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Pleas could someone help me with a Charge Certificate which I have received from my local council? It relates to a parking offence on 18/12/2007 which I shall explain.
18/12/07 I was parked in a Disc Parking Area & displaying a parking disc, however, I had not realised that the disc had run out some time previously. I don't dispute the offence but it being nearly Christmas etc I'll be totally honest I forgot all about it.
June 08 A neighbour brought round a letter addressed to me from the Local Council the actual address on it was 4 B******s Close & I live at 24. Fortunately/Unfortunately the neighbour knew my name & brought the letter down personally. Naughty me I ignored it, but it said that I had to pay the fine within 14 days or further action would ensue. This was Headed Notice to Owner
20/8/2008 Neighbour delivers a further letter from the council headed Charge Certificate Road Traffic act 1991 addressed to 4 B******s Close not 24 but with my name on it.
So what to do now?? The certificate says I must pay £90 within 14 days but should I?
I admit the original offence but none of the following paperwork has been correctly administered by the council (wrong address) I know DVLC have the correct address so this is an error by the council,
I'm happy to pay the original fine but If I do nothing now I will get a debt registered against me, etc & the charge certificate threatens county court & bailiffs
Any advice? (and yes I know I should have just paid it at the start)
The Council will apply to the county court for an Order for Recovery. This will be sent to you by a central CC (TEC at Northampton).
You then apply to the CC to have this overturned, explaining the circumstances. To do so you make a Statutory Declaration. You could ask TEC to send you one now - explain the circumstances and they will send you the right stuff.
You need to get the Stat Dec signed legally. You can do this for free at your local CC in the presence of a Court Officer. do not sign the doc until he/she says so.
When OfR is overturned the matter will return to whatever is the appropriate stage. In this case, you will probably get a new Notice to Owner and may then make representations.
Ok, you say you admit the contravention but do you? Do you know if the Council complied with the legal requirements of enforcement? Was the pcn legally valid? Were the road markings and signs legally valid?
Think about it.
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Ok, you say you admit the contravention but do you? Do you know if the Council complied with the legal requirements of enforcement? Was the pcn legally valid? Were the road markings and signs legally valid?
Think about it.
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How would I find any of this out? I know my Local council was pulled up a few years ago for issuing invalid tickets which only showed one date ie date of offence but not date issued & they had to cancel all tickets issued but how would I find out if there was any problem with what was issued to me?
How would I find any of this out? I know my Local council was pulled up a few years ago for issuing invalid tickets which only showed one date ie date of offence but not date issued & they had to cancel all tickets issued but how would I find out if there was any problem with what was issued to me?
Ok, I'll have to wait until my techie OH comes home 'cos I dont know how to do it myself.
One thing I was wondering was could I maybe claim that the paperwork was issued out of time? ie. The Notice to Owner (which I cant find) was dated 10/6 but not received by me until days later because it had been delivered to a neighbour's address. Now 18/6 would've been 6 months after the date of offence so therefore it was received by me "out of time" ?
Don't know if that's right but will get doc's posted up asap.
I'm not entirely sure of my ground here (as I will always say when so) but I think you might possibly claim the NtO was never served at all? Not to you anyway.
I don't think there is a time limit for service of the NtO but nearly six months is arguably 'unreasonable' since it obstructs your ability to gather evidence and formulate representations. I actually know someone who has been waiting 4 years!!! LOL. That may sway an Adjudicator but unsure of the legal basis.
No prob with wait for docs - I'm hopeless at that myself!
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I'm sure the notice to owner had a bit on it which said under grounds for appeal that it had to have been served within 6months of the offence date. Grr I wish I could find it.
Going to go look for it whilst I wait for OH to come home.
Charge Certificate from Local Council
& bailiffs
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Originally Posted by Ting
