DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 52494--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: January 8, 2025, 12:04 pm
---------------------------------------------------------
[quote author=Incandescent link=topic=4018.msg52469#msg52469
date=1736356644]
It is a letter intended to intimidate you into paying by using
the words "County Court". People then panic and cough-up
thinking it means a CCJ. Well, it doesn't. In the enforcement
process of all PCNs, there is no possible prospect of a CCJ,
because this possibility was deliberately excluded from the
legislation. That is why there is the Traffic Enforcement
Centre.
My personal opinion is that such letters are unlawful but there
is no legal way of getting this accepted, it seems.
[/quote]
OK so what is my next step here?
#Post#: 52523--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: ivanleo Date: January 8, 2025, 4:33 pm
---------------------------------------------------------
[quote author=WaltWhite link=topic=4018.msg52494#msg52494
date=1736359456]
OK so what is my next step here?
[/quote]
Wait for the complaint outcome.
#Post#: 53205--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: January 13, 2025, 1:21 pm
---------------------------------------------------------
[quote author=cp8759 link=topic=4018.msg52523#msg52523
date=1736375632]
[quote author=WaltWhite link=topic=4018.msg52494#msg52494
date=1736359456]
OK so what is my next step here?
[/quote]
Wait for the complaint outcome.
[/quote]
This is the original reply to my stage 1 complaint:
Dear
Your case reference:
I am writing to acknowledge receipt of your complaint received
on 24 December 2024. I am sorry that you are unhappy with the
service you have received. The points raised in your complaint
will be considered under the first stage of the Council's
complaints procedure and you will be sent a response by 13
January 2025.
If there are any delays in providing you with a response we will
let you know.
.................................
So the latest is that I did not receive a response by today
(13th), or either an email informing me of a delay to
responding......
#Post#: 53207--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: ivanleo Date: January 13, 2025, 1:30 pm
---------------------------------------------------------
So send them a chaser.
#Post#: 53245--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: January 14, 2025, 4:05 am
---------------------------------------------------------
After chasing I have now received this response....
14 January 2025
Dear Mr
Your complaint 25459741
Thank you for your recent complaint received on 24 December
2024.
I am the Resolution Officer, and I am writing in response to
your complaint. Please accept my apologies for the delay in
responding. I have been liaising with the relevant team to
clarify a particular point.
I understand from your form that there are key aspects to your
complaint which to be resolved as follows:
Your complaint is regarding premature issuing of Charge
Certificate for PCN AF30026923.You want the Charge Certificate
to be cancelled so you can submit representation.
I have carried out a full review of all aspects of your
complaint, as noted above. I am sorry for the inconvenience this
matter may have caused. I have liaised with the Parking team and
also looked at parking records concerning this matter.
Please note, all PCNs have a statutory process. Unfortunately,
we are unable to deal with the PCN outside of the statutory
process. I noted from the records that the Parking team has been
in liaison with you in this regard and has given you appropriate
advise on 30 December 2024.
The extract below is from the email sent by the Parking team,
where they have asked you to wait for Order for Recovery to be
issued and explained the process thereafter.
“Please be advised you have stated you have not received prior
correspondence. Therefore, the next process is to wait for an
Order for Recovery to be issued, within the Order for Recovery
there will be a statutory declaration enclosed. There will be
three grounds on the form, one ground will apply to your
situation. Once actioned you must send the form to the address
outlined on the form. When the Traffic Enforcement Centre action
your paperwork, they will send us a revoking order, and yourself
one. You will be contacted by the local authority. The Penalty
Charge Notice will then be reset, and you will then have the
option to pay the reduced amount or make a representation
against the charge”
Regarding the concern about the premature issuance of the Charge
Certificate, records indicate that the PCN was posted on 14
November 2024(date of notice), and the Charge Certificate was
posted on 13 December 2024(date of notice). Therefore, there has
been no premature issuance of the Charge Certificate. The notice
dated 14 November 2024 states that if you fail to pay or make
representations before the end of period of 28 days beginning
the date of notice, an increase charge of £195 may be payable.
I note that Final reminder to Keeper has been issued on 6
January 2025 (see attached), the next notice to be issued is
Order for Recovery. Unfortunately, the Charge Certificate cannot
be cancelled, and you must follow the advice to resolve this
matter.
Based on my findings, I am not able to uphold this aspect of
your complaint.
This response covers Stage One of the Council’s complaints
policy. We take all complaints seriously and are committed to
getting issues resolved promptly and efficiently.
I trust that I have dealt with your complaint satisfactorily.
If, however you are not satisfied with my explanation, in some
circumstances we may consider a request that your complaint is
considered for a review.
