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    • I received PCN's from TFL and Southwark. 08/06/19   I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA.   TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply.   (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine).   I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage.   I complained again through resolver.co.uk and Marston lied again.   Then I sent ALL my info and evidence etc.   They then took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc.   TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it.   The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler.   I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain.   I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Basically; regarding the footage: my initial message to them, I made myself seem unaware and 'stupid' so they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' so they can't uphold my complaint, then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal) so when they received the in-depth response, I think they got scared, went away for a couple weeks and tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250. She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
    • yes. Did you earn over £12,500  with that employer during the year?
    • No it was 1250L I guess that's the tax allowance limit code?    Cheers
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looneygooner

payment wanted after two and a half years

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Got a letter from Northampton Court on behalf of Harrow Council,

demanding £195.00 for being in a bus lane on the 16/03/2015 at 11.28.

 

I never received any letter from Harrow Council about this offence,

the time indicated 11.28 is strange as the bus lane restrictions are 0700-10.00 and 16.00-19.00hr and this has always been the case since the restrictions were applied.

 

The penalty charge notice gives the correct reg in the photo and you can clearly see the make of my car but vehicle make is stated as unknown.

 

This is very strange,

my question is how do I go about replying,

 

I know I can state I did not receive the notice to owner to take it back to the first stage,

nor appealing against the charge or receiving no reply to an appeal..

 

What do I do and why over two and half years to get this letter

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The first thing you must do, and do this within 28 days, is to notify Northampton County Court of your intention to defend this claim. Then pop along to the site where the alleged infringement took place, and photo any signs that show the time of operation of the bus lanes.

 

You need to build a case against the council, so request photographic evidence of the driver of the car. You may only be the registered keeper, and not driving it that day. You are asking the council to prove their allegation at every step of the way.

 

When you have gathered all this information together, you then send it to Northampton as your defence. They will pass this onto Harrow Council. Also state on your defence that you want this transferring to your local county court, not Northampton. That is not a proper court, it is nothing more than a rubber stamping office.

 

Keep a record of your time and costs. You can claim £18 an hour for research and defending this vexatious claim. The burden of proof rests soley with Harrow Council. It wouldn't hurt to ask Harrow for all information they have on this alleged offence, including any previous letters they claim they have sent. They can't do nothing and then go straight to Northampton.

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It sounds like you have been sent a Charge Certificate?

 

 

If so, wait for the Order for Recovery and then submit a witness statement to TEC, that you didn't receive the original PCN.

This will set the PCN back to the NTO stage.

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When you have gathered all this information together, you then send it to Northampton as your defence.

No you don't

 

They will pass this onto Harrow Council.

No they won't

 

Also state on your defence that you want this transferring to your local county court, not Northampton.

This is a PCN, no county court is involved at any stage

 

Just wait for the OfR. Details of how to make a witness statement are supplied with it

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can I just 100% check

this WAS a Council Penalty Charge Notice

not a Private Parking Company parking charge notice

 

as northants county court would NEVER be involved with a council fine

only a private invoice that they got a default CCJ over..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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The address of the alleged offence does not have a postcode and the road in question is a mile long,

there is one stretch of a bus lane which is about one hundred metres and does have the restriction of 07.00-19.00hr but the photo doesn't show it,

 

I know that bus lane and I have lived in the area for over twenty years,

so I am fully aware of the bus lane times,

I will heed your advice and will make the defence....Thank you

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The first thing you must do, and do this within 28 days, is to notify Northampton County Court of your intention to defend this claim. Then pop along to the site where the alleged infringement took place, and photo any signs that show the time of operation of the bus lanes.

 

You need to build a case against the council, so request photographic evidence of the driver of the car. You may only be the registered keeper, and not driving it that day. You are asking the council to prove their allegation at every step of the way.

 

When you have gathered all this information together, you then send it to Northampton as your defence. They will pass this onto Harrow Council. Also state on your defence that you want this transferring to your local county court, not Northampton. That is not a proper court, it is nothing more than a rubber stamping office.

 

Keep a record of your time and costs. You can claim £18 an hour for research and defending this vexatious claim. The burden of proof rests soley with Harrow Council. It wouldn't hurt to ask Harrow for all information they have on this alleged offence, including any previous letters they claim they have sent. They can't do nothing and then go straight to Northampton.

 

Unfortunately some, if not most, of this is inaccurate.

 

You cannot transfer this to a local county court as they do not have jurisdiction. The Traffic Enforcement Centre in Northampton was established for the purpose of processing statutory declarations and witness statements in relation to decriminalised enforcement.

 

The driver of the vehicle is irrelevant as owner liability for the penalty charge applies. Photographic evidence of who this is would be of no value.

 

The TEC will not be interested in representations against the penalty charge, this is not their concern. Their purpose is to reset the appeal process where a step has been missed and/or where statutory procedures have not been followed. This applies to BOTH sides.

 

You can claim costs but £18 per day is not an established figure. Costs can be applied for, by either side, to the adjudicator at the independent tribunal (either London Tribunals or Traffic Penalty Tribunal) but these are rarely awarded.

 

The burden of proof does NOT rest with the authority. This is not a criminal case, it is a civil one. If it goes to appeal, the adjudicator will decide the matter based on the balance of probabilities. Their decision is binding on both sides but are not precedents.

 

Finally, this is not an 'offence' as that relates to criminal activity. It is an alleged contravention.

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Clear, correct advice. Thanks for posting.

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