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#Post#: 97966--------------------------------------------------
Brighton Charge Certificate restricted road parking/unloading
By: dahliafield_d11 Date: November 13, 2025, 6:46 am
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Good afternoon,
We have just received Charge Certificate, this first ever from
Brighton Council. Appologies, if the layout of my message here
is messy. I can't figure out how to make it tidy.
The picture on the council's website reminded me so much of Joe
Lycett's parking ticket story.
First of all, we never received the first issue by post. The
only letter we have is the one below, which marks the oustanding
amount being £105!
[img width=1000
height=1333]
HTML https://cdn.imgpile.com/f/9kFDPXW_xl.jpeg[/img]
[img width=1100
height=1466]
HTML https://cdn.imgpile.com/f/SFaj3JN_xl.jpeg[/img]
[img width=1100
height=1466]
HTML https://cdn.imgpile.com/f/gljGUNc_xl.jpeg[/img]
[img width=1100
height=825]
HTML https://cdn.imgpile.com/f/ivwhAEN_xl.jpeg[/img]
How do we prove that the first one was never received in a
situation like this? I also found the council's website states
Postal PCN printed on 30/09/2025, does this mean that they may
never send it off until 11/11/2025?
Secondly, the picture of the alleged contravention only shows
double yellow line. There is no car parking on it.
Am I right in thinking we have a winning case on this one, given
the picture shows nothing of our car?
#Post#: 97971--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: stamfordman Date: November 13, 2025, 6:59 am
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Not a winning case - it's likely a postal PCN was sent because
you drove away before a windscreen PCN could be served. Did you
see the CEO?
But because you didn't get the PCN, you have an automatic way to
get it reset to this stage when they register the debt.
Are the name and address on the charge certificate correct?
#Post#: 97985--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: dahliafield_d11 Date: November 13, 2025, 8:16 am
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Many thanks for your speedy reply!
We did not see any CEOs. The fact that there is only one picutre
of the double yellow line and arguably, it can be any street's
double yellow line. Is this a reliable evidence for the council
to win the case, if we appeal?
The name and address are both correct.
How to get it reset to £70?
I really thought we had a winning case on this. Can I ask why
this double yellow line photo would be sufficient to prove our
car was there. Would there be other evidence hidden, but not
showing on their website?
#Post#: 98011--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: stamfordman Date: November 13, 2025, 10:37 am
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Pictures aren't necessary to enforce a parking PCN - the CEO's
notes are sufficient.
As to the PCN you don't have, an notice to owner would be wrong,
but a postal PCN correct if it was properly in preparation.
The PCN time is 18:30, the same as the picture.
As for the procedure, they register the debt with the Traffic
Enforcement Centre, at which point you send a form saying you
didn't get the PCN, and the debt process is cancelled but they
can reissue the PCN.
#Post#: 98023--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: H C Andersen Date: November 13, 2025, 11:28 am
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OP, we're not getting the full picture, but there's time for
this if the registered keeper follows advice and procedure.
At present, this has nothing to do with the driver or the
specifics of the contravention. What you are saying is that the
RK did not receive the postal PCN issued on 30 Sept. That's it
for now.
If the council wishes to pursue the matter, then please see
Order for Recovery and onwards here:
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process
If the RK follows this procedure* then a further PCN would be
issued by the council and then they could compile
representations.
*- we recommend that the RK checks the PCN status online, say
every 10 days starting in early December and when the charge
increases to £115 come back here, or when they receive an Order
for Recovery, whichever is the sooner.
#Post#: 98052--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: dahliafield_d11 Date: November 13, 2025, 2:32 pm
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Many thanks again for the answers! Sorry to be a pain. This
Charge Certificate is something we have never come across
before. The possibility of debt collection made my partner feel
very anxious.
My partner wants to make a representation as there is an option
on the council's website when we check the council's evidence.
May I ask if making a representation now (without waiting for
the debt register) will lead to some consequences?
Below is what I found on google:
"You've received a Charge Certificate because a Penalty Charge
Notice (PCN) wasn't paid, but you're claiming you never received
the original PCN. Wait for an Order for Recovery letter, which
will allow you to make a Statutory Declaration or Witness
Statement stating you didn't receive the PCN, according to
Newham Council and London Borough of Havering. If successful,
the original PCN will be reissued. "
May I ask if it is highly likely to get the orignal PCN reissued
to us after we make a statutory declaration or Witness Statement
or it's likely that the council may refuse to reissue the PCN?
If they do reissue a PCN, will us be given the 50% discount if
charge is paid within 14 days?
Many thanks again for being so helpful and patient!
#Post#: 98071--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: fraser.mitchell Date: November 13, 2025, 5:55 pm
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If you follow the process outlined by HCA and others here, you
will get the CHarge Certificate cancelled, and a new PCN sent to
you that you can pay at the discounted rate, or submit
representations.
BTW,don't let you or your wife be intimidated by the Charge
Certificate, which is seriously mendacious. In traffic and
parking contraventions where PCNs are served to car or by post,
county courts are NOT involved. In order to enforce PCN debts,
councils throughout the UK are obliged to register the PCN debt
at the Traffic Enforcement Centre based at Northampton. This is
a form of county court, but has no judges and no courtrooms. ALl
TEC do is register the debt (for £10 - added to your debt),
which then allows the council to send you an Order for Recovery,
which you can, of course, pay, but most people just submit a
WItness Statement (for PCNs under the TMA 2004), or a Statutory
Declaration, (for London-specific Acts like the LLA & TfL Act
2002).
There is no possibility whatever of a CCJ in any circumstances.
The legal process was carefully written way back in 1990 to make
sure CCJs could never be granted.
#Post#: 98208--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: dahliafield_d11 Date: November 14, 2025, 1:04 pm
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Thank you very much for the reassurance! It does give us some
peace of mind. From other people's posts, I saw someone
mentioned checking with the council on the 21st day after which
the Charge Certificate is issued. Is time of essence on this
case? I must keep this in mind, if it is critical to keep to the
deadline.
#Post#: 98214--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: H C Andersen Date: November 14, 2025, 4:34 pm
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Sorry, but you're coming back with questions which have already
been answered in the link.
Next steps
What happens next depends on the grounds for making the witness
statement.
If the ground is that the Notice to Owner was not received, the
Order for Recovery, Charge Certificate and Notice to Owner are
cancelled. The enforcement authority may then issue a new Notice
to Owner;
NB. a postal PCN is a Notice to Owner for these purposes.
Of course 'time is of the essence'. This is a regulated process
which follows strict deadlines e.g. 14 days in which to pay the
CC; 21 days in which to submit a WS following service of an OfR.
Time is important, but easily managed and not onerous or
something which should concern the RK unnecessarily. Just stay
alert.
#Post#: 98232--------------------------------------------------
Re: Brighton Charge Certificate restricted road parking/unloadin
g
By: Neil B Date: November 15, 2025, 5:29 am
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[quote author=H C Andersen link=topic=8757.msg98023#msg98023
date=1763054920]
*- we recommend that the RK checks the PCN status online, say
every 10 days starting in early December and when the charge
increases to £115 come back here, or when they receive an Order
for Recovery, whichever is the sooner.
[/quote]
The very earliest day on which the debt can be registered,
generating an OfR, is 27th November.
So HCA's estimate of December is realistic.
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