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#Post#: 35335--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: September 2, 2024, 9:49 am
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While I'm awaiting any further advice regarding the PE2 and PE3
statements, I am going to send out the following to both the
Information Officer (Sophie) and PTO regarding the exclusion of
crucial data from the SAR request:
--- Quote ---
> Dear Sophie Jordan–Dicey
>
> Thank you for your correspondence regarding the SAR and the
data enclosed therein.
>
> There appears to be missing information, however. The
following documents have not been sent:
>
> 1. Charge Certificate dated 08/06/2022 - This was the first
correspondence I received to make me aware of my PCN, to which I
made an online challenge/representation (attached acknowledgment
from City of London PTO). I no longer have the charge
certificate and require it.
> 2. The confirmation response to my challenge/representation
dated 20/06/2022 - I have attached the email reference from my
records. The fact that the Charge Certificate, listed above, and
this correspondence have not been included in the SAR data
concerns me that other data may have also been excluded.
> 3. Any notices and correspondence to your agents (including
CDER group) relating to me and the PCN.
>
> As previously communicated, my circumstances are such that an
informed submission to the Traffic Enforcement Centre (which may
only be submitted once and may not be amended) is predicated
upon receiving all relevant information. The absence of crucial
correspondence in the SAR data jeopardises the submission.
>
> The stay of action for the Civil Enforcement Agency CDer Group
has only been upheld until today, 02/09/24 as L. Burgess's
correspondence states (attached). I will request a further stay
of action due to the excluded data but urgently appeal for it to
be issued and a review of the SAR procedure to be undertaken.
--- End Quote ---
#Post#: 35337--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: H C Andersen
Date: September 2, 2024, 10:31 am
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Where's the Order for Recovery?
You notified them of a change of address in July 2022.
Did you move subsequently before the OfR was issued?
An OOT is a request to submit a late statement and therefore you
have to provide a compelling reason.
The OfR being wrongly addressed would be such a reason, but you
need proof i.e. a copy of the OfR and your notification to the
council of your address change.
#Post#: 35342--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: September 2, 2024, 10:52 am
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Documents:
- Response to my Challenge of the Charge Certificate
HTML https://drive.google.com/file/d/1xx8dfwhA5oD9pZgmkqjg-yGAyC0zHfy1/view?usp=sharing
- Order to Recover
HTML https://drive.google.com/file/d/1HCu0tNIrTB07w2Ccwa8yVOlj25Vkg7mO/view?usp=sharing
My first knowledge of the contravention was when I received a
Charge Certificate on 08/06/22 (missing from the SAR)
I made an online challenge/representation on 20/06/2022 to which
PTO acknowledged and responded by email.
I moved to a new address in July 2022. I unfortunately didn't
notify them of a change of address. However, I had access to
post at my old address for at least another 3 months but they
only sent the Order for Recovery in November 2022. It's
noteworthy that they said "We aim to deal with all enquiries
within 15 working days (3 weeks)..." on 20/06/2022. Surely a
response time of 5 months is unreasonable?
#Post#: 35349--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: H C Andersen
Date: September 2, 2024, 11:34 am
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Pl stop referring to Order to Recover. There is no such notice.
And pl stop posting a letter dated Nov. 2022 as if it was an
OfR. It is not.
Where is it and to what address was it sent?
They've responded to your SAR therefore it should be in the
bundle.
#Post#: 35354--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: September 2, 2024, 12:17 pm
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Apologies, HC Anderson, I posted the wrong link with the
description.
Here it is:
Order for Recovery
HTML https://drive.google.com/file/d/1HCu0tNIrTB07w2Ccwa8yVOlj25Vkg7mO/view?usp=sharing
I've redacted the address for my privacy, but it is the old
address. The one I moved from in July 2022.
#Post#: 35385--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: H C Andersen
Date: September 2, 2024, 4:12 pm
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Perhaps an OOT along the following lines...
On *** I was contacted via text message by enforcement agents
acting on behalf of the Claimant, City of London Corporation,
regarding a postal PCN issued under the London Local Authorities
Act 2003 in May 2022.
I had not received the PCN and therefore in June 2022 the
authority issued a Charge Certificate to which I responded
immediately. I received an automated response stating that the
authority's normal practice was 'to respond within 15 days,
although we might take longer during busy periods'.
They must have been busy because 15 weeks later I received a
reply which in essence stated that I should wait for them to
issue an Order for Recovery following which I could submit a
Statutory Declaration to yourselves.
I therefore waited, and waited, and waited. In effect life
events took over and I had also moved house before the authority
issued the OfR on 29 November 2023. I repeat, 29 November 2023,
virtually 1 year to the day since stating in their last letter
'please do not reply to this letter but await the Order for
Recovery which will be issued in due course'.
I submit that the authority's actions have been neither fair nor
reasonable in this matter and that their inexcusable delays have
prejudiced my position to such an extent that I am now reliant
upon your offices to reset the matter to at least provide me
with a fair opportunity to challenge the PCN.
I respectfully ask that you accept my late Statutory Declaration
for the reasons given above.
The above details were obtained pursuant to a Subject Access
Request submitted by me immediately after being contacted by the
authority's agents and are attached.
Wait for comments.
#Post#: 35490--------------------------------------------------
Re: BAILIFF NOTICE: City of London, Code 52M vehicle in
bus/bicycle-only zone, Cornhill
DIR By: Rufeus
Date: September 3, 2024, 10:20 am
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Thank you for your input, HC Anderson.
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