Free Traffic Legal Advice

Hi @cp8759,

I hope all is well.

I think we can't really do anything until the 30 January deadline has expired.

Unsurprisingly the council has never responded to my request for information.

They have never registered this debt either. All 4 of the below PCNs are still showing as £195.

#1 PN75748188 – paid and case closed
#2 PN75748213 – paid and case closed
#3 PN76007402 – This is what the post is about re Albert Way
#4 PN62628875 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#5 PN62645400 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#6 PN62647643 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.

I am honestly not sure how to handle this now. I am worried that leaving this will come back and bite me in the future but also don’t want to necessary force them to handle this and just wait the 6 years until the statutory limitation is up.

Understood and thank you for clarifying.

I must have misremembered your previous advise as I thought this would never go to court.

I just re-read the posts and in your reply #5 from December 09, 2024, 04:13:15 pm where you said "Eventually the case will be allocated to your local county court and you'll receive a date for a hearing if the claim hasn't already been struck out. The claimant has to pay the £27 trial fee around a month before the hearing. They will discontinue before having to pay that fee. If they don't and you are the only one out of thousands I will have seen that has to go all the way to a hearing, you'd have to make your Witness Statement and send it to the court no later than (usually) 14 days before the hearing."

This was always going to be allocated and it's all as you've previously explained.

okay I was under the impression that it's not for the claimant to decide if this goes to court and just wasn't sure if me saying I want the judge to decide was skipping that part.

Claim History was updated
DQ sent to you on 21/01/2025
DQ filed by claimant on 21/01/2025
You filed a DQ on 28/01/2025

And I got a Confirmation e-mail for a Mediation Appointment in early March. I do have a couple of questions regarding the e-mail:
1.

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

I put my details on the DQ so in theory they should already have everything. Does it mean I need to supply my info separately all it's fine as it it? They highlighted this in red.

2.

Explaining your position. You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

What should I do here? Read the previously submitted defence? Prepare something new? Should I talk about what has happened from driver's perspective?

When you receive your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those.

Yes this just came through in the post today.


 

If your MCOL says it has been sent but you haven’t received it yet, just download your DQ own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

I have it on MCOL as well:

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

Thanks for the help with the form @b789, I have done exactly as you said and put down: “Central London County Court Thomas More Building Strand London WC2A 2LL I am in London so much that it's much easier for me than in Bristol.”

Would this be an issue to have it in London given my home address is in Bristol? I am in London so much that it’s much easier for me than in Bristol.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.

As soon as you confirm regarding the court address I will do that. Do I need to send them anything else? Like my defence etc? or just the DQ form?

PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?

Yes I have submitted my defence and got evidence of posting it both via post office as well as online. In the original post of this thread we have a copy of my representation submitted to them, and picture/screenshot of acknowledgments. Proof of the online submission is W26800139 but it doesn’t state the actual PCN on it. That’s just Newham’s system though

Also I note you made a Subject Access Request for this PCN, correct me if I'm wrong but this is still outstanding so for all we know, it might be that the council did receive your representation and it's the Notice of Rejection that got lost in the post?

Correct as per your suggestion I have asked them for a copy of the rejection. They said they would get back to me by 30th of January but nothing since. Even though they have provided the copies of the other request already. They did send me a letter saying to get in touch if I am struggling financially to repay it as they could help. I have posted a copy of that letter too.

PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)

Understood, so I should complain to the council to have this registered with TEC. Once this is done I can appeal. Only way to really get this closed off?

@Enceladus, thanks for taking the time and looking into this.

You understanding and summary is correct.

There were 6 PCNs in total.
#1 PN75748188 – paid and case closed
#2 PN75748213 – paid and case closed
#3 PN76007402 – This is what the post is about re Albert Way
#4 PN62628875 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#5 PN62645400 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.
#6 PN62647643 – never knew about this until they mentioned it in the e-mail when dealing with #1 and #2 as council sent it to a wrong address.

Council made a mistake with the first two so when writing to them I found out about the #4, #5 & #6 which are for the car being in the yellow box. I am going to sit tight and wait for them to register the debt with the Traffic Enforcement Centre.

I note that the Ack receipt for your reps doesn't actually quote the PCN number, just an enquiry number. Is that true of the online Ack emails for the other PCNs?

Yes this is true for the other 2. I submitted my defence for PN75748188, PN75748213 & PN76007402. These were then posted to them too. I have 3 different references for that and none of them refers to the actual PCN.

The V5c for your car was last updated 07/09/2021. So I would suggest that the Registered Keeper address was likely incorrect prior to Sept 2021 and this is why you did not receive any of the notices for these three PCNs.

I requested a copy of these PCNs as per advice from @cp8759 and the address they had on file was indeed incorrect. I am not sure how this happened as I have been there since 2012 and because everything else is correct (first line, city and postcode) except the house number. It should be 39 but it’s 33. So, they sent this to a wrong address.

Re PN76007402 I want to appeal to the Adjudicator and I am quite confident it can be won as I have seen quite a lot of people here win this. That said, not so confident regarding the other 3. Although I have no faith that this will get ever registered as it has been so long that they would have done by now. That said I would like to know 2 things regarding them:
1. What would be my line of defence here for PN62628875, PN62645400, PN62647643?
2. Is there statutory limitation period i.e. an expiration date for council to register this with TEC?

Statutory Declaration (form PE3)
I also would like to clarify the process surrounding the Statutory Declaration (form PE3) & debt registration with the Traffic Enforcement Centre (TEC). Can I sign and have witnesses sign the PE3 form before the debt is officially registered with the TEC? I.e. can the date on the PE3 form precede the date of registration with TEC ensuring it's ready to submit as soon as the debt is registered? I am aware that I cannot submit the PE3 to the court or TEC until after the debt has been registered as it will get rejected.