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#Post#: 39395--------------------------------------------------
Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 4, 2024, 6:15 am
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Hello all,
I received a PCN for driving down a street with a timed
restriction for schools. I appealed on the grounds that i
couldn’t see the sign as it was not positioned clearly in sight
for drivers entering the restricted road. I’m sorry i no longer
have the paper work for the original PCN.
I received an email receipt for my appeal informing me that the
PCN was on hold until they reviewed my appeal.
(Submission Date/Time: 05/07/2024 00:28:08)
After a long time had passed. I had received no further or email
correspondence or anything in the post. I thought it best to see
what if anything had been updated online. To my shock the fine
had been raised to £195, with no notice of my rejected appeal.
I immediately wrote to Camden who replied this morning:
‘I have had a look at your case notes and I can see that on the
9th of August the following letter was sent to your address;
“NOTICE OF REJECTION OF REPRESENTATIONS AGAINST PENALTY CHARGE
NOTICE”
You have to appeal to London Tribunals, PO Box 10598,
Nottingham, NG6 6DR’
I had received no such letter. Informed the parking depart at
Camden that this was the case. To which they replied:
‘ Hi Joshua.
I advise you to wait for the ‘Order of Recovery’ which is due to
be issued next week. You can then make an application to the
Traffic Enforcement Centre on the grounds that you didn't
receive the Notice of Rejection. Once they have accepted the
request we can revert the PCN back the status before the Charge
Certificate was issued. The other option is to pay the PCN.’
I’m happy to follow their instructions. However, I am worried
about the implications of the ‘order of recovery’, and also how
I can prove that I didn’t receive the notice of rejection from
Camden. Hopefully this will just be a straightforward scenario
where I send them a letter informing that no notice of rejection
had been received, and I will get the chance to review the
grounds of the originally rejected appeal, and decide whether to
pay the discounted fine or challenge the PCN at an independent
tribunal.
Does an ‘order of recovery’ mean I’m liable to a CCJ, or any
further penalties? How can I prove that no letter of rejection
was received ?
Thanks in advance for any help given on this topic.
JP
#Post#: 39401--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: stamfordman
Date: October 4, 2024, 7:42 am
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Have you had the charge certificate for £195 in the post?
Any problems with post - and was the PCN sent to the exact
correct address?
Camden is right - you need to wait for the order for recovery
and make a statutory declaration that you didn't get a rejection
- this will get the case referred to the tribunal.
You can't get a CCJ.
See process:
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
#Post#: 39403--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: John U.K.
Date: October 4, 2024, 7:54 am
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+1
Also see the appropriate guide from this list
HTML https://www.ftla.uk/announcements/
Please post the PCN first page (only redact yr name & address).
#Post#: 39415--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 4, 2024, 9:27 am
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Thank you.
I didn’t receive the PCN for a charge of £195 in the post, I
discovered that by looking up my PCN on the Camden website as I
hadn’t received any update.
I’m not necessarily going to challenge this rejection at a
tribunal if I don’t have appropriate grounds. I’d have to see it
first. I’m more concerned at not being able to pay it at the
discounted rate, which is normally the case if a PCN is
rejected.
The original PCN was indeed sent to the correct address. I
cannot post it as i no longer have it and haven’t been sent
anything in the post since. All I have received is an email
receipt of my initial challenge, and my most recent
correspondence with Camden.
#Post#: 39423--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: stamfordman
Date: October 4, 2024, 10:42 am
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Are you telling us everything?
You no longer have the PCN - why?
You haven't received two letters - rejection and charge
certificate.
#Post#: 39456--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 4, 2024, 3:04 pm
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Hi, yes I believe so.
I received the original PCN back in July, I may well have stored
away in a drawer but couldn’t find it on a first look yesterday
. It’s not unlikely it’s been thrown away.
Since then I haven’t received any further post or email contact
from Camden until I wrote them to follow up this morning.
#Post#: 39502--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 5, 2024, 12:05 pm
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In reference to this:
‘If the ground is that the Notice of Rejection or a decision
from the adjudicator was not received, the Enforcement Authority
must refer the statutory declaration to the adjudicator who will
decide what will happen next.’
Is the adjudicator independent or part of Camden council. This
seems to cast doubt on whether I will be able to revive the
initial rejection of my appeal and have an opportunity to
challenge it or pay the reduced fine/
Many Thanks again.
JP
#Post#: 39508--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: fraser.mitchell
Date: October 5, 2024, 12:38 pm
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All adjudicators in the UK are independent bodies that come
under the justice departments of the government concerned, so
can be considered "independent". That doesn't mean they are
necessarily totally logical; over the decades, (and some
adjudicators have been there for decades), we have seen
adjudicators ignore theie previous adjudications for an
identical case ! And some get it plain wrong. However there is a
Review process if the appellant considers the adjudicator has
failed in his duty to adjudicate fairly and according to law.
DO be aware, though that adjiudicators cannot accept appeals
based on mitigation; the High Court ruled on that quite some
time ago.
#Post#: 39513--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 5, 2024, 3:58 pm
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Thank so much for your detailed reply.
What I’m trying to understand is whether it’s straight forward
procedure to inform that the Traffic Enforcement Center after my
‘order for recovery’ comes through, that I didn’t not receive a
‘rejection of appeal’ letter/email or any further correspondence
after the initial PCN. Whether after sending this information
they will rescind the extra charges and give me the opportunity
to read the terms my rejection was based on, and chose the fight
on or pay the PCN at the original discounted rate.
From what I’ve read there seems to be an unpredictability about
this process, which seems unfair as the penalty fee was being
raised unbeknownst to me. As I was waiting upon further
correspondence after my initial appeal.
I hope this makes sense. Thank you again to all have helped me
on this topic. This forum is an amazing support.
#Post#: 39522--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: Enceladus
Date: October 5, 2024, 9:57 pm
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There's a guide for your situation here
HTML https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/.
Wait for the Order for Recovery which will raise the amount due
by the £10 court fee to a total of £205. Complete the Statutory
Declaration form which will be included. Tick the box that says
"I made representations about the penalty charge to the local
authority concerned within 28 days of the service of the Notice
to Owner/Enforcement Notice/Penalty Charge Notice, but did not
receive a rejection notice". Only tick the one box. Don't sign
the form as yet.
For the purposes of this form you are the respondent and the
Council is the applicant.
You need to have the SD witnessed. Sign the form in front of the
witness. This can be done FOC at any convenient County Court.
Phone and check opening hours and make an appointment if
necessary. Else a Solicitor can witness but will charge £5-£10.
Scan the completed and signed form to a PDF and attach it to an
email to the Traffic Enforcement Centre at Northampton County
Court. You should get an acknowledgement receipt within a few
minutes.
The TEC will process your SD and provided it was submitted
within the time limit the court will order the Order for
Recovery revoked and the Charge Certificte cancelled. The PCN
will not be cancelled. So you will be put back to where you were
when the Notice of Rejection went missing.
The case should then be referred to the independent adjudicator
at the London Tribunals for direction on how to proceed. Likely
the Adjudicator will order that the matter is to be heard as an
appeal or the adjudicator might order the Council to re-serve
the NoR.
If you lose the appeal then you would be liable for the full
penalty charge of £130. If you win then you pay nothing.
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