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#Post#: 52311--------------------------------------------------
TFL replied to my appeal 5 months later
DIR By: traz
Date: January 7, 2025, 1:06 pm
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I received a PCN from Transport for London for the alleged
contravention of performing a prohibited turn (no right turn). I
appealed the PCN on 10 May and didn't hear anything from TFL
until I received a charge certificate on 22 November. I called
TFL and they said that they sent a notice of rejection on 15
October - which I didn't receive.
For arguments sake, even if a notice of rejection was sent,
that's more than 5 months since my initial appeal. Don't TFL
have a timeframe in which they have to send out a response?
PS I have now received the order for recovery, to which I
believe I have to fill in the PE3 form. I understand the advice
is to leave the "reasons" box blank but should I include the
fact that I Called TFL after receiving a charge notice and they
claimed to have sent a notice of rejection on the 15 of October.
Thanks
#Post#: 52314--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: Enceladus
Date: January 7, 2025, 2:19 pm
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Submit the Statutory Declaration form which was included with
the Order for Recovery. Tick the box that says you submitted
representations against the PCN and did not receive a Notice of
Rejection.
The PE3 SD will need to be witnessed. You can do this FOC at any
convenient County Court. Phone first and check opening hours and
make an appointment if told to do so.
Else a Solicitor can witness but will likely charge £8-10.
Scan the witness SD and scan it to a PDF. Attach the PDF to an
email to the Traffic Enforcement Centre at Northampton County
Court. The email address is on the SD form. Include the PCN
number in the email subject line.
#Post#: 52317--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: traz
Date: January 7, 2025, 3:06 pm
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Should I fill in the Statutory Declaration form instead of the
PE3 form? According to the letter the Statutory Declaration form
included in the Order for Recovery also has to be witnessed.
#Post#: 52320--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: Neil B
Date: January 7, 2025, 3:37 pm
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--- Quote from: traz link ---
>
> Should I fill in the Statutory Declaration form instead of the
PE3 .
>
--- End Quote ---
They are one and the same
#Post#: 52327--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: traz
Date: January 7, 2025, 4:27 pm
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Thanks.
On the PE3 form should I mention that I called TFL and they
claimed to have sent the notice of rejection on 15 October -
which is more than 5 months after I made the appeal.
And is this not grounds to have the PCN dismissed?
#Post#: 52336--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: fraser.mitchell
Date: January 7, 2025, 4:57 pm
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--- Quote from: traz link ---
>
> Thanks.
>
> On the PE3 form should I mention that I called TFL and they
claimed to have sent the notice of rejection on 15 October -
which is more than 5 months after I made the appeal.
>
> And is this not grounds to have the PCN dismissed?
>
--- End Quote ---
You do not need to enter anything in the 'Reasons' box.
For your information, TEC have no role in whether a PCN is
cancelled or not. All you are doing is telling them you did not
receive one of the statutory enforcement documents. This means
they will, on getting your SD, order the OfR and CC to be
cancelled, and the matter reverts back to the NtO stage at which
point you can submit reps against it, or pay it.
#Post#: 52345--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: traz
Date: January 7, 2025, 5:43 pm
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Thank you.
According to my research TFL have 56 days to respond to an
appeal before it is nullified. But over the phone the
representative from TFL was trying to convince me they have
unlimited time to respond.
#Post#: 52354--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: fraser.mitchell
Date: January 7, 2025, 7:16 pm
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The 56 days does not apply to your PCN because it was served
under a different Act of Parliament, but until you post the PCN
we don't know the exact one, (there is more than one !)
#Post#: 52357--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: Enceladus
Date: January 7, 2025, 7:50 pm
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There is no NTO (Notice to Owner) stage for your PCN. The
Traffic Enforcement Centre at Northampton County Court upon
receipt of your Statutory Declaration (SD) will order the Order
for Recovery to be revoked and the Charge Certificate cancelled.
The case should then be referred to the Adjudicator for
direction on how to proceed, if TFL still want to enforce. The
standing instruction from the Adjudicator is to re-serve the
Notice of Rejection (NoR) where one has been issued and then
lost in the post.
Upon receipt of the NoR you can either pay the PCN or appeal the
matter to the Adjudicator.
We can discuss this further when you actually receive the new
NoR, however at first sight I would then submit an appeal to the
Adjudicator. The Adjudicator is likely to find that five months
to issue and serve a Notice of Rejection is unreasonable, unless
there are very good reasons for the delay. And will order the
PCN cancelled.
#Post#: 52362--------------------------------------------------
Re: TFL replied to my appeal 5 months later
DIR By: H C Andersen
Date: January 8, 2025, 2:50 am
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OP, I don't want to hinder you doing what is the ONLY action
open to you which is to complete(including getting your
signature witnessed) the PE3 and then send to the Traffic
Enforcement Centre.
We give this advice so often that occasionally we might forget
an OP's level of knowledge.
Yours is practically zero, c'est la vie.
Therefore matters have to be particularised.
The 'they' in the previous post means the Traffic Enforcement
Centre, nothing to do with TfL. So make sure you understand the
difference.
The PCN won't be cancelled, it's the Charge Cert and OfR which
are. TEC will instruct TfL in whose court the ball will land. If
they want to continue then they must refer the matter to the
Tribunal(adjudicator) for direction.
But for the moment just complete the PE3, DO NOT SIGN YET,
arrange to get your signature witnessed at your local court(free
but might be delay) or solicitor(a small fee) at which point you
then sign, email to TEC and make sure it's in time.
Is this clear?
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