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#Post#: 47911--------------------------------------------------
Bromley council. Charge Certif. PCN code 27, parked on Albemarle
road blocked with flower pot.no sig
DIR By: Justicenow
Date: December 2, 2024, 1:26 pm
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[member=1]cp8759[/member]
Hello, please can you advise kindly? I received a charge
certificate from Bromley council for parking on Albemarle road,
Beckenham in a part that is blocked with two flower pots,Google
map location 51.40762° N, 0.00383° W.
HTML https://goo.gl/maps/b9uM5abfgGHuWSr66
Dropped pin. There are no
signs or parking restrictions there. I didn’t get a PCN on
my car on the day, nor a Notice to Owner through the post. The
first communication about it was the charge certificate for £165
after the appeal time has passed. The supporting evidence PCN
details on council website shows 2 photos of my car parked but
no clear detail (block boxes not visible)and no PCN yellow
ticket on the windscreen. After receiving the Charge Cert., I
contacted the council through the online form and explained that
I have never received no PCN nor Notice to Owner. They responded
with a letter in post that I can’t appeal at this stage
and have to pay, however they reduced the amount to £110
removing the charge cert surcharge (£55). The letter says I have
14 days to pay or else. I responded again to say there was no
PCN, they once again sent me the same letter. I feel this is
extremely unfair, first because there was no contravention,
second - I have not received any comms about it before the
charge certificate arrived. All the letters and photo evidence
is
HTML https://ibb.co/f9hbd77
HTML https://ibb.co/t89FgXj
HTML https://ibb.co/JksXfrQ
HTML https://ibb.co/SvHrF72
HTML https://ibb.co/5vnyqtD
HTML https://ibb.co/rfhhqxy
HTML https://ibb.co/BP4qJdK
Please can you advise what could I possibly do at this stage?
Thank you for your help.
#Post#: 47920--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: stamfordman
Date: December 2, 2024, 2:58 pm
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As you don't get the NTO you can wait for the order for recovery
and make a witness statement that you didn't get it, which will
automatically result in them reissuing the NTO to which you can
make reps and you should at least get out of it owing only £55.
Are the name and address on the charge certificate correct?
#Post#: 47948--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: fraser.mitchell
Date: December 2, 2024, 4:32 pm
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+1
The council are being their usual obdurate selves, so if you
want to fight this, or at least get to a position of only paying
the discounted amount, (£55), you have to now ignore their
letter of 19th November, and wait for them to register the debt
at the Traffic Enforcement Centre. This adds £10 to the CC
amount, and they then send you an Order for Recovery.
Accompanying the OfR, will be a form to submit a Witness
Statement. You then fill this form in, and send it off to TEC.
TEC then cancel the CC and OfR and the process reverts back to
the NtO stage. You can then pay or submit representations. This
palaver is totally routine nowadays, so nothing to fear. It is
this, or pay the £110 they are demanding.
The PCN would have been served by a CEO to your car, as it is
for a parking contravention under the Traffic Management Act
2004. If they get no response to it, they then send a Notice to
Owner to the name and address on the V5 Registration Certificate
for the car. Presumably this is yourself ? As Stamfordman asks,
is the name and address on the CC correct and identical to the
name and address on your V5 ?
#Post#: 47949--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: ivanleo
Date: December 2, 2024, 4:35 pm
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--- Quote from: Justicenow link ---
>
> Please can you advise what could I possibly do at this stage?
>
--- End Quote ---
[member=3567]Justicenow[/member] please read the guide here:
HTML https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/
#Post#: 47953--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: Justicenow
Date: December 2, 2024, 5:23 pm
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Thank you,
The name and address are correct in the CC, however the line
with the name is misaligned and printed over another line, which
is the letter registration number or smth.
The car V5 is registered to myself, that’s right.
And, yes, I do wish to fight this unfair penalty. I believe that
there was no contravention in the first place. The other
motorists, who got a parking ticket at that same place
successfully appealed on the basis that this is not an active
road as it has been blocked by planters, hence the regular rules
do not apply.
I never received the Notice to Owner, which I should have
received before the CC, if I haven’t gotten the PCN. Is it fair
to request the proof of issuing either of those?
The fact that they reduced the originally claimed amount
straight away makes me think that they know it’s wrong but ask
me to pay anyway, in case if I cave in to avoid the whole
palaver.
Thank you very much for the info.
#Post#: 47959--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: fraser.mitchell
Date: December 2, 2024, 6:19 pm
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You can do nothing at all to fight the PCN until you have got
the process reverted to the Notice to Owner stage. So from this
point on you need to be proactive as per the info in the link
posted by cp8759.
#Post#: 48115--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: ivanleo
Date: December 3, 2024, 2:11 pm
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--- Quote from: Justicenow link ---
>
> I never received the Notice to Owner, which I should have
received before the CC, if I haven’t gotten the PCN. Is it fair
to request the proof of issuing either of those?
>
--- End Quote ---
You can ask whatever you want, but you'd be wasting your time.
If you want to fight this PCN, please follow the instructions in
the guide. I wouldn't ask you to follow those steps if I thought
there were an easier or quicker way to do this.
#Post#: 48159--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: Justicenow
Date: December 3, 2024, 4:37 pm
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Yes, of course I will be following those steps exactly as it’s
laid out in the guide. Thank you very much for this advice. I am
also trying to get a good understanding whether there was a
contravention in the first place, it’s seems very confusing
(probably on purpose) thank you again.
#Post#: 53558--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: Justicenow
Date: January 15, 2025, 7:02 pm
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Hello, following up again on my earlier post. Have finally got
confirmed that debt registered, so I submitted the TE9 form.
What next steps need to be followed after this? Need to make
sure I don’t miss any important milestones. Thank you for advice
#Post#: 54727--------------------------------------------------
Re: Bromley council. Charge Certif. PCN code 27, parked on
Albemarle road blocked with flower pot.no sig
DIR By: Justicenow
Date: January 23, 2025, 11:15 am
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--- Quote from: Incandescent link ---
>
> You can do nothing at all to fight the PCN until you have got
the process reverted to the Notice to Owner stage. So from this
point on you need to be proactive as per the info in the link
posted by cp8759.
>
--- End Quote ---
[member=1]cp8759[/member] [member=2249]stamfordman[/member]
Hello again,
I’m following up on my earlier case. As you advised before, I
followed the process to get to the stage of receiving the Notice
to owner and want to get it right from here on. Please can you
kindly advise how should I proceed further. I want to appeal the
code 27 contravention as this road is not a functioning road and
there are no signs or any lines/restrictions on the road and I
know that other people successfully appealed this kind of
contravention allegations and had the parking tickets cancelled.
Please could you help further? Today, I received the NTO with
the option to make an appeal. Thank you
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