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#Post#: 9955--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: fraser.mitchell
Date: November 12, 2023, 1:21 pm
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Worry not, you haven't received the NtO, so don't pay the CC,
(the only option on it), but wait for the Order for Recovery,
issued after the council register the PCN with the Traffic
Enforcement Centre, then submit a Statutory Declaration that you
never received the NtO. The matter will then be reverted to NtO
stage at which point you can submit representations, (or pay of
course !)'
However, missing the Nto indicates a possible mail problem, so
you now need to be proactive, and at the end of the allowed
payment period on the CC, phone TEC every 7-8 days to enquire
whether the PCN has been registered. Once it has, you don't need
the OfR, you can submit the form straightaway, having downloaded
it from the TEC website. I think the form you need is TE9,
(Witness Statement). Others will confirm or correct me. Reember
when filling in the form, the "Applicant" is the council. You
are the "Respondent"
#Post#: 10222--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: ivanleo
Date: November 14, 2023, 3:57 pm
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You don't need to call TEC, you can simply check the amount
outstanding on the council website. You know it's going to be
accurate because they'll want to make sure that if you pay, you
pay the higher amount.
Once the 14 day charge certificate period has expired, check the
amount due at least once a week on
HTML https://parkingpayments.lbbd.gov.uk/3sc/
HTML https://parkingpayments.lbbd.gov.uk/3sc/.
As soon as it goes up
to £99 you can download form TE9
HTML https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf<br
/>and fill it in (no need to print, just type it out on your
computer and save), remember you are not the "applicant", the
"applicant" is the council.
Once that's done you can email it to tec@justice.gov.uk with the
PCN number in the subject line and both the Order for Recovery
and the Charge Certificate will be revoked.
The council will then re-issue the Notice to Owner, again don't
rely on the post just keep checking the council website. You'll
know the PCN is back at the Notice to Owner stage when the
outstanding charge changes to £60. At that point we will help
you draft a formal representation.
#Post#: 11452--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: November 28, 2023, 8:31 am
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I've received an outstanding payment reminder stating that a
full payment of £90 is required to the council within 7 days and
that it's my final opportunity before it goes to enforcement
agents.
I've been checking the fine constantly and it remains at £90
instead of £99.
[attachment deleted by admin]
#Post#: 11455--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: fraser.mitchell
Date: November 28, 2023, 9:01 am
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The legality of this letter has to be seriously questioned.
Certainly there is no "reminder letter" defined anywhere in the
legislation, (Act and regulations). The letter does no mention
the Order for Recovery, which is the last stage before bailiffs
can be instructed, indeed, the OfR stage offers a payment
option, albeit £9 more than the Charge Certificate stage.
You can safely ignore the letter as it is, (in my view),
unlawful intimidation. However, you must continue to be
proactive and continue to determine when the debt is registered
so you can submit your TE9.
#Post#: 11493--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: ivanleo
Date: November 28, 2023, 6:26 pm
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I think that letter is illegal and can be used in an appeal.
While in a moving traffic case such an argument would have no
merit, in a parking case regulation 2 of The Civil Enforcement
of Road Traffic Contraventions (Representations and Appeals)
(England) Regulations 2022
HTML https://www.legislation.gov.uk/uksi/2022/576/regulation/2
says:
[indent]
(2) A “procedural impropriety” means a failure by an enforcement
authority to observe any requirement imposed on it by—
[indent]
(a) the TMA 2004,
(b) the 2022 General Regulations, or
(c) these Regulations,
[/indent]
in relation to the imposition or recovery of a penalty charge or
other sum.
(3) For the purposes of paragraph (2) such a failure includes,
in particular, the taking of any step, whether or not involving
the service of any document, otherwise than—
[indent]
(a) in accordance with the conditions subject to which, or
(b) at the time or during the period when,
[/indent]
it is authorised or required by the 2022 General Regulations or
these Regulations to be taken.
[/indent]
Service of that letter looks to me like "the taking of any
step...otherwise than ...at the time or during the period
when... it is authorised or required by the 2022 General
Regulations or these Regulations to be taken".
This is because the regulations neither authorise nor require
service of that letter, so it is a procedural impropriety.
#Post#: 11505--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: John U.K.
Date: November 29, 2023, 1:59 am
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Barking has 'form' for this. See -
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barking-and-dagenham-53j-entering-a-pedestrian-zone-spurling-road-(dagenham)/msg11462/#msg11462
#Post#: 12647--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: December 18, 2023, 12:29 pm
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The payment remains at £90 online and every time I try to call
TEC i'm stuck waiting for a long time before it cuts out around
1 hr.
I haven't had any further letters.
#Post#: 12659--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: fraser.mitchell
Date: December 18, 2023, 4:52 pm
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As you will have gathered, B & D Council are a load of muppets
but we have to live with it. I am surprised you can't get
through to TEC, but the other key piece of info is the amount
outstanding. Once that gets to £99 it means they have registered
the debt and you can submit your statutory declaration.
The website Bailiff Advice Online lists two phone numbers for
TEC
HTML https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/about-the-traffic-enforcement-centre
See bottom of the page
#Post#: 13575--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: January 10, 2024, 6:49 pm
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I finally have an update on this.
The PCN online did not change to £99 but instead gave the
following:
"This Penalty Charge Notice is at a stage where payment can no
longer be made via this website. Please contact Parking Services
for details: parking@lbbd.gov.uk"
I have now sent the TE9 form (thanks cp8759) - hopefully I hear
back soon.
#Post#: 14838--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: February 2, 2024, 5:48 am
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I have received the new notice to owner.
What should I write in my appeal?
[attachment deleted by admin]
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