DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 14669--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Enceladus
Date: January 31, 2024, 9:12 am
---------------------------------------------------------
Please post up one of the "Notice of Enforcement". Just redact
your name & address and leave everything else visible. Does it
mention a fee of £75 because it sounds like a Bailiff notice?
You can't submit the SD until the charge has been registered at
Northampton County Court.
You should have received Orders for Recovery (of unpaid penalty
charge). These would have had the required SD forms attached.
Please confirm if these have been received or not?
No it won't affect your credit rating. But you need to get on
top of this or your bank balance is going to be hammered.
#Post#: 14672--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: January 31, 2024, 9:25 am
---------------------------------------------------------
It does indeed mention a £75 charge. Looks like this has gone to
the next step without me receiving the OfR and they have made an
enforcement order for bayliff.
See attached.
Now what can I do?
[attachment deleted by admin]
#Post#: 14673--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Enceladus
Date: January 31, 2024, 9:38 am
---------------------------------------------------------
You'll have to submit an out of time request to submit your SDs
late. One for each each PCN that's reached the bailiff stage.
However you'll have to have a good explanation as to where the
notices have got to. And Enfield are bound to object. I suggest
you seek help from Bailiff Advice Online
HTML https://bailiffadviceonline.co.uk/
who come highly recommended
on this forum and others.
The PCN can't be found on the Enfield site using the details on
the posted notice above. What are the PCN numbers (reference
numbers) for the other three notices you received?
Have you changed address since the March/April 2023?
Is the vehicle leased?
Is the V5c reg doc in the correct name and address?
#Post#: 14678--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: January 31, 2024, 9:52 am
---------------------------------------------------------
Well, this one has been really strange.
First of all we received two PCN for the same contravention in
May, which we immediately paid.
The after several weeks we received these 4 Charge Certificates,
relating to PCNs that we never received dating back to March /
April
Our argument is that we would have paid the PCN if we received
them, as we had paid the ones that we did receive. My wife only
became aware that there was this LTN once we did receive the
PCN.
Now I only have until 09 Feb to pay before they start sending
round bailiffs.
#Post#: 14680--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Enceladus
Date: January 31, 2024, 10:18 am
---------------------------------------------------------
--- Quote from: Andy6527 link ---
>
> Well, this one has been really strange.
>
> First of all we received two PCN for the same contravention in
May, which we immediately paid.
>
> The after several weeks we received these 4 Charge
Certificates, relating to PCNs that we never received dating
back to March / April
>
> Our argument is that we would have paid the PCN if we received
them, as we had paid the ones that we did receive. My wife only
became aware that there was this LTN once we did receive the
PCN.
>
> Now I only have until 09 Feb to pay before they start sending
round bailiffs.
--- End Quote ---
That's £1116 they want by the 9th Feb.
Is the name & address on all four of the Notices of enforcement
correct? Or anything odd or unusual?
What are the reference numbers from the three notices of
enforcement that you haven't posted up yet?
Do the reference numbers on all four of the notices agree with
the four Charge Certificates?
Is there any reason why your post might go missing? You are
missing 4 x PCNs and 4 x Orders for Recovery. That's eight items
of post and not really credible.
#Post#: 14681--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: January 31, 2024, 10:21 am
---------------------------------------------------------
I really don't understand, yes the references on the Charge
Certificates match the ones on the enforcement notices.
When I log onto they website as if to pay, I can see the
evidence, so they are legitimate, but just didn't receive those
PCNs.
There is nothing unusual about the address, and I haven't had
any other post go missing.
Not sure if they sent the Order of Recovery at all or just went
straight to enforcement?
#Post#: 14683--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Enceladus
Date: January 31, 2024, 10:53 am
---------------------------------------------------------
The Council can't jump straight to bailiff enforcement. First
they have to register the charge with the traffic Enforcement
Centre of Northampton County Court. Doing so adds a further £9
to the charge. Then they send you by post an Order for Recovery
(of unpaid penalty charge). This gives you 21 days to pay or you
can submit a Statutory Declaration.
