:

Richard Carpenter v Manchester City Council (MC01022-1807, 5 September 2018)

Azhar Iqbal v Manchester City Council (MC01040-1808, 1 September 2018)

Jennifer Raffle v Manchester City Council (MC01024-1807, 6 September 2018)

Ghulam Farooq v Manchester City Council (MC00752-1712, 29 January 2018)

Dean Wang v Manchester City Council (MC00816-1712, 30 January 2018)

Jane Wood v Manchester City Council (MC00729-1711, 31 January 2018)

Jacqueline Farnell v Manchester City Council (MC00014-1801, 14 February 2018)

Mohammed Akuji v Manchester City Council (MC00642-1805, 7 June 2018)

Emanuel Watkins and others v Manchester City Council (MC01044-1808, 29 January 2019)

Emanuel Watkins and others v Manchester City Council (MC01044-1808, 3 March 2019)

Fiona Callaghan v Lancashire County Council (LQ00005-1901, 17 January 2019)

Ethan Gwilyn v Essex County Council (ES00115-1807, 1 November 2018)

Bernadine King v Essex County Council (ES00185-1812, 4 February 2019)

Janice Stratton Lee v Essex County Council (ES00008-1901, 25 February 2019)

Laura Maxwell v Essex County Council (ES00026-1902, 3 March 2019)

All the 8's private hire v Essex County Council (ES00104-1907, 19 July 2019)

Helen Kenny v Essex County Council (ES00098-1906, 21 July 2019)

Rebecca Sanders v Essex County Council (ES00099-1906, 21 July 2019)

Lynda Young v Essex County Council (ES00164-1911, 11 December 2019)

Pia Rieley v Essex County Council (ES00175-1912, 19 January 2020)

Angela Mahoney v Essex County Council (ES00176-1912, 19 January 2020)

Michael Chiariello v Northamptonshire County Council (NP00156-1912, 7 February 2020)

Maxine Barrett v Sandwell Metropolitan Borough Council (SD00110-1911, 4 March 2021)

Peter Hunter v North Somerset District Council (NS00037-2210, 20 October 2022)

Phoenix Johnson v North Somerset District Council (NS00039-2210, 20 November 2022)

9
The Flame Pit / FTLA downtime
« on: March 30, 2024, 03:12:28 pm »
Apologies for the site being down for approximately 5 hours today, it was a platform-wide problem and unfortunately it happened while it was nighttime in the US.

10
Got these back from the council but annoyingly didn't save the thread correctly:





If anyone can identify the relevant thread please flag it to me and I'll merge this post into the right topic.

11
The Flame Pit / TPT decisions
« on: February 10, 2024, 05:12:37 pm »
I have finally got round to un-redacting some of the silly redactions from some TPT decisions.

Stephen Ivory v Kent County Council (with Shepway D C) (KP 05045K, 17 August 2010), service v delivery.
Gurdish Kapur v Bristol City Council (BS44, 13 November 2000), failure by council to provide copy of the representations to the tribunal.
Carnevale v Reading Borough Council (RG00104-1610, 7 December 2016), Minster Street bus gate.

12
The Flame Pit / Camden question
« on: January 28, 2024, 12:58:20 pm »
Is there anyone who could get a photo of the TFL parking enforcement camera that is somewhere around here? https://maps.app.goo.gl/4WATcBnGVr1VAKh6A

It's new so doesn't show up on GSV.

13
https://www.bbc.co.uk/news/health-67545375

Need to think of a new "I've had my vaccine" logo  :-\

14
This is subject to an appeal to the Upper Tribunal, but for now this is the position.

Allan Hamilton v Glasgow City Council (LZ00036-2308, 11 October 2023).

15
News / Press Articles / Scottish pavement parking ban
« on: November 11, 2023, 12:08:17 pm »
Edinburgh to be first Scottish city to enforce pavement parking ban: https://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-67381938

I expect this will drive quite a lot of traffic.

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