You will need to
• tell us why you are unhappy with our decision
• include any new information or evidence that could support
your case, or highlight
anything that you do not feel has been considered when you made
your complaint • tell us what outcome you are seeking
A request for a review should be made within 20 working days. In
some circumstances, we may not escalate your complaint, however,
we will write to you giving our reasons for this.
If we accept your request for a review, a senior manager will be
appointed to reconsider your complaint and we will write to tell
you the outcome of the investigation within 20 working days.
Yours sincerely
----------------------------------------------------------------
----
As stated earlier in this thread, the Parking team appear to
have confused my case and given me contradictory advice.
They do not accept what is stated here about the Charge
Certificate being issued prematurely, preventing me from being
unable to send my reps on the 15th Dec
I cant take the risk of this building up and up.
What do I do now?
#Post#: 53248--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: ivanleo Date: January 14, 2025, 4:21 am
---------------------------------------------------------
[member=2453]WaltWhite[/member] make a stage 2 complaint, make
it very brief:
[indent]
Dear London Borough of Redbridge,
Both the parking team and the stage 1 complaints officer appear
to have got themselves in a muddle and have not understood my
complaint at all.
Firstly I am fully aware that a PCN cannot be cancelled via the
complaints process, but I am not asking for the PCN to be
cancelled, I am simply requesting that the statutory process be
followed correctly.
Secondly the parking team has advised that "Please be advised
you have stated you have not received prior correspondence",
this is not correct.
The problem I have is this: I *did* receive the penalty charge
notice AF30026923 which was dated 14 November 2024 and was
deemed served on 18 November 2024 (two working days after
posting), I was therefore entitled to 28 days to make
representations against the PCN.
If 18 November 2024 is day 1 then day 28 would be 15 December
2024, this means that by law I was entitled to make
representations at any time up to midnight on 15 December 2024
and the council was legally required to accept those
representations for consideration and to issue either a Notice
of Acceptance or a Notice of Rejection.
However when I attempted to make representations on 15 December
2024 the website informed me that the penalty had already gone
up to £195 and the right to make representations had been lost,
see the attached screenshot I took on 15 December 2024. This is
obviously wrong and the council illegally prevented me from
submitting representations.
It appears this is a technical issue with your website, which
does not calculate the 28 day cut-off time correctly. Owing to
this failing by the council I have been prevented from
exercising my statutory rights, that is what this complaint is
about and that is what I am asking you to put right.
Yours faithfully,
[/indent]
Attach a copy of the screenshot taken on 15 December and rename
it as "Screenshot taken on 15 December 2025 at hh:mm"
#Post#: 53254--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: January 14, 2025, 5:02 am
---------------------------------------------------------
Done.
Im worried about all this talk of a debt being registered at the
Traffic Enforcement Centre.
I dont want to have to declare in the future that I have had
debts registered somewhere when applying for anything...
#Post#: 53256--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: ivanleo Date: January 14, 2025, 5:04 am
---------------------------------------------------------
[member=2453]WaltWhite[/member] PCN debts do not appear on your
credit history nor anywhere else, an Order for Recovery is not a
CCJ and they do not have to be declared anywhere at all.
#Post#: 53288--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: January 14, 2025, 8:25 am
---------------------------------------------------------
[quote author=cp8759 link=topic=4018.msg53256#msg53256
date=1736852655]
[member=2453]WaltWhite[/member] PCN debts do not appear on your
credit history nor anywhere else, an Order for Recovery is not a
CCJ and they do not have to be declared anywhere at all.
[/quote]
Thank you [member=1]cp8759[/member] that is reassuring. Most
appreciated.
#Post#: 53293--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: fraser.mitchell Date: January 14, 2025, 8:47 am
---------------------------------------------------------
[quote author=WaltWhite link=topic=4018.msg53288#msg53288
date=1736864738]
[quote author=cp8759 link=topic=4018.msg53256#msg53256
date=1736852655]
[member=2453]WaltWhite[/member] PCN debts do not appear on your
credit history nor anywhere else, an Order for Recovery is not a
CCJ and they do not have to be declared anywhere at all.
[/quote]
Thank you [member=1]cp8759[/member] that is reassuring. Most
appreciated.
[/quote]
The legal process was deliberately set up to avoid the county
courts. That's why there is the Traffic Enforcement Centre. It
is a form of county court, but with no courtrooms, and no judges
too. Judges only become involved with reviews of TEC decisions.
Of course this hasn't stopped councils intimidating people by
putting 'county court' on their enforcement documents.
*****************************************************
DIR Previous Page
DIR Next Page