DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 52894--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: fraser.mitchell
Date: January 10, 2025, 1:37 pm
---------------------------------------------------------
--- Quote from: Haveringresident link ---
>
> I've had a quick look at the PE3 and I believe the box that I
would tick would be I made representation ............etc but
did not receive a rejection notice.
>
> I would still need to give a reason for appeal the PCN
> Is this also correct? - get it signed before a commissioner
of oaths, such as a solicitor, Justice of the Peace, or a County
Court officer?
>
--- End Quote ---
What you are doing has absolutely nothing to do with the alleged
contravention on the PCN itself. All you are doing is telling
TEC that you followed the process by submitting representations,
but received no notice of rejection. TEC then order the CC and
OfR to be cancelled and the matter reverts to the PCN stage. AS
you submitted reps the council must pass the matter to the
adjudicator for a decision.
#Post#: 52898--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: Haveringresident
Date: January 10, 2025, 2:51 pm
---------------------------------------------------------
Thanks.
I'll wait for it to come through and ask for further advice
Not really sure why it needs to be signed off by a solicitor etc
though.
#Post#: 52902--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: H C Andersen
Date: January 10, 2025, 3:17 pm
---------------------------------------------------------
IMO,
(2)The statutory declaration must state that the person making
it
(a)did not receive the penalty charge notice in question;
(b)made representations to the enforcing authority under
paragraph 1 above but did not receive a notice of rejection from
that authority; or
(c)appealed to a traffic adjudicator under paragraph 4 above
against the rejection by that authority of representations made
by him under paragraph 1 above but had no response to the
appeal.
served.
(10)Where
(a)sub-paragraph (7) above applies; and
(b)the order of the court is deemed to have been revoked under
sub-paragraph (8) above,
...
(11)..a declaration has been served under sub-paragraph (2)(b)
or (c) above, the enforcing authority shall refer the case to
the traffic adjudicator who may give such direction as he
considers appropriate.
When your SD is accepted by TEC and the CC and OfR cancelled
(under the grounds that you made reps but did not receive a
response) then the burden is on the authority. The matter does
not revert to the PCN stage.
#Post#: 53964--------------------------------------------------
Re: Contravention code 53J – Havering – entering
school zone
DIR By: Haveringresident
Date: January 18, 2025, 12:21 pm
---------------------------------------------------------
ORDER OF RECOVERY RECEIVED
Sorry - trying to keep as short as poss.
Outlining details in brief so far, as I’ve now received
the Order of Recovery (after waiting six months!)
Date of PCN 7 June 2024
Up until now this is what has been advised (this may not apply
at this stage as I believe I have to say that I made
representation)
“The website ground along gives you an almost certain win
as the grounds listed on the council website are all wrong:
ground F, G and H on the council website are all inapplicable.
Add this with the council's likely inability to supply a copy of
your video to the tribunal, and you've got them on two grounds
(if they can't supply a copy of the video you send with the
representations, then that's a failure to supply a true copy of
the representations and that alone will win the day)”.
Above done & sent 24hr tracked & signed on 3 July (Royal Mail
didn’t deliver & was lost- taken up with RM).
9 July hand delivered letter & other sets of CD’s to
council.
Video evidence of arriving and handing over.
Not received and now say it is lost!!
Received letter 22 July – no representation –
increased charge of £195
Regularly contacted TEC on a weekly /10 days basis until I
finally received a response from the council 10 January, that I
should receive Order of Recovery by 17 January.
Advised: “TEC then order the CC and OfR to be cancelled
and the matter reverts to the PCN stage. AS you submitted reps
the council must pass the matter to the adjudicator for a
decision”.
Received today so I am assuming I send the PE3 saying I made
representation with all the details I stated about RM and hand
delivery etc.
I then have to get it signed by a solicitor etc and send the
signed form to TEC in Northampton.
Signed and tracked again?
Thanks again
#Post#: 54389--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: Haveringresident
Date: January 21, 2025, 2:47 pm
---------------------------------------------------------
Sorry - know you guys are very busy - need to submit Order or
Recovery for PE3 - " I made representations etc.... and disn't
wwant to mess up the wording
Ta
#Post#: 54403--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: fraser.mitchell
Date: January 21, 2025, 4:29 pm
---------------------------------------------------------
Is your PE3 in or out of time ? In-time submissions don't need
any text in the Reasons box, you just need to tick the box that
matches your case.
#Post#: 54408--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: Haveringresident
Date: January 21, 2025, 4:35 pm
---------------------------------------------------------
I received the Order of Recovery on Saturday 18th and as I am
going to be ticking the box that says that I made
representations but didn't receive a rejection notice and the
PE3 states underneath- My Reasons are (give full reasona)
Without a reason I am not sure why it would need to be signed
off legally?
#Post#: 54421--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: fraser.mitchell
Date: January 21, 2025, 5:06 pm
---------------------------------------------------------
--- Quote from: Haveringresident link ---
>
> I received the Order of Recovery on Saturday 18th and as I am
going to be ticking the box that says that I made
representations but didn't receive a rejection notice and the
PE3 states underneath- My Reasons are (give full reasona)
>
> Without a reason I am not sure why it would need to be signed
off legally?
>
--- End Quote ---
You don't need to enter reasons, just tick the relevant box.
#Post#: 54425--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: Haveringresident
Date: January 21, 2025, 5:23 pm
---------------------------------------------------------
Ok thanks. Wasn't clear on the form.
Also council have already confirmed that they couldn't find my
hand delivered representation and that it was lost in transit
#Post#: 55280--------------------------------------------------
Re: Contravention code 53J Havering entering school zone
DIR By: Haveringresident
Date: January 27, 2025, 4:17 am
---------------------------------------------------------
Can't believe the council. My order of Recovery hadn't been
registered with TEC so they told me not to send it. I had
already been to the solicitor and paid for it to be signed.
I informed the council and there was a problem with their system
so I have now received another Order of Recovery which again
will need to be signed by the solicitor!!
Unbelievable.
*****************************************************
Page 8 of 11
DIR Previous Page
DIR Next Page