I have a Charge Certificate

[jaffy1229]

I recently contested my parking ticket, and have just recieved a letter with the heading "Charge Certificate". Does this mean my appeal was unsuccessful?

 

I had a letter saying something about representation whcih I did'nt understand as I had already written to them outlining why I thought the parking ticket should not have been issued, so I ignored it as I did'nt even understand it.

 

Can someone tell me what I should do now?

 

Thanks for any help.

[green_and_mean]

It would help if you told us EXACTLY what you have sent and received and the dates involved.

[jaffy1229]

The parking ticket was issued on 12th June 2010

I sent a letter to contest the parking ticket, detailing my evidence (sent on 20th June 2010)

I recieved a NTO on 19th July 2010

I then recieved a Charge Certificate on 27th August 2010

 

My original thread about my parking ticket is here; http://www.consumeractiongroup.co.uk/forum/showthread.php?263556

[green_and_mean]

The parking ticket was issued on 12th June 2010

I sent a letter to contest the parking ticket, detailing my evidence (sent on 20th June 2010)

I recieved a NTO on 19th July 2010

I then recieved a Charge Certificate on 27th August 2010

 

My original thread about my parking ticket is here; http://www.consumeractiongroup.co.uk/forum/showthread.php?263556

 

 

Oh dear!! You made an informal representation and as such you should still have responded to the NTO.

[jaffy1229]

This is what I don't understand. I have already told them why I dispute the parking ticket so I am unsure why they would want me to repeat myself.

[lamma]

Thems the rules. the PCN and the NTO told you (or should have...). http://www.opsi.gov.uk/si/si2007/uksi_20073482_en_1

[Jamberson]

I had a letter saying something about representation whcih I did'nt understand so I ignored it as I did'nt even understand it.

 

Can you clarify whether you received actual correspondence from them, not including the Notice to Owner or Charge certificate? An actual letter?

[Jamberson]

Just read the other thread and I see you did have a reply to your first letter.

 

It says in their letter that you will receive a Notice to Owner - which you did. Ignoring it when it arrived was a mistake.

 

You can wait until they send you an Order for Recovery, at which stage you can formally contest the progression of this case, with a view to getting another Notice to Owner issued, and take things from there.

 

Or, you can call the Council and tell them you have misunderstood the process and ask if they will send you another Notice to Owner now, and take things from there.

 

Or you can pay in full (which I assume you don't want to do).

 

These are you only realistic options now.

[green_and_mean]

Just read the other thread and I see you did have a reply to your first letter.

 

It says in their letter that you will receive a Notice to Owner - which you did. Ignoring it when it arrived was a mistake.

 

You can wait until they send you an Order for Recovery, at which stage you can formally contest the progression of this case, with a view to getting another Notice to Owner issued, and take things from there.

 

Or, you can call the Council and tell them you have misunderstood the process and ask if they will send you another Notice to Owner now, and take things from there.

 

Or you can pay in full (which I assume you don't want to do).

 

These are you only realistic options now.

 

The only grounds to contest the debt registration are:

 

You have not received the notice to owner or enforcement notice;

You made representations to the Local Authority but you did not receive a rejection notice; and

You made an appeal to the Parking/Traffic Adjudicator (following the rejection, by the Local Authority, of your representation) and you received no response.

 

 

None of these seem to apply so I would pay asap before you end up with baliffs on your case and further costs.

[Bigdebtor]

Good advice from Jamberson - it can't hurt to ask the Council again - after all you DID tell them - just not at the rtight part of the process.

 

On the other hand - if you DID "make representations" and they LOST or DIDN'T RECEIVE that letter - then under the Interpretaion Act they are still deemed to have got it either 2 days (1st class) or 4 days (2nd class) after you posted it. Royal Mail does lose letters from time to time - why should you be penalised if they lost your official representation sent by you within the correct timescale? If that's the case you should let them know this PDQ!

 

Also many Council's issue faulty NTO's - if so the NTO is worthless - check out pepipoo (?) web site for far more info on this.

 

Good luck - hope this helps!

 

BD

[jaffy1229]

Thanks everyone for your advice. I have written back to the council basically saying I have yet to hear anything on my representation or appeal, hoping they will give me another chance to make a representation.

 

Thanks Bigdeptor for the link.

[dragonkeeper]

 

 

 

check out pepipoo (?)

 

 

BD

 

 

 

I thought CAG was a stand alone forum and not a soap box for other forums.

 

Penny dropped I've just looked at the dates.

 

 

 

dk

[Bigdebtor]

I note your recognition of your somewhat tardy response but I must also counter that I thought CAG was a source of help for those who sought it - and not in competition with other such equally free to use and well supported sources of help on a variety of topics, whether Pepipoo or Martin Lewis's MSE or whatever.

 

I was simply pointing the poster to where I had received more information on unenforceable NTO's - not trying to "take business away from CAG" whether standing on a soap box or exploiting the significantly greater efficiency and effectiveness of a PC .

Edited September 20, 2010 by Bigdebtor

[Jamberson]

I have written back to the council basically saying I have yet to hear anything on my representation or appeal,

 

Well I hope you get the result you want - but to be clear, you were not advise to do this. The advice was:

 

wait until they send you an Order for Recovery, at which stage you can formally contest the progression of this case; or -

 

call the Council and tell them you have misunderstood the process and ask if they will send you another Notice to Owner; or -

 

pay in full

 

- keep us posted.

[jaffy1229]

The council have written back saying they had not recieved my letter of representation. However, they have asked me to forward the letter within 7 days.

 

At this point the penalty charge has doubled. I am not sure if it will still be double, if they reject my letter.

[Bigdebtor]

That at least sounds hopeful - better than you would have got by having just "rolled over" before this point. Take it a stage at a time and don't be distracted by any "what if" - just focus on this opportunity for now.

 

I would double check the date on the copy of the representation letter they now want to see is within the timescales required for making such representation before you send it off to them - otherwise they may simply retort "you didn't make the required representation within the required timescales" - if so, that would almost certainly be game over at present.

 

Good luck!

 

BD