Charge Certificate From Medway Council

[Redrob]

I have received a Charge Certificate for £105 for ignoring a NTO/PCN that was supposedly served upon me. But this is the first I have heard of it. By coincidence the wife of a friend also had the same thing on the same day (Thursday last week) and phoned up the council. She was told that there was a computer error and none of the original tickets were sent out. They are now going to send her the original ticket with option of paying the reduced amount of £35.

 

This same friend claims to have seen something on the internet, Office of Public Sector Information, that states that if the offence is recorded using recording equipment rather than someone writing a ticket and sticking it on your car, that ticket has to be served within 21 days. I can't find this myself at the moment, but he has promised to give me the full web address when he gets home this evening.

 

Has anyone else heard of this 21 days? Should I just write to the council rejecting the charge certificate, or should I call them and get them to admit to me that it wasn't sent out and to send it now?

[crem]

You are right that there are strict time limits for issuing PCNs/NtOs/rejections etc. When exactly was this parking offence alleged to have taken place?

[Redrob]

Parking offence was 26/3/09

 

I received the Charge Certificate, dated 12/5/09, on Thursday last week, 14/5/09.

[lamma]

Cheeky beggars !! "Computer error", of course the computer decided to do this on its own. What claptrap. However decriminalised parking is a legal process and they have stepped outside the process. there is no relief in the regs for 'computer error'. My opinion is that everyone who received a Charge Certificate in this batch has a sure fire win, just as they do when the council issues a CC when the NTO is still in process. The council have a bloomin' cheek asking for the 35 quid when they know that every PCN affected is now unenforceable. I would keep the CC safe and tell the council where they can put their request for 35 quid. And I would be onto the council legal dept, the head of parking, the local councilor, MP, PATROL (or PATAS) and the TEC big style ! And get letters published in the local press. Pat, what say you ?

[crem]

....and make sure you tell your friend's wife. The council have no chance of making these fines stick.

[Redrob]

So do I just send them a letter rejecting the Charge Certificate or should I give them a ring and get them to admit to me that the original PCN didn't get issued?

[crem]

So do I just send them a letter rejecting the Charge Certificate or should I give them a ring and get them to admit to me that the original PCN didn't get issued?

 

What's the point in ringing them and getting them to admit they were wrong? Unless it is in writing you'd have nothing to show the adjudicator from the phone call if they then decided to plow on regardless.

 

I would put it in writing saying you reject the fine on the basis of the council's procedural impropriatey.

[Redrob]

OK no problem. Thanks for the advice. I'll let you know how it pans out.

[lamma]

start the complaints now. keep hold of the CC. Wait for the NTO, tick the 'procedural impropriety on the part of the council' box for a slam dunk win. BUT get the word out to as many as you can as fast as you can, many will fall for this and pay the £35. If you and I did what the council has, having certain knowledge that the claims for money were false and unenforceable, we would be prosecuted under the Fraud Act 2006 S.2 in a heartbeat. FOI the council for how many CCs have been sent out 'in error' as part of this. This is outrageous and criminal on the part of the council in my opinion.