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#Post#: 21377--------------------------------------------------
Charge certificates - London Local Authorities and TfL Act 2003
& London Local Authorities Act 1996 - no NoR
By: ivanleo Date: May 2, 2024, 5:54 pm
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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
HTML https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due
on
HTML 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:
HTML 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:
[indent]
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.
[/indent]
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.
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