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#Post#: 15475--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: February 12, 2024, 6:02 am
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Is it too late for me now, I have settled the debt now, not sure
what the compliance stage fee is.
If my OOT submission is denied, what happens next, and is this
capped at £75 per PCN?
#Post#: 15479--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Bailiff Advice
Date: February 12, 2024, 7:09 am
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The OP did contact me for assistance. Not receiving either the
PCN or the Order for Recovery is most unusual and it is now for
the council to consider his Out of Time Application.
The OOT forms were submitted to TEC by email on 1st February and
the 'cut of' date for making payment was 9th February. Even
allowing for delays at TEC, it should be expected that
enforcement would be have been placed 'on hold' by the 9th Feb.
Unfortunately, that did not happen and a visit was made today
(12th February).
The OP called TEC. They confirmed that they had received the
completed forms on 1st February but that they are currently
facing a 10 day delay in actually processing applications.
As TEC is part of the Northampton Court system, this is frankly
a shocking situation and will cause a significant injustice to
any motorist receiving a Notice of Enforcement (or visit etc).
Just to confirm, if a motorist is forced to make payment, he
will receive a full refund if a Out of Time Application is
accepted. The local authority would re-issue the PCN allowing
for payment to be made at the earlier discounted rate.
Bailiff Advice Online
HTML https://bailiffadviceonline.co.uk/
#Post#: 15482--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: H C Andersen
Date: February 12, 2024, 8:35 am
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HTML https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014
In simple terms:
Warrant issued; passed by council to bailiff for enforcement.
Enforcement occurs in two main stages:
1. They write to the debtor and give them 7 clear days to pay:
£75 (Compliance Stage Fee) is added to the debt for this
service;
2. If payment is not made then an enforcement officer may visit
the premises with a view to taking control of goods and add a
further £235 Enforcement Fee for their time and trouble.
So, a likely council penalty of circa £200 pre-bailiffs is then
dwarfed by £310 of fees.
There is no purpose served by not paying a Notice of
Enforcement, one just increases the downside risk without
changing the likelihood of paying.
#Post#: 15483--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: February 12, 2024, 8:48 am
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Ok, thank you, I understand.
I was hoping, and had been told somewhere that there was a four
day working time for TEC to review the SD and contact the
council to put hold to the enforcement order. This was however
incorrect, the processing time by the TEC is 10 days, so would
not happen in time to stop the bailiff.
The total of the cost being recovered pre-baliff was £1,100 so
not a small amount, thankfully, they only charged one off £235
for the "visit" rather than £235 per PCN.
#Post#: 15485--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: H C Andersen
Date: February 12, 2024, 8:54 am
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thankfully, they only charged one off £235 for the "visit"
rather than £235 per PCN.
I think that when enforcing several warrants simultaneously
they're only allowed to levy one enforcement fee.
..It is important to note that if the enforcement agent is
enforcing more than one debt, he should only charge one
‘enforcement stage’ fee. He should’t apply ‘multiple’ charges.
#Post#: 15635--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: February 14, 2024, 3:26 am
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I contacted Enfield Council by email setting out the details of
the case so far, explaining that I had made a Statutory
Declaration via the TEC.
I received an automated message from the Council saying that the
relevant notice would be put on hold at is current amount until
they respond, however, they go on to say that if payment is
received before we respond to your correspondence the Council
will consider the matter closed.
Does that mean, because I have paid the baliff already, the
council will not take this any further and close the case?
I had to pay the bailiff under duress, on the understanding that
if I win my case, any money paid would be refunded.
#Post#: 15647--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: H C Andersen
Date: February 14, 2024, 10:04 am
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We've no idea what transpired during this exchange.
Does that mean, because I have paid the baliff already, the
council will not take this any further and close the case?
No, as already explained. If your application to TEC is accepted
then TEC would cancel the OfR(the warrant therefore falls away)
and direct the council to cancel the Charge Certificate and PCN.
See paragraph 7 here:
HTML https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
The council could serve a new PCN. I think they're only
obliged to refund all monies paid in excess of the initial
penalties but if you made successful reps even these would be
refunded.
#Post#: 15648--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: February 14, 2024, 10:43 am
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Nothing really transpired during the exchange, I just emailed
the parking team at Enfield Council the facts of the case as per
what has been discussed here in the way of additional background
information for when they recieve anything from the TEC.
The response claims be be an automated response, rather than any
dialogue with an actual person at the council. Basically
standard working saying that the information would be added to
the case notes, and in the meantime the notices will be frozen
at the current ammount. It said that this could take up to 56
days.
I was just concerned about the wording around if payment had
already been made, as is the case, as I was pressured by the
bailiff to make payment on the spot, and the council would close
the case.
Would the council not then see this as a final payment of all
outstanding money and therefore close the case as completed?
I can log onto the parking website, and the PCN is still active,
the option to make a payment has disappeared, and it does say
the the council have received additional information in relation
to the PCN, so looks like it has not been closed yet.
#Post#: 16326--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: ivanleo
Date: February 26, 2024, 3:54 pm
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--- Quote from: Andy6527 link ---
>
> Basically standard working saying that the information would
be added to the case notes, and in the meantime the notices will
be frozen at the current ammount. It said that this could take
up to 56 days.
>
--- End Quote ---
That's just standard wording that applies to in-time
representations, it does not have any application for a PCN
that's progressed to OfR and beyond.
#Post#: 83132--------------------------------------------------
Re: Received Charge Certificate but not PCN
DIR By: Andy6527
Date: July 28, 2025, 9:15 am
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Hi, I know this is resurrecting an old thread.
Basically, this process didn't work for me, and I'm not sure how
it could work at all.
In the end, Enfied Council just sent their side of it to the
court and stated that they sent out the PCNs, and that's the end
of it. Of course the court took the council's side, I lost and
had to pay up.
At the end of the day, the council will always say they sent out
the PCNs, and the courts will always take the councils word over
mine, so there was no point in going through the entire process.
This has come back to my mind recently as the other week I got
flashed by a traffic light camera, and I am waiting for the NIP
to arrive. The 14 days are nearly up and I have not received
anything, so now I'm worried, what if this happens again and I
do not receive anything?
Is there anything I can do in the meantime if I think I have got
a ticket but not received a NIP?
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