Thread: Reissue of a Charge Certificate

I have seen it mentioned on various threads that there is a time limit [six months] after which Councils should not
send out another Charge Certificate -in this instance because the original was invalid.
As over a year has elapsed since the pcn was issued, is that grounds for appeal?

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When the first was cancelled, did they issue a new NTO and then what happened?

If they sent an NTO, you appealed, lost, went to the adjudicator, lost and then failed to pay that could easily take a year.

The first was invalid, and they admitted it was. But not before taking her to
Court and then sending bailiffs round. Eventually after filling out Statutory decs
[PE2 & PE3] it was handed back to the Council who then sent out a new
Charge Certificate, with scarcely a mention about the way they had harassed
her when they should have done nothing of the kind as their document was
invalid.
The pcn has not been to Patas at all, but in the light of the way she has been treated [not only by the Council but by the bailiffs ] is there any grounds for appeal on that side. I had thought that the reissue of the Charge
Certificate being over a year might have been a reason.
Otherwise, the Council and the bailiffs get off scot free as the whole thing has gone back to square one and all their past misdemeanours are scrubbed?

Originally Posted by lookinforinfo

The first was invalid, and they admitted it was. But not before taking her to
Court and then sending bailiffs round. Eventually after filling out Statutory decs
[PE2 & PE3] it was handed back to the Council who then sent out a new
Charge Certificate, with scarcely a mention about the way they had harassed
her when they should have done nothing of the kind as their document was
invalid.
The pcn has not been to Patas at all, but in the light of the way she has been treated [not only by the Council but by the bailiffs ] is there any grounds for appeal on that side. I had thought that the reissue of the Charge
Certificate being over a year might have been a reason.
Otherwise, the Council and the bailiffs get off scot free as the whole thing has gone back to square one and all their past misdemeanours are scrubbed?

why was the charge cert invalid

it was worded wrongly

Originally Posted by lookinforinfo

it was worded wrongly

was it the lukah wording coz i think this invalidates the whole ticket I dont think they can just cancell and reissue.

Originally Posted by nero12

was it the lukah wording coz i think this invalidates the whole ticket I dont think they can just cancell and reissue.

Paragraph 7 of Schedule 6 of the 1991 Road Traffic Act states:
"Where a Charge Certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served."

Therefore the Charge Certificate doesnot comply with Paragraph 7.
Chief Adjudicator, Caroline Sheppard
Lukha v Aylesbury Vale

That was how it was worded and the Council seem to think they can reissue
a new one-well they already have. There does not appear to be anything in the Lukha case that would prevent them from issuing a new Charge Certificate.

Originally Posted by lookinforinfo

That was how it was worded and the Council seem to think they can reissue
a new one-well they already have. There does not appear to be anything in the Lukha case that would prevent them from issuing a new Charge Certificate.

hello mate,

right AFAIK if the charge cert has been cancelled then the pcn, nto, rejection letter to which the cert was based upon is cancelled aswell.

to whit, they cannot re-issue a charge cert based on non existant penalties.

It was ruled upon in the lukha case. They have already created the prejudice which cannot be recinded.

Have you checked the rest of the paperwork for wording, I bet they cocked that up too.

I am not so sure. In the Lukha case, the NTO, the Charge Certificate and the Notice of Rejection were all wrong which led I think to the decision to cancel the pcn.

Now there is a valid Charge Certificate and NTO. Not been able to get hold of the PCN as yet but if that is valid too, then maybe there is no claim in that direction?
The only way may be to claim sort of unlawful process in pursuing the debt when they must have known the Charge Certificate was invalid.

see Westover -v- Buckinghamshire County Council
I believe they can reset to the NTO - but have six months from the date of contravention (in London) I think it has been used outside london (found by an Adjudicator)

I have just read the regulations and the six month rule begins when a Judge
cancels the pcn on NTO, not when the ticket was issued.

yes they can re-issue an NTO but isn't it a Charge Certificate in this case ?

Yes it is but the principle would surely remain the same?

No - CC is part of an enforcement regime.

Originally Posted by lamma

yes they can re-issue an NTO but isn't it a Charge Certificate in this case ?

I didnt know a non compliant nto could be re-issued.