Fail to pay, as is the case here, and the Council will apply for
a warrant to enforce the charge and then instructs a bailiff.
The bailiff has to send you a Notice of enforcement and they add
a charge of £75. The notice should give you 7 clear days to pay
up and that's where your at.
The bill is now £1116 and will rise a further £235 if the
bailiff visits on or after the 9th.
Or is there something you're not telling us?
The only way to attempt to stop the bailiff is to submit a
Statutory Declaration form PE3 and an application to submit an
SD out of time (ie late). One for each PCN. And the forms need
to be witnessed, FOC at any convenient County Court. Phone and
check hours first. However you need to have a good reason as to
why you are late.
I strongly advise you to contact Bailiff Advice Online
HTML https://bailiffadviceonline.co.uk/
PDQ and get professional
advice as to how best to complete the OOT applications.
Get the forms submitted and bailiff enforcement will be frozen
until the TEC makes a decision. That buys you several weeks.
#Post#: 14684--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: January 31, 2024, 10:59 am
---------------------------------------------------------
Your summary is about right.
After I received the Charge Certificates, I was waiting for the
Order for Recovery so I could submit the statutory declarations.
No idea why this has gone straight to enforcement, that's just
not right, now I have only one week to pay up.
I have been on hold with the TEC for the last hour, not
answering my call.
Even if I submit the late statutory declaration, will that get
processed in time to stop the bailiffs?
I have submitted a query to Bayliff Advice Online, awaiting
their response.
This is getting very frustrating and stressful. I would have
been happy to pay the original PCNs, as I did with the ones I
received.
Is this all out of the hands of the council now, is there any
point at this stage of talking to them?
#Post#: 14696--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Enceladus
Date: January 31, 2024, 12:36 pm
---------------------------------------------------------
08:00am to 17:00pm. Best try in the morning, I doubt if you'll
get through in the evening.
Make sure you contact the genuine Bailiff Advice Online
HTML https://bailiffadviceonline.co.uk/
and not one of the copycats
that come up on a Google search.
Ask the TEC when the debts were first registered and when were
the warrants granted and were the addresses ever changed. The
fact that you now have the bailiff Notices of Enforcement
suggests that warrants might be fairly recent. In which case
there's a long delay in progression from Charge Certs to
Bailiff.
Your big issue is what to put on the application to file an SD
out of time, form PE2
HTML https://www.gov.uk/government/publications/form-pe2-application-to-file-a-statutory-declaration-out-of-time.<br
/>BAO are the experts at that.
One hard to explain issue is that the missing PCNs and OfRs were
supposedly sent around 8-9 months apart.
You paid two other PCNs from last March. Check their reference
numbers. Do the Charge Certs and NoEs match either of the paid
PCNs? And were they also the same address as now?
Are all four NoEs for £279?
The most common reason why notices go AWOL is because people
forget or otherwise fail to update the Registered Keeper details
with the DVLA, so all the notices go to an out of date address.
Or people fail to update the lease or hire company with a change
of address.
#Post#: 14697--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: January 31, 2024, 1:01 pm
---------------------------------------------------------
Thanks, I did click the link provided above for BAO so hopefully
they get back to me with something.
On the normal Statuary Declaration form, you just tick the box
with the reason you are making the declaration, in this case
original PCN not received.
For a late SD, it's different form, and you are only asked the
reason for the late submission, in this case not having received
the RfO.
I still can't work out why these documents went "missing" makes
no sense. As I said, I received two, which I promptly paid, so
they must have all correct car and address details.
These Charge Certificates have different reference numbers to
the ones I paid.
Basically they are all in pairs, one for each direction once a
week on the same LTN. My wife used that route for work in a
school she did once a week, so there and back was two
contraventions. She did this for about three weeks, until we
received a PCN, which we paid and did not go that route again.
*****************************************************
Page 2 of 5
DIR Previous Page
DIR Next Page