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#Post#: 39523--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: Neil B
Date: October 5, 2024, 10:11 pm
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--- Quote from: Enceladus link ---
>
> 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.
>
--- End Quote ---
But there are standing directions on this, issued by the
tribunal in 2016.
In a case where you didn't receive the rejection the the council
must send you a copy. You can then decide if you wish to proceed
to tribunal.
Where the standing directions fail is that that they don't
define if you can pay the discount if it had been offered in the
original rejection. It remains an interesting bone of
contention.
But at the moment you don't have any choice but to make the
Statutory Declaration, otherwise you will be liable for £205.
#Post#: 39528--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 6, 2024, 2:51 am
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Thanks again for the generous guidance. I will proceed as
recommended, and will keep everybody updated with my progress.
Ironically after not receiving a PCN for a long while (prior to
the one discussed), I received another one from another council
yesterday for exactly the same offense (driving through a
pedestrian zone). I will post about it in a separate topic. It’s
not easy to drive in London these days! It’s so easy to miss
these pedestrian zone signs, as they’re not often well
displayed…they feel like a really money making trap to be
honest. Often the roads they are placed on are completely quiet
during the controlled hours, not a pedestrian in sight.
#Post#: 40785--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 15, 2024, 2:24 am
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Hello,
I’m still yet to receive the order of recovery, however, I’ve
just read through another’s users post on a similar situation
that seemed to advanced unfavourably.
After sending his witnessed declaration that he had not received
´notice of rejection’, he was asked to prove he didn’t receive
post? How is it possible to prove such a thing?
#Post#: 40786--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: John U.K.
Date: October 15, 2024, 2:47 am
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--- Quote ---
> I’ve just read through another’s users post
--- End Quote ---
Please to provide a link to that thread.
#Post#: 40789--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: Enceladus
Date: October 15, 2024, 3:42 am
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Check the amount outstanding for the PCN on Camden's website. Is
it still £195 or has it risen to £205? The £10 difference is the
Traffic Enforcement Centre's registration fee and is an
indicator that the Order for Recovery has been authorised and
sent.
You cannot submit a Statutory Declaration or a Witness Statement
until the charge has been registered at the TEC. So long as the
SD is submitted within the time limit then the TEC will order
the OfR revoked and the Charge Certificate cancelled.
There's a guide here for your situation
HTML https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/.
PS.
Please post up the vehicle reg and the PCN number since you no
longer have the PCN.
#Post#: 40792--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: H C Andersen
Date: October 15, 2024, 3:54 am
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OP, as has been stated at least twice now, ifyou submit a SD to
the Traffic Enforcement Centre in time then the OfR and Charge
Cert WILL BE CANCELLED, it's the law.
As you now have another PCN you can see the relevant legislation
- it's printed at the top of page 1.
HTML https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
Invalid notices
7(1)This paragraph applies where—
(a)a county court makes an order under paragraph 6 above; [the
OfR]
(b)the person against whom it is made makes a statutory
declaration complying with sub-paragraph (2) below; and
(c)that declaration is, before the end of the period of 21 days
beginning with the date on which notice of the county court’s
order is served on him, served on the county court which made
the order.[submitting in proper form in time].....
.....
8)Subject to sub-paragraphs (3) above and (10) below[not
relevant here], where a statutory declaration is served under
sub-paragraph (1)(c) above—
(a)the order of the court shall be deemed to have been revoked;
(b)the charge certificate shall be deemed to have been
cancelled;
...
11)Where a declaration has been served under sub-paragraph
(2)(b) or (c) above[this is you], the enforcing authority shall
refer the case to the traffic adjudicator who may give such
direction as he considers appropriate.
Your actions now:
Contact the council to see if an OfR has been issued, if so
what's its date?
Alternatively, as said by others look online and check the
outstanding sum. If £205 then it's been registered.
Come back here with the answer.
Remember, 21 days. Don't forget, put it in a drawer,
procrastinate or otherwise!
#Post#: 40927--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 15, 2024, 4:53 pm
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Price is still at £195
Thank you for the further advice.
PCN : CU67521373
REG: YG69AVZ
#Post#: 43014--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: joshua.rowen.press@googlemail.com
Date: October 29, 2024, 4:55 pm
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Hi guys, statutory declaration form received.
Apologies in advance if this question has already been answered.
However, it’s a little unclear to me, and quite frankly the
issue makes me nervous.
I didn’t receive the notice of rejection. However, that doesn’t
mean that it wasn’t delivered. Potentially taken in confusion by
a neighbour, or accidentally thrown away by my cleaner.
I imagine the notice of rejection is delivered by Royal Mail
recorded delivery? What if this is the case and my declaration
is challenged? I’ll have no proof except my word against a
letter that may have well been delivered and lost/missplaced.
After all, the other correspondence arrived without issue (the
initial PCN and the latest document with the declaration form
attached )
Excuse me if this comes across as paranoia. I just don’t want to
risk the potential of this being escalated any further.
Thank you if you are able to offer any further assistance on
this subject.
#Post#: 43021--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: fraser.mitchell
Date: October 29, 2024, 5:12 pm
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Relax, this is not a murder trial ! All official correspondence
and statutory documents are sent by normal 1st Class post and
failure to arrive is commonplace in London. The plain fact is
you did not receive the Letter of Rejection, end of.
So all you now have to do is fill in the form, tick the box for
"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"
Nothing is needed in the "Reasons" box
Get it witnessed and sent off. Best to send via email.
Remember when filling in the form that the " Applicant" is
Camden Council, not you. You are the "Respondent".
#Post#: 43042--------------------------------------------------
Re: Camden council, notice of rejection not sent
DIR By: Enceladus
Date: October 29, 2024, 7:25 pm
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Just to add.
You can have your SD witnessed FOC at any convenient County
Court. Phone and check opening hours first and make an
appointment if necessary. Else a Solicitor or a Magistrate's
Court will witness but charge £5-10. Don't sign the SD until
you're in the presence of the witness.
Scan the completed Statutory Declaaration to a PDF file and
attach it to an email to the TEC. Put Statutory Declaration and
the PCN number in the email subject line. The email address is
on the SD form. You should get an acknowledgement receipt by
email within a few minutes. That way it won't be lost in the
post.
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