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#Post#: 33029--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: fraser.mitchell
Date: August 12, 2024, 3:38 am
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Follow HCA's suggestion on what to put in your reps.
#Post#: 33316--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: gawd1
Date: August 14, 2024, 2:28 am
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--- Quote from: H C Andersen link ---
>
> So it was in the post.
>
> You have NO procedural alternative other than to submit
representations ASP.
>
> 'Disregard' means what it says. You are asking them to
exercise discretion so IMO forget all about telling them their
signs aren't clear as this would be counterproductive.
>
> Perhaps..
>
> ...I don't know why I missed the signs because in the video
these seem to be quite clear. I have to apologise on two fronts:
first that I committed the contravention and second that life
events prevented me from submitting representations in time.
>
> Despite this, I would ask the authority to consider exercising
discretion confident that the deterrent purpose of penalty
charges has had its effect...(assuming you have a hitherto
unblemished PCN record with the council!)
>
--- End Quote ---
Whilst I have had an auto generated email saying my rep was
submitted I am yet to get any response whatsoever - we are now 6
days in from that?
Typically how long for them to reply?
Are they obliged to now I sent in my Rep after I got a cert
charge?
#Post#: 34494--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: gawd1
Date: August 25, 2024, 4:27 am
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--- Quote from: H C Andersen link ---
>
> So it was in the post.
>
> You have NO procedural alternative other than to submit
representations ASP.
>
> 'Disregard' means what it says. You are asking them to
exercise discretion so IMO forget all about telling them their
signs aren't clear as this would be counterproductive.
>
> Perhaps..
>
> ...I don't know why I missed the signs because in the video
these seem to be quite clear. I have to apologise on two fronts:
first that I committed the contravention and second that life
events prevented me from submitting representations in time.
>
> Despite this, I would ask the authority to consider exercising
discretion confident that the deterrent purpose of penalty
charges has had its effect...(assuming you have a hitherto
unblemished PCN record with the council!)
>
--- End Quote ---
I am really rather livid with this now.
Having submitted "reps" in line with what you said, I got a
response letter saying "you cannot appeal as a charge cert. has
been issued, you have no further right to appeal"
"you now have 14 days from the date of this letter (13 Aug) to
make payment of £105 for the PCN before the debt becomes
eligible for registration with the county court" So the
"deadline" appears to be the 27 Aug.
We can get a man to the moon but cant rescind a damn "fine" for
a genuine mistake on a road which wasnt clear in the slightest
to me otherwise I would not have proceeded down it!
I have questions:
What will happen on the 27th?
What happens if I don't pay by then?
What does registration with the county court mean? How long does
that take?
What typically would happen?
What are my options here please?
#Post#: 34497--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: fraser.mitchell
Date: August 25, 2024, 4:39 am
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Well, sorry, but looking back through the thread, it is your own
fault you are in this situation because you did not submit any
representations against the PCN within the 28 days allowed. The
council may at their discretion accept late reps, but having now
served a Charge Certificate are unwilling to do so, and they are
within their legal rights, sorry to have to say it.
So you are now liable for the £105. If no payment is made, the
the council will register the debt at the Traffic Enforcement
Centre, (TEC), adding £10 onto the £105, and serve an Order for
Recovery.
#Post#: 34500--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: gawd1
Date: August 25, 2024, 5:12 am
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My point is I have clearly said the reason, as pointed out, in
what seems a very sorry response etc. How can this be
challenged? What is the likelihood of succeeding? Is there any
point?
I saw nothing obvious to alert me or if there was, it was not
clear or obvious, certainly to someone who has not been down
that road before!
"
So you are now liable for the £105. If no payment is made, the
the council will register the debt at the Traffic Enforcement
Centre, (TEC), adding £10 onto the £105, and serve an Order for
Recovery. "
Would a CCJ be reached? How bad is that?
#Post#: 34507--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: fraser.mitchell
Date: August 25, 2024, 5:40 am
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--- Quote ---
> How can this be challenged? What is the likelihood of
succeeding? Is there any point?
--- End Quote ---
You can no longer challenge, because you didn't respond to the
PCN within the 28 days so the opportunity to submit reps was
lost. The process is laid down in law and regulations. It is
your own tardiness that has caused your situation, I'm afraid.
There is no prospect of a CCJ at all, but not paying will see
bailiffs at your door eventually.
#Post#: 34514--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: gawd1
Date: August 25, 2024, 6:08 am
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Bailiffs!?
Are you serious?
How does that ensue?
Can anyone else care to comment too?
#Post#: 34515--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: H C Andersen
Date: August 25, 2024, 6:16 am
---------------------------------------------------------
OP, here's the enforcement process for moving traffic
contraventions which should be self-explanatory:
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
Your Charge Certificate payment period has expired. The penalty
is now £105.
If you do not pay then the authority would apply to the Traffic
Enforcement Centre and get their permission to issue an Order
for Recovery. This would add a further £10 to the debt.
You have no grounds on which to submit a Statutory Declaration -
you can see the grounds in the link. Which means that if unpaid
the authority's next step would be to obtain authority to obtain
a Warrant of Control which they would give to bailiffs for
enforcement. Stage 1 adds a further £75 to your debt whereas
Stage 2 adds a further £235.
If you're livid now at the consequences of your error, you'd be
apoplectic if a further £320 was added.
Here's Schedule 12 of the 'Enforcement' Act:
HTML https://www.legislation.gov.uk/ukpga/2007/15/schedule/12
Here's a summary of the Taking Control of Goods(Fees) Regs:
HTML https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014
#Post#: 34517--------------------------------------------------
Re: PCN - wokingham borough council
DIR By: slapdash
Date: August 25, 2024, 6:24 am
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The process has been laid out. It has strict time limits, you
failed to meet them. This is the consequence.
Yes, bailiffs are what happens, at various escalating costs,
again the additions are laid out.
Eventually they remove your possessions.
The signs were plain and unobscured. Either you failed to see
them for some reason or you didn't understand their meaning and
chose to proceed regardless.
The timetable to follow should be on the documents from the
council.
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