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#Post#: 22601--------------------------------------------------
Charge certificate cases under the Traffic Management Act 2004 -
no formal Notice of Rejection
By: ivanleo Date: May 15, 2024, 1:16 pm
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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
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 TE9 which you
can download from here:
HTML 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:
[indent]
"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."
[/indent]
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.
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