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Penalty Charge notice not received in post from council.


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I received a penalty charge certificate through the post yesterday 23/06/11 from the Reading Borough council and according to the letter I have to pay £90 for defaulting on an initial payment of £60 for a driving offence committed on 26/04/11. (Driving in a bus lane).

 

The problem I have is that I NEVER received the initial notification at all. I am confused, how do I deal with this? I have been to their site and according to them the first notice was issued on 16/05/11. What can I do? If the offence is true I will pay the fine but that will be the initial £60 and not £90. I need help please.

Edited by Tunde
Wrong information
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A parking CC for a moving traffic violation?

 

I think what you'll need to do is wait for an Order for Recovery to arrive, which will be in the next 2 or 3 weeks, then file a statutory declaration, which will revert the case back. The forms and instructions will be included with the Order for Recovery. Post back here if you need any help.

 

Not much else you can do meantime, unless you want to try a long shot and call them now, and see if they will re-issue the Notice to Owner now.

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Sorry I worded that incorrectly (What was I thinking?) It was a penalty for driving through a bus lane but I did not receive the initial notification through the post. Thanks for your help.

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Thanks a lot lamma, Can I write them stating that I did not receive the intial charge letter and wait for them to respond or call them? If I write them I will make sure it is recorded.

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Copy of letter I am sending to the council.........is this ok?

 

 

I am writing you with regards to the above penalty charge received via post on the 24th June 2011 dated 22nd June 2011. (Copy attached). The charge certificate states that the offence was committed on the 26th April and that you sent a notification to me, which according to you, I refused to pay hence the increase in the penalty charge by 50%.

 

I will like to inform you that I NEVER received any notification prior to this charge certificate. I will like you to send me the initial notification and I will make the necessary payment of sixty pounds (£60.00) if indeed it is true that I have contravened any law with regards to being in a bus lane.

 

It will be very unfair and unjust to pay an increased fee since I did not receive any notification from you. It is also important to note that the said offence was committed in April; I will like to know the date the penalty charge letter was sent to me and be given enough time to challenge this if I choose to do so.

 

 

 

Yours Faithfully,

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I would omit the bit about offering to pay, at all, if you want to challenge. Rather, I would ask for their photographic and video evidence. If they refuse to cancel, then you have to wait for the Order for Recovery and do a Declaration which should get it reset to PCN stage. Then the challenge is on via formal reps.

 

Re Bus Lane challenges, you also need in due course the Traffic Regulation Order by pdf and to take pictures of all signage pertaining to the lane to check for errors.

Edited by HYMN AND MI
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letter re-adjusted to read..............

 

 

I am writing you with regards to the above received via post on the 24th June 2011 dated 22nd June 2011. (Copy attached). The charge certificate states that the offence was committed on the 26th April and that you sent a notification to me, which according to you, I refused to pay hence the increase in the penalty charge by 50%.

 

I will like to inform you that I NEVER received any notification prior to this charge certificate. I will like you to therefore send me the initial notification with video and or photographic evidence that shows I actually did contravene any law with regards to being in a bus lane.

 

It will be very unfair and unjust to pay an increased fee since I did not receive any notification from you. It is also important to note that the said offence was committed in April; I will like to know the date the penalty charge letter was sent to me and be given enough time to challenge this if I choose to do so.

 

 

 

Yours Faithfully,

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You want them to cancel the C.C..

 

Are you saying I should ask them to cancel the penalty charge? That will mean that I do not need to ask for the Video evidence in the letter.

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Worth a try. Just add if they do not, you need all the other information. Normally, in such circumstances, you wait for the Order for Recovery etc. This will not cancel the PCN, just reset it to the first stage. Then you have to challenge it formally. As advised above. Can you post up the C.C. less details?

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Worth a try. Just add if they do not, you need all the other information. Normally, in such circumstances, you wait for the Order for Recovery etc. This will not cancel the PCN, just reset it to the first stage. Then you have to challenge it formally. As advised above. Can you post up the C.C. less details?

 

Ok I Have asked that the penalty charge be cancelled if they do not send me proof. Thanks so much for your help......

 

I will like to inform you that I NEVER received any notification prior to this charge certificate. I will like you to therefore send me the initial notification with video and or photographic evidence that shows I actually did contravene any law with regards to being in a bus lane. I will not be making any payment without the evidence and will request that you cancel the penalty charge.

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Thanks a lot, I have amended that and sent it recorded, guaranteed to get there by 1pm tomorrow and signed for. Thanks a lot.

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  • 2 weeks later...

The letter arrived at Reading council on 30/06/11 and signed for, I have not received any correspondence from them since. I will update the thread as soon as I receive any letter from them. Thanks a lot for your help.

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  • 2 weeks later...

Almost a month now since they have received the letter and I have not heard from them. Will keep you all posted. Thanks so much for your help.

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  • 1 month later...

I will like to express my profound gratitude to everyone who helped on this issue. I just got a 'Notice of Acceptance of Representations' through the post and based on the letter I sent them, they have agreed to cancel the PCN!!! That has saved me at least £60 and a lot of trouble.

 

Thanks so much. :-D

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