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#Post#: 8190--------------------------------------------------
Enfield, 52M Failure to comply w/ prohibition of motor vehicles
- Order for Recovery (PCN wasn't received)
DIR By: pancho82
Date: October 23, 2023, 11:19 am
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Hello,
Posted this on pepipoo forum recently, but was kindly informed
that things are moving over here, so here it is again!
I received a Charge Certificate from Enfield Council, stating
that I have an increased charge of £195 to pay for a PCN issued
back in June. Problem is, I never received the original PCN, so
I had no chance to appeal or pay in the first place!
The contravention took place on the day I moved into a new house
(14/06/23). The PCN was sent out on 23/06/23, and the date on my
updated V5 with my current address is 21/06/23, so it should
have been sent to the correct address.
I was advised to wait until an Order for Recovery is issued by
the council so that I can submit a Witness Statement to the
Traffic Enforcement Centre, declaring that I never received the
PCN. Then the Charge Certificate should be cancelled and I will
be re-issued the PCN. Is that correct?
The 14 day period has now run its course, so I will contact the
TEC this week to see if the PCN has been registered with them.
Hopefully I can do this before the bailiffs turn up!
Any further advice? Or does this all sound ok? Any help is
greatly appreciated!
Thanks!
[attachment deleted by admin]
#Post#: 8207--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: fraser.mitchell
Date: October 23, 2023, 3:17 pm
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Bailiffs can only be instructed if there is no response to the
Order for Recovery. You are not, (yet !) in that situation, but
we always advise people with a CC and no prevous PCN/NtO, to
contact TEC at weekly intervals to check if the PCN debt has
been registered. Once it is, you can submit your WS without
having received the OfR. The form can be downloaded from the TEC
website, and for in-time statements, is a box-ticking exercise.
Dont't let the form fool you though, the "applicant" on the
form is the council, not you. YOu have to get the form
witnessed; free at the local county court or about £10 at a
solicitors.
#Post#: 8230--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: ivanleo
Date: October 23, 2023, 4:49 pm
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You need a statutory declaration rather than a witness
statement, this is done using form PE3:
HTML https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice
Please note although there is a "reasons" box, this must be left
black, you only want to tick the box to say that you didn't
receive the original PCN.
An alternative to the weekly calls to TEC is to keep checking
the amount due on the council website at
HTML https://parkingservices.itsvc.co.uk/enfield/notices/
because
once the debt has been registered, the amount due will jump from
£195 to £204, at which point you know you can go and get the
form sworn.
Don't post it, instead scan or photograph it and email it to
tec@justice.gov.uk with the PCN number in the subject line.
#Post#: 8232--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: pancho82
Date: October 23, 2023, 5:00 pm
---------------------------------------------------------
Ok thanks for the advice! Will keep checking the amount
regularly and will send the PE3 form once I see the amount has
increased. Thanks!
#Post#: 8238--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: ivanleo
Date: October 23, 2023, 5:21 pm
---------------------------------------------------------
--- Quote from: pancho82 link ---
>
> Ok thanks for the advice! Will keep checking the amount
regularly and will send the PE3 form once I see the amount has
increased. Thanks!
>
--- End Quote ---
Sorry if you've picked up on this already, but you must get the
form sworn either in court by a solicitor. Some people make the
mistake of just signing it and emailing it off and it just gets
rejected.
#Post#: 8241--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: pancho82
Date: October 23, 2023, 5:50 pm
---------------------------------------------------------
Ah yes, I'll make sure to do that thanks!
#Post#: 8248--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: fraser.mitchell
Date: October 23, 2023, 7:05 pm
---------------------------------------------------------
--- Quote from: pancho82 link ---
>
> Ah yes, I'll make sure to do that thanks!
>
--- End Quote ---
Sorry to use "Witness Statement".CP8759 is correct. The form is
PE3 and you only find out it is called a Statutory Declaration
when you open the actual form on the TEC website !
#Post#: 19764--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: pancho82
Date: April 15, 2024, 6:20 pm
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Is there a time limit on this process? I still haven't been
issued a with an Order for Recovery and have had no further
communication from the council at all. I don't really want this
dragging on - keep expecting bailiffs to turn up unannounced
some day!
Should I contact the council or just ignore the whole thing?
It's been 10 months since the contravention, and 6 months since
the letter they sent.
Thanks!
#Post#: 19765--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: fraser.mitchell
Date: April 15, 2024, 7:05 pm
---------------------------------------------------------
--- Quote from: pancho82 link ---
>
> Is there a time limit on this process? I still haven't been
issued a with an Order for Recovery and have had no further
communication from the council at all. I don't really want this
dragging on - keep expecting bailiffs to turn up unannounced
some day!
>
> Should I contact the council or just ignore the whole thing?
It's been 10 months since the contravention, and 6 months since
the letter they sent.
>
> Thanks!
>
--- End Quote ---
There is no time limit, but are you continuing to check whether
the PCN has been registered ? Might be worth contacting the
council to find out why they are being so dilatory.
#Post#: 19806--------------------------------------------------
Re: Enfield, 52M Failure to comply w/ prohibition of motor
vehicles - Order for Recovery (PCN wasn't received)
DIR By: pancho82
Date: April 16, 2024, 6:49 pm
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I've been regularly checking the council website to see if the
amount jumps from £195 to £204, as someone above has suggested.
It's still at £195 which I guess means it hasn't been registered
by the council? I need to contact them by phone by the look of
things, or I'll be stuck in limbo for the foreseeable!
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