2nd Croydon Charge Certificate

[Hopeful Williams]

Hey guys,

 

The date of contravention was 13/07/2020.

Since then, it has gone to Order for Recovery and then back to Notice to Owner.

When I received this second NTO,

 

I responded via email saying the following:

 

"I am writing to make representations against your NTO.

There has been procedural impropriety on the part of the enforcement authority.

 

I appealed your initial NTO dated 24/08/2020 on grounds that I saw no original PCN affixed to my car on the date of contravention.

I therefore requested to pay the 50% discounted amount.

Instead of written acknowledgement or rejection, I received a Charge Certificate.

Number plate: ...... Date of contravention: 13/07/2020".

 

My understanding is that if rejected the adjudication stage is available.

I did not receive a rejection but instead another Charge Certificate, giving me 28 days from 09/02/2021.

 

What is the advisable next step?

I do not mind paying the initial PCN of £65, or better yet of course, not paying anything.

[dx100uk]

almost the same as here?

 

Havering PCN Misstep, how do I avoid paying? - Local Authority Parking and Traffic Offences - Consumer Action Group

 

file a TEC Witness Statement, on the grounds that you did not receive the original PCN?

 

Which to use For Which Offence. PE2/3, TE7/9. - Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO - Consumer Action Group

[Hopeful Williams]

Thank you for your response.

 

Won't it just go back to NTO and then come back to OR again?

 

Should I include a note that explains that I received no rejection to my appeal or the chance of adjudication?

[dx100uk]

i could be wrong but surely if you didn't receive the original PCN for whatever reason, it should be reset to the discount period regardless to what has happened since?

[Hopeful Williams]

That's exactly what I thought, but they went straight to a Notice to Owner?

[spaceman61]

From what you have said, it seems that your ground for making a witness statement is not that you didn't receive the pcn but that you made representations against the notice to owner but did not receive a notice of rejection of those representations.

 

If your witness statement is accepted, then the matter is referred to the adjudicator who will decide what happens next. This might be the register of an appeal at the tribunal or a request for a copy of your representations followed by either a direction to pay or registration of appeal.

 

Not receiving the pcn is NOT a statutory ground of appeal since there are legal processes in place to address this situation, which you have availed yourself of.

[Jamberson]

Happy to give you some advice, but there are a couple of areas not explained in your posts. Just to go over them, clarification would help:

 

The date of contravention was 13/07/2020. Since then, it has gone to Order for Recovery and then back to Notice to Owner.

      - How did this happen? Usually Order for Recovery is followed by a bailiff warrant. What happened, and when?

 

When I received this second NTO, I responded via email saying the following: "I am writing to make representations against your NTO. There has been procedural impropriety on the part of the enforcement authority. I appealed your initial NTO dated 24/08/2020 on grounds that I saw no original PCN affixed to my car on the date of contravention. I therefore requested to pay the 50% discounted amount. Instead of written acknowledgement or rejection, I received a Charge Certificate."

      - You are right, you should have got a rejection, assuming a. they received your representation, and b. it was completed correctly. What were the dates (approx) of the second NTO being issued, and your representation being sent?

 

Some general info which might be helpful:

 

If you make a statutory declaration or witness statement to get the Charge Certificate revoked, one of two things will happen. Correct is that the Local Authority refer you to the adjudicator. Incorrect, but it happens, is that they will issue a new NTO.

 

Assuming they do the latter, make representations (again). Either way you have an option of paying the charge, and that's the end - but it's not correct about the discount being reinstated. That's a concession to encourage prompt payment, and once it's gone, it's gone, although it is sometimes re-offered as good will. I would assume in this case it won't be re-offered due to the timescale.

 

If you do make a statutory declaration or witness statement, no, don't include any notes. Just stick to the process to avoid any complications. All pertinent info, write on the form.

 

And Spaceman61 is spot on. Your grounds would be that you made representations against the notice to owner but did not receive a notice of rejection.