PCN with incorrect postal address

[webonline]

Hi All,

I am seeking advice from all of you on this following situation.

I had received a Charge Certificate for PCN on 16/07/2010 issued by local council with increased penalty of GBP 150.

It also states that earlier PCN letter have been sent for stopping the car in no parking zone monitored with CCTV. The original fine was GBP 100 with 50% reduction if paid in 21 days. But I never received any PCN letters before.

I observed that address stated on Charge Certificate is incorrect.

Address on Charge Certificate states "(Building Name)(Flatno.)(Street Name)" instead of "(Flatno.)(Building Name)(Street Name)".

I suppose due to incorrect address, I never received the earlier PCN letters in my post-box.

I also confirm my complete address on DVLA database is "(Flatno.)(Building Name)(Street Name)".

I called the council authority regarding PCN and they told they received the address from DVLA and they cannot do anything now because charge certificate has been issued. So either i have to pay GBP 150 or have to wait for court order for recovery where I can raise my concern that I never received any PCN in first place. Total Cost after court order will increase to GBP 175.

Hence total fine will be GBP 175 with no fault on my side.

 

I have no option but wait for Court Order now.

Do you think I have good chance of winning my appeal in Court Order for not receiving PCN due to incorrect address and then paying the reduced rate on PCN (GBP 50).

Thanks

Sagi

[buzby]

Dupe

Edited July 26, 2010 by buzby

[buzby]

Not really - all the information IS correct. Just because it isn't in the conventional order it would not have prevented delivery. If your address was transposed by them, you might get an apology, but if it is the same as appears on yout RK documentation, they've nothing to apologise for.

 

If within the time limits, you could bring this to the attention of the council and explain your concerns and they may agree to accept the reduced amount. Doing nothing will simply increase your costs.

 

It won't go to court, as this process is automatic.

Edited July 26, 2010 by buzby

[Jamberson]

Yes - wait until you receive the Order for Recovery and file the necessary papers. It will revert the matter back. Whether the whole discount is reinstated is discrationary, but you should get it back to £100 and you can take it from there.

 

Meanwhile, you could try reasoning with a supervisor at the council. You might find them willing to make an arrangement with you directly.

 

Google PATAS and follow the relevant pages for more info on Charge Certificates and Statutory Declarations.

[Jamberson]

..

[webonline]

Thanks for the reply.

I have checked my V5 doc and address stated there is correct.

 

I am worried if Council has forwarded incorrect address to court and i might not get the OFR papers.

 

Thanks

Sagi

[Jamberson]

You should be issued with an Order for Recovery 21 days after the Charge Certificate. So give it 23, 24 days and if you have received nothing, phone the Council and find out what's happening.

 

To be honest, the discrepancy in the address is so trivial, I find it hard to believe that this was the reason the NTO was not received. The postie would have to be pretty silly to not understand where it needed to go!

[buzby]

The Council control the collection, and it does not go to any court. They are empowered to instruct Bailiffs since these matters were decriminalised.

[green_and_mean]

The Council control the collection, and it does not go to any court. They are empowered to instruct Bailiffs since these matters were decriminalised.

 

That is not actually correct it needs to go to Northampton County Court before baliffs get involved.

[buzby]

This would surprise me as in Scotland, this step is avoided as there is no requirement for the document ion to be handled by any court, the council instruct Sheridd Officers directly. Are yoy saying English councils have to take people to court for Council Tax arrears too?

[lamma]

This is not actually correct. It is treated AS IF if it was was done under a county court order. See CPR part 75.3 (3) On receipt of a request that meets the requirements of paragraphs (1) and (2), the court officer will order that the amount due may be recovered as if it were payable under a county court order by registering the request and returning it to the authority. they pretend it been done through the county court but is just been done through the bulk processing centrer which is a 'deemed office' of the court. Notice thats 'office' not 'Office'. 'As if' means it isn't a county court order which is why councils only use private bailiffs.

[buzby]

Ta for that clarification.

[webonline]

Called the Council Authority.. OfR will come from Northampton County Court.

 

Thanks

Sagi

[lamma]

No it won't. I explained what really happens. It will come from the TEC. (you believe what council's tell you ?)

[webonline]

Hi all,

Finally got OfR fron the court. I'll reply back with letter stating I never recieved PCN from council due to incorrect address. I'll also include a photocopy of V5 doc to prove my correct address.

Also I have noticed there is no warning regarding CCTV monitoring on the that street for enforcing no waiting restrictions. Is it fair to include this point in letter.

 

Thanks

Sagi

[buzby]

Seems a bit desperate to chase the CCTV angle, this would be better suited for the actual defence of the ticket, not an application to rerun the case. In any event, I believe in city area there is an expectation that CCTV may be used for enforcement, and to additional warnings need be given.