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Messages - correcthaunt

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16
Hi @cp8759 & @Incandescent,

Thanks for getting back to me and I will get the PE3 witnessed by someone at the court. I will ask around at the Stratford Magistrates' Court and Family Court as I am sure they do these a lot there given how awful Newham council is. If not then I will go to the Royal Courts of Justice and ask around there.

With regards to the form itself, I had printed a blank one months ago in anticipation of needing to do this, so now I will fill it in identically to how they’ve posted it. Once I have it all signed I will post a quick picture to confirm all good before sending over to tec@justice.gov.uk.

17
Thank you for your prompt response @cp8759.

I have 1 quick question on the following "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."

I do not physically have the copy as this was posted to Bristol and I am in London today.

My 2 questions:
1. Can't I just print one from the internet and have this witness and then submitted? Or does it have to be the one the issued?
2. Do I need to get the justice of the peace to witness the Order for Recovery too?

As soon as I have your confirmation, I will go to the Stratford Magistrates' Court and Family Court and ask for a justice of the peace appointment.

18
Hi @cp8759,

I hope you are well.

You are correct in saying that there is no point in going back and forwards with the council. That said I do have proof of sending both the physical and electric copies, which I kept just in case I do need to use is/show it in court. Everything is in this thread as a backup too.

Quick update on the 3 from 2021 - Barking Rd/ Opp Oak Crescent :
#4 PN62628875
#5 PN62645400
#6 PN62647643

Nothing has changed here, these are still showing as £195 GBP and after 4 years it was still not registered. I might make that complaint to move this along.
Now, the Royal Albert Way E16 & Gallions Rd i.e. the main one.

On the 6th of January I have received the below letter from the council suggesting to reach out if I am struggling financially to pay the £195 GBP. This is fully documented in my Reply #6 on from January 08, 2025, 05:48:16 pm.

Fast forward to now and I just got the letter (issued 22nd of April 2025) from the court saying that the debt has been registered.

Here is the Letter:


Here is the updated price to £205.


I read through the options and it looks like the “2. You made representations about the penalty charge to the local authority concerned within 28 days of service of notice to owner / Enforcement Notice / Penalty Charge Notice and you did not receive a rejection notice.” option is the one applicable here. Thus my questions:
1.   Which process do I need to follow now?
2.   And if I need to go to court to get this witnessed signed which court London court can I go to?
a.   Commissioner for Oaths/Officer Of the Court appointed by the Judge to take affidavits/Justice of the Peace – do I just ask for one in any court?
3.   What else do I need to do?

As always, your help is greatly appreciated.

19
Hi @cp8759,

Thank you for your prompt response and understood.

Before making the formal complaint, should I follow up with them regarding the information request they simply ignored?

As you may recall, I have reached out to them to get a copy of their response for my appeal but they never sent one nor sent me the copy (even though they provided copies for the other 3).

20
Hi @cp8759,

I hope all is well.

Quote
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.

21
Just a quick update that I got the below e-mail from them confirming the attendance. Don’t think there is any action on my part as the claimant hasn’t been in touch.



22
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.

23
Hi @b789,

So did I pick the wrong option? Or this being allocated to the local court was always the route?

If I made a mistake can I fix it?

24
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.

25
Hi @DWMB2 & @b789,

I just had my call and was told that although the Original cost was £259.88 they are willing to reduced to £200.

I was then explained the below options:

Option 1 - they took the deal
Option 2 - take it to the court
Option 3 - I want to sort it out, but not for the £200 they have offered.

I explained I wanted Option 2 and the representative said he would mark this as not settled and that the court/judge would review it and decide if this goes further.

Is this correct? If not should I call or email them?

26
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.
Quote
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.
Quote
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?

27
If you've given a good reason (which you have) I imagine they will accommodate your request.

Understood thank you for this. This has now been sent:


And got an auto-response from both parties:

Court:


DCB Legal:


@b789 has kindly explained that this case is 99% likely to be discontinued.

Quote
You will receive your own DQ and you will have to complete it and send it to both the court and DCB Legal. After that you will receive a date for a mediation phone call. You are required to "attend" the call but it is not part of the actual judicial process and does not involve any judge or solicitor. It is a complete waste of time in cases like this and you simply offer £0 and I tis over in minutes and has no bearing on the process.

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.

I will confirm once I had the phonecall. And if there is any help needed with the Witness Statement.

28
Quote
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.


 
Quote
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:



Quote
• 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.

Quote
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?

29
Hi @b789,

The below response from DCB was sent over, saying that they have reviewed my defence and that their client intends to proceed, and that I can call them to discuss settlement. They also included a copy of their N180DQ.



MCOL is still unchanged;
•   Your acknowledgment of service was submitted on 09/12/2024 at 15:42:35
•   Your acknowledgment of service was received on 09/12/2024 at 16:05:06
•   Your defence was received on 21/12/2024

Questions
1.   I guess they need to now actually post it to the court, right? They also asked for the court hearing to be near their address.
2.   Does that mean I would need to go up north if this was to go to court?
3.   What does it need to say for me to be able to send the N180DQ?

30
Quote
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

Quote
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.

Quote
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?

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