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#Post#: 70713--------------------------------------------------
Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 9, 2025, 12:10 pm
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Hi,
I would be grateful if someone could advise me. I have received
an order for recovery of unpaid penalty charge. I have received
it in the post just a couple of days ago and the charge is for a
ticket from 2020! It is from Ealing Council. I found out that
local authorities can enforce these for six years and I am just
so frustrated. Is there any way around this? The charge is £90
with an additional court registration fee of £10. Also, I don't
have that car any more.
Thanks for reading
Max
#Post#: 70717--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: John U.K.
Date: May 9, 2025, 12:33 pm
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For meaningful advice please to have a read of
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post up here all sides of the order (only redact name &
address - leave all else in)
.
#Post#: 70719--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Enceladus
Date: May 9, 2025, 12:35 pm
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Please a look at the instructions in the sticky post at the top
of the forum READ THIS FIRST - **BEFORE POSTING YOUR CASE!**
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/.
Please post up the Order for Recovery that you have received.
Redact your name & address and leave everything else visible.
Is your name and address on the document 100% correct?
Is this the first you've heard of the matter or did you receive
a PCN at the time?
#Post#: 70726--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: fraser.mitchell
Date: May 9, 2025, 1:37 pm
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Just remember that the council have a duty of acting fairly. On
the face of it, chasing a PCN 5 years after it was served seems
to me to be failing in that duty.
However, as you've just received this OfR, you need to
immediatly submit either a Witness Statement, or a Statutory
Declaration, to TEC. Which one depends on what the original PCN
was served for.
So please tell us more, (a lot more !!).
#Post#: 70921--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 11, 2025, 10:51 am
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Hi everyone,
Thank you all for replying to my post, I appreciate your time!
- The name and address are 100% correct.
- Here is the link for photos (sorry for the multiple links -
as I write this post the links are not active, perhaps they will
become live when i post this):
HTML https://imgur.com/a/kLwaLPL
HTML https://imgur.com/a/kLwaLPL
HTML https://imgur.com/a/kLwaLPL
- Offence code:
19s Offence Parked in a residents' or shared use parking place
or zone with an invalid virtual permit or displaying an invalid
physical permit or voucher or pay and display ticket, or after
the expiry of paid for time
- The issue that frustrates me is that I have no recollection of
receiving this PCN because it is from such a long time ago. Even
if I had received it - its extremely unlikely that I would
ignore a Council PCN because I know that it can very quickly
turn into hundreds of pounds and beyond, if neglected. So, how
is it that the charge is £90 ... so over five years it has not
escalated and remained at £90? And why is it £90 I was under the
impression the charges are originally £65 or £80 and then
doubled if you have not paid within the two weeks.
Thank you for your time and effort everyone.
Max
#Post#: 70925--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: stamfordman
Date: May 11, 2025, 11:14 am
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This is a lower level PCN in what was a band B London area so
was the lowest possible London PCN penalty of £60 or £30 at
discount. A charge certificate added £30 to £60 = £90 and £10 is
the debt registration fee.
Ealing rebanded to band A since your PCN and recently (7 April
last month) penalties increased by £30.
So you are missing a notice to owner (NTO) and a charge
certificate and you can make a witness statement that you didn't
get the PCN (NTO) if that is indeed the case, which
automatically gets you back to NTO stage.
Ealing has form in late processing of PCNs and you should be
able to get this cancelled.
#Post#: 70927--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 11, 2025, 11:40 am
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Hello Stamfordman,
Thank you for your prompt reply and for explaining the charge
breakdown.
I have not received those other documents you have mentioned. Of
course, I will now fill out and submit Form TE9 stating I have
not received the PCN. Are you saying that I can probably get the
added charges withdrawn and will have to pay the original PCN,
or that, there is a possibility of having the PCN cancelled
altogether? If, I can have it cancelled altogether, what should
I do? Will submitting the Form TE9 be enough?
Many thanks
#Post#: 70930--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: stamfordman
Date: May 11, 2025, 12:00 pm
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What happens is that it all gets cancelled but Ealing can serve
you with a new NTO for £60.
Then you can make reps saying this way too late. They may
accept, reject offering the £30 discount, or reject with no
discount; in either rejection case you can register a tribunal
case to point out the tardiness.
HTML https://i.ibb.co/mCB5fLyt/Screenshot-2025-05-11-at-17-54-35.png
HTML https://i.ibb.co/jZgyX4Qh/Screenshot-2025-05-11-at-17-54-05.png
#Post#: 70939--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: H C Andersen
Date: May 11, 2025, 12:36 pm
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OP, as stamfordman has set out you MUST submit your witness
statement to the Traffic Enforcement Centre.
This has nothing to do with the contravention, it is purely a
matter of procedure. You do NOT have the opportunity to
embellish your WS, you simply tick a box and sign.
So, would the council issue a fresh NTO? If so, how would you
compile your reps?
You need facts in the form of copies of the notices issued to
you.
So, at the same time as you submit your WS submit a Subject
Access Request to the council for copies of the notices and
correspondence which underpin their claim.
HTML https://www.ealing.gov.uk/downloads/download/2364/subject_access_requests
#Post#: 70943--------------------------------------------------
Re: Order for recovery of unpaid penalty charge
DIR By: Max1111
Date: May 11, 2025, 12:53 pm
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Thank you very much Stamfordman and H C Andersen.
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